Hughes v. Allens [1909] ScotLR 813 (17 June 1909)

Hughes v. Allens [1909] ScotLR 813 (17 June 1909)

Section 8 of the Act of Sederunt 1907 does not apply where a single action with one defence results in total recovery exceeding £50, even if individual awards are less than £50; the pursuer is entitled to full expenses.

Citation
[1909] ScotLR 813
Parties
Pursuer: Mary Hughes; Defender: William Allen, M.D.; Defender: James B. Allen
Jurisdiction
Scotland
Judgment Date
17 June 1909
Procedural Posture
Civil Damages for Assault / Post Trial, on Question of Expenses
Outcome
pursuer entitled to full expenses
Legal Topics
Expenses, Act of Sederunt 1907 Section 8, Recovery of Less Than £50, Joint and Several Liability
Civil Procedure Damages Costs Expenses Act of Sederunt 1907 Section 8 Recovery of Less Than £50 Joint and Several Liability

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Parties

Mary Hughes

Pursuer

William Allen, M.D.

Defender

James B. Allen

Defender

Procedural Posture

Civil Damages for Assault / Post Trial, on Question of Expenses

Legal Issues

  1. 1 Whether section 8 of the Act of Sederunt 1907 limits the pursuer's entitlement to expenses when total recovery exceeds £50 but individual awards are less than £50 against each defender.

Ratio Decidendi

Section 8 of the Act of Sederunt 1907 does not apply where a single action with one defence results in total recovery exceeding £50, even if individual awards are less than £50; the pursuer is entitled to full expenses.

Court Disposition

pursuer entitled to full expenses

Orders

  • Pursuer awarded full expenses.