Smith v. Watson [1911] ScotLR 411 (10 February 1911)

Smith v. Watson [1911] ScotLR 411 (10 February 1911)

The allowance of expenses for notes of evidence is a matter of circumstances; in this case, the charge should be allowed as the Auditor originally opined. In future, litigants must intimate their intention to charge such costs and obtain leave.

Citation
[1911] ScotLR 411
Parties
Pursuer: Robert Bain Smith; Defender: Hugh Hayes Watson
Jurisdiction
Scotland
Judgment Date
10 February 1911
Procedural Posture
Civil / Objection to Auditor's Report on Expenses
Outcome
objection sustained
Legal Topics
Expenses, Proof, Hearing on Evidence, Costs of Notes of Evidence
Civil Procedure Expenses Proof Hearing on Evidence Costs of Notes of Evidence

Case Brief

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Parties

Robert Bain Smith

Pursuer

Hugh Hayes Watson

Defender

Procedural Posture

Civil / Objection to Auditor's Report on Expenses

Legal Issues

  1. 1 Whether the cost of obtaining the Lord Ordinary's notes of evidence can be charged against the opponent as part of expenses

Ratio Decidendi

The allowance of expenses for notes of evidence is a matter of circumstances; in this case, the charge should be allowed as the Auditor originally opined. In future, litigants must intimate their intention to charge such costs and obtain leave.

Court Disposition

objection sustained

Orders

  • Auditor's disallowance of the charge for notes of evidence reversed; charge allowed