Slorach v. William Kerr & Co. [1921] ScotLR 293 (06 January 1921)

Slorach v. William Kerr & Co. [1921] ScotLR 293 (06 January 1921)

Expenses for both actions are allowed in this case, but the practice is discouraged and may be penalised if it becomes general.

Citation
[1921] ScotLR 293
Parties
Pursuer: Mrs Frances Mary George or Slorach; Pursuer: Charles Slorach and others; Defender: William Kerr & Company
Jurisdiction
Scotland
Judgment Date
06 January 1921
Procedural Posture
Civil / Post Trial Motion for Expenses
Outcome
expenses for both actions allowed; rules discharged; verdicts applied; decerned against defenders for payment to pursuers
Legal Topics
Expenses, Negligence, Multiple Actions for Same Negligent Act

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Parties

Mrs Frances Mary George or Slorach

Pursuer

Charles Slorach and others

Pursuer

William Kerr & Company

Defender

Procedural Posture

Civil / Post Trial Motion for Expenses

  1. 1 Whether expenses for two separate actions arising from the same negligent act leading to death should be allowed against the unsuccessful defender

Ratio Decidendi

Expenses for both actions are allowed in this case, but the practice is discouraged and may be penalised if it becomes general.

Court Disposition

expenses for both actions allowed; rules discharged; verdicts applied; decerned against defenders for payment to pursuers

Orders

  • Defenders to pay sums found due to each pursuer
  • Defenders to pay expenses to pursuers