Laird Line, Ltd (Owners of S.S. "Rowan") v. United States Shipping Board (Owners of S.S. "West Camak") [1924] ScotLR 694 (12 July 1924)

Only the expenses of bringing two witnesses (the captain and Brennen) from San Francisco were reasonably necessary and recoverable; for the other four witnesses, only the cost equivalent to examination on commission should be allowed.

Citation: [1924] ScotLR 694
Parties: Pursuer: Laird Line, Limited (Owners of S. S. 'Rowan'); Defender: United States Shipping Board (Owners of S. S. 'West Camak')
Jurisdiction: Scotland
Judgment Date: 12 July 1924
Procedural Posture: Civil / Post Appeal, Taxation of Expenses
Outcome: partly allowed, partly remitted
Legal Topics: Expenses, Taxation of Costs, Witnesses, Allowances for Witnesses, Evidence Procedure

Civil Procedure Maritime Law Expenses Taxation of Costs Witnesses Allowances for Witnesses Evidence Procedure

Case Brief

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Parties

Laird Line, Limited (Owners of S. S. 'Rowan')

Pursuer

United States Shipping Board (Owners of S. S. 'West Camak')

Defender

Procedural Posture

Civil / Post Appeal, Taxation of Expenses

Legal Issues

1 Whether the expenses of bringing six witnesses from San Francisco to Scotland were recoverable from the unsuccessful party or should have been limited to the cost of examination on commission.

Ratio Decidendi

Court Disposition

partly allowed, partly remitted

Orders

Allowances for Captain Curtis and Brennen approved as claimed.
Remit to Auditor to determine reasonable allowance for other four witnesses on the basis of examination on commission.