Mackendrick v. National Union of Dock Labourers of Great Britain and Ireland [1911] ScotLR 431 (07 February 1911)

Mackendrick v. National Union of Dock Labourers of Great Britain and Ireland [1911] ScotLR 431 (07 February 1911)

The Court of Session, having finally disposed of the case and granted leave to appeal, has no jurisdiction to award or modify expenses incurred in connection with an appeal to the House of Lords, even if the appeal is withdrawn before being heard.

Citation
[1911] ScotLR 431
Parties
Pursuer: Alexander Brownlie Mackendrick; Defender: National Union of Dock Labourers of Great Britain and Ireland
Jurisdiction
Scotland
Judgment Date
22 February 1911
Procedural Posture
Civil / Post Judgment Application for Additional Expenses After Withdrawal of Appeal
Outcome
prayer of the note refused
Legal Topics
Expenses, Appeal, Withdrawal of Appeal, Jurisdiction Over Costs
Civil Procedure Expenses Appeal Withdrawal of Appeal Jurisdiction Over Costs

Case Brief

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Parties

Alexander Brownlie Mackendrick

Pursuer

National Union of Dock Labourers of Great Britain and Ireland

Defender

Procedural Posture

Civil / Post Judgment Application for Additional Expenses After Withdrawal of Appeal

Legal Issues

  1. 1 Whether the Court of Session has power to award additional expenses to the pursuer incurred due to a withdrawn appeal to the House of Lords

Ratio Decidendi

The Court of Session, having finally disposed of the case and granted leave to appeal, has no jurisdiction to award or modify expenses incurred in connection with an appeal to the House of Lords, even if the appeal is withdrawn before being heard.

Court Disposition

prayer of the note refused

Orders

  • Application for additional expenses refused