Taylor v. Glasgow Corporation and Another [1919] ScotLR 458 (06 June 1919)

When a pursuer reclaims against a defender who has been assoilzied at first instance, the pursuer is liable for that defender's expenses in the Inner House. The unsuccessful defender remains liable for the pursuer's expenses.

Citation: [1919] ScotLR 458
Parties: Pursuer: Donald Taylor; Defender: Corporation of the City of Glasgow; Defender: Scottish Farmers' Dairy Company (Glasgow), Limited
Jurisdiction: Scotland
Judgment Date: 06 June 1919
Procedural Posture: Civil Damages Action / Appeal (reclaiming Motion) in Inner House
Outcome: Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics: Expenses, Costs Liability, Joint and Several Liability, Personal Injury, Apportionment of Costs

Civil Procedure Tort Expenses Costs Liability Joint and Several Liability Personal Injury Apportionment of Costs

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Parties

Donald Taylor

Pursuer

Corporation of the City of Glasgow

Defender

Scottish Farmers' Dairy Company (Glasgow), Limited

Defender

Procedural Posture

Civil Damages Action / Appeal (reclaiming Motion) in Inner House

Legal Issues

1 Who is liable for expenses in an action with multiple defenders where one is assoilzied and the other found liable?
2 Is the pursuer liable for the Inner House expenses of the successful defender when the pursuer reclaims?

Ratio Decidendi

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

Scottish Farmers' Dairy Company found liable in expenses to the pursuer.
Corporation of the City of Glasgow found entitled to their expenses in the Inner House against the pursuer.