Speins v. Caledonian Railway Co. [1920] ScotLR 573 (09 July 1920)

Speins v. Caledonian Railway Co. [1920] ScotLR 573 (09 July 1920)

Expenses of commission not chargeable against unsuccessful defenders as commission was executed without reasonable necessity.

Citation
[1920] ScotLR 573
Parties
Pursuer: Mrs Margaret Speirs; Defenders: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
09 July 1920
Procedural Posture
Damages for Personal Injuries / Post Trial Expenses Objection
Outcome
Objection sustained; expenses of commission disallowed.
Legal Topics
Expenses, Taxation, Commission to Examine Witness
Civil Procedure Personal Injury Expenses Taxation Commission to Examine Witness

Case Brief

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Parties

Mrs Margaret Speirs

Pursuer

Caledonian Railway Company

Defenders

Procedural Posture

Damages for Personal Injuries / Post Trial Expenses Objection

Legal Issues

  1. 1 Whether expenses of commission to examine witness are chargeable against unsuccessful defenders

Ratio Decidendi

Expenses of commission not chargeable against unsuccessful defenders as commission was executed without reasonable necessity.

Court Disposition

Objection sustained; expenses of commission disallowed.

Orders

  • Expenses of commission to examine witness not chargeable against defenders.