Bookless Brothers v. Gudmundsson [1921] ScotLR 417 (19 March 1921)

No sufficient reason was shown to depart from the ordinary rule; defender is entitled to expenses as pursuer abandoned action after defences were lodged.

Citation: [1921] ScotLR 417
Parties: Pursuer: Bookless Brothers; Defender: Andreas Gudmundsson
Jurisdiction: Scotland
Judgment Date: 19 March 1921
Procedural Posture: Civil / Appeal/reclaiming Motion
Outcome: interlocutor of Lord Ordinary recalled; action dismissed anew; defender entitled to expenses
Legal Topics: Expenses, Abandonment of Action, Bill of Lading, Shipping Law

Civil Procedure Expenses Abandonment of Action Bill of Lading Shipping Law

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 3

Parties

Bookless Brothers

Pursuer

Andreas Gudmundsson

Defender

Procedural Posture

Civil / Appeal/reclaiming Motion

Legal Issues

1 Whether the defender is entitled to expenses when the pursuer abandons the action after defences are lodged
2 Whether the Lord Ordinary exercised discretion correctly in not awarding expenses

Ratio Decidendi

No sufficient reason was shown to depart from the ordinary rule; defender is entitled to expenses as pursuer abandoned action after defences were lodged.

Court Disposition

interlocutor of Lord Ordinary recalled; action dismissed anew; defender entitled to expenses

Orders

Defender entitled to expenses against pursuers in Outer House and Inner House
Remit account to Auditor to tax and report