Paterson v. M'Vitie & Price, Ltd [1922] ScotLR 16 (28 October 1922)

The Act of Sederunt establishes a general rule limiting expenses to one-half in cases where damages awarded are less than £50, unless exceptional circumstances justify a certificate for more. No such circumstances existed here; thus, only half expenses were allowed.

Citation: [1922] ScotLR 16
Parties: Pursuer: Mrs Elizabeth Johnston or Paterson; Defender: M'Vitie & Price, Limited
Jurisdiction: Scotland
Judgment Date: 28 October 1922
Procedural Posture: Action of Damages (road Collision) / Post Jury Verdict, Motion on Expenses
Outcome: Defenders' motion refused; pursuer's expenses modified to one-half of taxed amount.
Legal Topics: Expenses, Jury Trial, Damages, Modification of Expenses, Act of Sederunt

Civil Procedure Tort Expenses Jury Trial Damages Modification of Expenses Act of Sederunt

Case Brief

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Parties

Mrs Elizabeth Johnston or Paterson

Pursuer

M'Vitie & Price, Limited

Defender

Procedural Posture

Action of Damages (road Collision) / Post Jury Verdict, Motion on Expenses

Legal Issues

1 Whether the pursuer's expenses should be modified to the Sheriff Court scale after a jury verdict for less than £50
2 Whether a certificate should be granted to allow more than one-half of taxed expenses under the Act of Sederunt

Ratio Decidendi

Court Disposition

Defenders' motion refused; pursuer's expenses modified to one-half of taxed amount.

Orders

Refusal of certificate for more than half expenses
Refusal of defenders' motion to modify expenses to Sheriff Court scale