Jacobs v. The Provincial Motorcab Co., Ltd [1910] ScotLR 634 (24 May 1910)

Jacobs v. The Provincial Motorcab Co., Ltd [1910] ScotLR 634 (24 May 1910)

Defenders are not entitled to expenses occasioned by their amendment of record after lodging a tender, as such expenses are not incurred in the natural progress of the cause and must be borne by the party responsible for the amendment.

Citation
[1910] ScotLR 634
Parties
Pursuer: Nathan Jacobs; Defender: The Provincial Motorcab Company, Limited
Jurisdiction
Scotland
Judgment Date
24 May 1910
Procedural Posture
Action of Damages for Personal Injury / Motion for Application of Verdict and Determination of Expenses After Acceptance of Tender
Outcome
Interlocutor pronounced in favour of the pursuer for £201; pursuer entitled to expenses down to 9th February 1910 (date of tender); defenders entitled to expenses thereafter except those disposed of in favour of pursuer by interlocutor of 8th March 1910.
Legal Topics
Expenses, Tender, Amendment of Record, Costs Allocation
Civil Procedure Personal Injury Expenses Tender Amendment of Record Costs Allocation

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Parties

Nathan Jacobs

Pursuer

The Provincial Motorcab Company, Limited

Defender

Procedural Posture

Action of Damages for Personal Injury / Motion for Application of Verdict and Determination of Expenses After Acceptance of Tender

Legal Issues

  1. 1 Whether defenders are entitled to expenses incurred after lodging a tender but before its acceptance, specifically those occasioned by amendment of record.

Ratio Decidendi

Defenders are not entitled to expenses occasioned by their amendment of record after lodging a tender, as such expenses are not incurred in the natural progress of the cause and must be borne by the party responsible for the amendment.

Court Disposition

Interlocutor pronounced in favour of the pursuer for £201; pursuer entitled to expenses down to 9th February 1910 (date of tender); defenders entitled to expenses thereafter except those disposed of in favour of pursuer by interlocutor of 8th March 1910.

Orders

  • Apply the verdict.
  • Decern against the defenders for payment to the pursuer of £201.