Henderson v Foxworth Investments Ltd & Anor [2011] ScotCS CSOH_104 (17 June 2011)

Henderson v Foxworth Investments Ltd & Anor [2011] ScotCS CSOH_104 (17 June 2011)

The defenders are entitled to expenses as the successful parties, but enforcement of the expenses order is stayed pending further order of the court due to the existence of an unsatisfied expenses order in favour of the pursuer in a related action; no additional fee is justified as the case did not meet the criteria under Rule 42.14(3).

Citation
[2011] ScotCS CSOH_104
Parties
Pursuer: Matthew Purdon Henderson; First Defender: Foxworth Investments Limited; Second Defender: 3052775 Nova Scotia Ltd
Jurisdiction
Scotland
Judgment Date
17 June 2011
Procedural Posture
Civil Commercial Action / Post Judgment Motion on Expenses and Additional Fee
Outcome
Defenders' motion for expenses granted; motion for additional fee refused; enforcement of expenses order stayed pending further court order.
Legal Topics
Expenses, Costs, Additional Fee, Enforcement of Costs Orders, Set Off, Discretion of Court
Civil Procedure Commercial Law Expenses Costs Additional Fee Enforcement of Costs Orders Set Off Discretion of Court

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Parties

Matthew Purdon Henderson

Pursuer

Foxworth Investments Limited

First Defender

3052775 Nova Scotia Ltd

Second Defender

Procedural Posture

Civil Commercial Action / Post Judgment Motion on Expenses and Additional Fee

Legal Issues

  1. 1 Whether an additional fee should be awarded under Rule 42.14(3)
  2. 2 Whether the defenders are entitled to expenses and if enforcement should be stayed

Ratio Decidendi

The defenders are entitled to expenses as the successful parties, but enforcement of the expenses order is stayed pending further order of the court due to the existence of an unsatisfied expenses order in favour of the pursuer in a related action; no additional fee is justified as the case did not meet the criteria under Rule 42.14(3).

Court Disposition

Defenders' motion for expenses granted; motion for additional fee refused; enforcement of expenses order stayed pending further court order.

Orders

  • Grant defenders' motion for expenses.
  • Remit account of expenses to taxation.