Sneddon v. Baton Collieries, Ltd [1921] ScotLR 147 (03 December 1921)

Sneddon v. Baton Collieries, Ltd [1921] ScotLR 147 (03 December 1921)

When parties abandon proof by joint consent and substitute a remit to experts, fees for preparation for proof are not allowable as expenses under the Table of Fees, as the certification requirement and allowance only apply where proof proceeds.

Citation
[1921] ScotLR 147
Parties
Pursuer: Robert Sneddon; Defenders: Baton Collieries, Limited
Jurisdiction
Scotland
Judgment Date
03 December 1921
Procedural Posture
Civil / Appeal (reclaiming Note) Against Interlocutor on Expenses
Outcome
objection dismissed; auditor's report approved; fee disallowed
Legal Topics
Expenses, Taxation of Costs, Expert Witness Fees
Civil Procedure Expenses Taxation of Costs Expert Witness Fees

Case Brief

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Parties

Robert Sneddon

Pursuer

Baton Collieries, Limited

Defenders

Procedural Posture

Civil / Appeal (reclaiming Note) Against Interlocutor on Expenses

Legal Issues

  1. 1 Whether a fee to accountants for preparation for proof is allowable as an expense when proof is abandoned by joint consent and a remit to experts is substituted.

Ratio Decidendi

When parties abandon proof by joint consent and substitute a remit to experts, fees for preparation for proof are not allowable as expenses under the Table of Fees, as the certification requirement and allowance only apply where proof proceeds.

Court Disposition

objection dismissed; auditor's report approved; fee disallowed

Orders

  • Fee to accountants for preparation for proof disallowed as an expense.
  • Auditor's report on taxation of expenses approved.