North British Railway Co. v. Budhill Coal and Sandstone Co. [1909] ScotLR 347 (04 February 1909)

Decree for expenses granted to defenders, subject to caution for repetition, as appeal had not been formally presented and no order for service pronounced; Court exercised discretion to protect pursuers in event of successful appeal.

Citation: [1909] ScotLR 347
Parties: Pursuer: North British Railway Company; Defender: Budhill Coal and Sandstone Company
Jurisdiction: Scotland
Judgment Date: 04 February 1909
Procedural Posture: Civil / Post Judgment Motion for Expenses Pending Appeal
Outcome: decree for expenses granted subject to caution for repetition
Legal Topics: Expenses, Appeal, Decree Under Caution for Repetition

Civil Procedure Expenses Appeal Decree Under Caution for Repetition

Case Brief

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Parties

North British Railway Company

Pursuer

Budhill Coal and Sandstone Company

Defender

Procedural Posture

Civil / Post Judgment Motion for Expenses Pending Appeal

Legal Issues

1 Whether decree for expenses should be granted when appeal to House of Lords is lodged but not presented
2 Whether caution for repetition should be required

Ratio Decidendi

Court Disposition

decree for expenses granted subject to caution for repetition

Orders

Approval of Auditor's report on defenders' account of expenses
Pursuers to pay defenders £995 4s. 6d. sterling, taxed amount, only on caution being found for repetition to satisfaction of Clerk of Court