Mill and Others v. Lady Dundas [1920] ScotLR 178 (15 January 1920)

Mill and Others v. Lady Dundas [1920] ScotLR 178 (15 January 1920)

The Act of Sederunt, 15th July 1876, V, 3 (2), does not apply in circumstances where the case is not fully tried and a tender is accepted during trial; therefore, no certificates for skilled witnesses should be granted.

Citation
[1920] ScotLR 178
Parties
Pursuer: George Haldane Mill and Others; Defender: Lady Dundas
Jurisdiction
Scotland
Judgment Date
15 January 1920
Procedural Posture
Action of Damages for Personal Injuries and Death / Motion to Apply Verdict After Acceptance of Tender During Trial
Outcome
motion for certificates for skilled witnesses refused
Legal Topics
Expenses, Certification of Skilled Witnesses, Jury Trial, Acceptance of Tender
Civil Procedure Personal Injury Expenses Certification of Skilled Witnesses Jury Trial Acceptance of Tender

Case Brief

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Parties

George Haldane Mill and Others

Pursuer

Lady Dundas

Defender

Procedural Posture

Action of Damages for Personal Injuries and Death / Motion to Apply Verdict After Acceptance of Tender During Trial

Legal Issues

  1. 1 Whether certificates for skilled witnesses should be granted under Act of Sederunt, 15th July 1876, V, 3 (2), after acceptance of tender during trial

Ratio Decidendi

The Act of Sederunt, 15th July 1876, V, 3 (2), does not apply in circumstances where the case is not fully tried and a tender is accepted during trial; therefore, no certificates for skilled witnesses should be granted.

Court Disposition

motion for certificates for skilled witnesses refused

Orders

  • No certificates for skilled witnesses granted to either party