Young and Others v. Burgh of Darvel [1923] ScotLR 485 (25 May 1923)

Young and Others v. Burgh of Darvel [1923] ScotLR 485 (25 May 1923)

A motion for joint and several liability for expenses must be made when the motion for expenses is first presented; it is procedurally too late to request explicit joint and several liability at the stage of approval of the Auditor's report.

Citation
[1923] ScotLR 485
Parties
Pursuer: Thomas Young and other licence-holders; Defender: Provost, Magistrates, and Council of Darvel
Jurisdiction
Scotland
Judgment Date
25 May 1923
Procedural Posture
Motion for Joint and Several Decree on Expenses / Approval of Auditor's Report
Outcome
motion refused
Legal Topics
Expenses, Joint and Several Liability, Procedural Timing
Civil Procedure Expenses Joint and Several Liability Procedural Timing

Case Brief

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Parties

Thomas Young and other licence-holders

Pursuer

Provost, Magistrates, and Council of Darvel

Defender

Procedural Posture

Motion for Joint and Several Decree on Expenses / Approval of Auditor's Report

Legal Issues

  1. 1 Whether a motion for joint and several liability for expenses can be made at the stage of approval of the Auditor's report rather than at the initial motion for expenses

Ratio Decidendi

A motion for joint and several liability for expenses must be made when the motion for expenses is first presented; it is procedurally too late to request explicit joint and several liability at the stage of approval of the Auditor's report.

Court Disposition

motion refused

Orders

  • decree for expenses to conform to original finding; no explicit joint and several liability inserted