Dawson v. Giffen [1915] ScotLR 48 (02 November 1915)

Dawson v. Giffen [1915] ScotLR 48 (02 November 1915)

The Court held that, following established precedent, the granting of a certificate under section 40 of the Court of Session Act 1868 entitles the pursuer to expenses, and there was no justification to depart from this rule in the present case.

Citation
[1915] ScotLR 48
Parties
Pursuer (counter Action), Defender (original Action): Michael D. Dawson; Pursuer (original Action), Defender (counter Action): Mrs Rose O'Neill or Giffen
Jurisdiction
Scotland
Judgment Date
02 November 1915
Procedural Posture
Civil (defamation, Slander, Damages) / Post Trial Motion for Expenses After Jury Verdict and Certificate Under Court of Session Act 1868, Section 40
Outcome
expenses awarded to Dawson in the counter action
Legal Topics
Expenses, Jury Trial, Certificate of Presiding Judge, Vindication of Character, Publication of Slander, Court of Session Act 1868 Section 40
Civil Procedure Defamation Expenses Jury Trial Certificate of Presiding Judge Vindication of Character Publication of Slander Court of Session Act 1868 Section 40

Case Brief

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Parties

Michael D. Dawson

Pursuer (counter Action), Defender (original Action)

Mrs Rose O'Neill or Giffen

Pursuer (original Action), Defender (counter Action)

Procedural Posture

Civil (defamation, Slander, Damages) / Post Trial Motion for Expenses After Jury Verdict and Certificate Under Court of Session Act 1868, Section 40

Legal Issues

  1. 1 Whether the pursuer in a counter action for slander, having been awarded nominal damages and granted a certificate under section 40 of the Court of Session Act 1868, is entitled to expenses.
  2. 2 Whether the granting of a certificate by the presiding judge is determinative of the right to expenses.

Ratio Decidendi

The Court held that, following established precedent, the granting of a certificate under section 40 of the Court of Session Act 1868 entitles the pursuer to expenses, and there was no justification to depart from this rule in the present case.

Court Disposition

expenses awarded to Dawson in the counter action

Orders

  • verdict applied in favour of Dawson in the counter action
  • Dawson found entitled to expenses in the action at his instance