ROY AND DEBORAH HAWES v. LOUIS AND JENNIFER THOMAS [2012] ScotSC 7 (16 January 2012)

The court's inherent power to award expenses for the caveat hearing is not dependent on the warrant to cite and is not restricted by the year and a day rule; thus, the defenders' motion for expenses is competent and expenses should follow success.

Citation: [2012] ScotSC 7
Parties: Pursuers: Roy and Deborah Hawes; Defenders: Louis and Jennifer Thomas
Jurisdiction: Scotland
Judgment Date: 16 January 2012
Procedural Posture: Civil / Motion Hearing
Outcome: motion for dismissal refused as unnecessary; motion for expenses granted
Legal Topics: Expenses, Interim Interdict, Servitude Right of Access, Competency of Motions

Civil Procedure Expenses Interim Interdict Servitude Right of Access Competency of Motions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Roy and Deborah Hawes

Pursuers

Louis and Jennifer Thomas

Defenders

Procedural Posture

Civil / Motion Hearing

Legal Issues

1 Is the defenders' motion for expenses competent after a year and a day since the warrant to cite was granted without service?
2 Should expenses be awarded to the defenders for the caveat hearing and this motion?

Ratio Decidendi

Court Disposition

motion for dismissal refused as unnecessary; motion for expenses granted

Orders

Pursuers liable to defenders in expenses of the caveat hearing on 2 September 2010 and this motion, as taxed
Account of expenses to be given in and remitted to auditor of court to tax and report