John Haig & Co., Ltd v. Boswall Preston [1915] ScotLR 298 (21 January 1915)

John Haig & Co., Ltd v. Boswall Preston [1915] ScotLR 298 (21 January 1915)

The statutory requirement is satisfied if the application for certification of skilled witnesses is made within eight days after the final interlocutor; the timing of the judge's decision is not material. The defenders' rights are preserved as long as the application is timely, regardless of when the judge disposes of it.

Citation
[1915] ScotLR 298
Parties
Pursuer: John Haig & Company, Limited; Defender: Gordon Houston Boswall Preston and Alistair Houston Boswall Preston trading as Central Motor Engineering Company
Jurisdiction
Scotland
Judgment Date
21 January 1915
Procedural Posture
Civil Appeal / Post Final Interlocutor, Motion for Certification of Expert Witness Charges
Outcome
remit to Sheriff-Substitute to consider and dispose of the motion for certification of skilled witnesses and sanction of counsel
Legal Topics
Expenses, Expert Witness Fees, Certification of Charges, Act of Sederunt Interpretation
Civil Procedure Expenses Expert Witness Fees Certification of Charges Act of Sederunt Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

John Haig & Company, Limited

Pursuer

Gordon Houston Boswall Preston and Alistair Houston Boswall Preston trading as Central Motor Engineering Company

Defender

Procedural Posture

Civil Appeal / Post Final Interlocutor, Motion for Certification of Expert Witness Charges

Legal Issues

  1. 1 Whether the application for certification of expert witness charges must be disposed of within eight days after the final interlocutor or only lodged within that period
  2. 2 Whether failure of the judge to dispose of the application within eight days prejudices the applicant's rights

Ratio Decidendi

The statutory requirement is satisfied if the application for certification of skilled witnesses is made within eight days after the final interlocutor; the timing of the judge's decision is not material. The defenders' rights are preserved as long as the application is timely, regardless of when the judge disposes of it.

Court Disposition

remit to Sheriff-Substitute to consider and dispose of the motion for certification of skilled witnesses and sanction of counsel

Orders

  • Remit to Sheriff-Substitute Boyd to consider and dispose of, as to him may seem just, the motion for the defenders craving certification of skilled witnesses and also the sanction of the employment of counsel.
  • Direct the said Sheriff-Substitute to append his decision to the said motion.