M'Crae v. Bryson and Another [1923] ScotLR 601 (14 July 1923)

M'Crae v. Bryson and Another [1923] ScotLR 601 (14 July 1923)

The Court held that Bryson's denial of the collision and his defensive posture made it reasonable for the pursuer to convene both defenders, and that Bryson was liable for the expenses of both the pursuer and Callaghan, as his conduct was the cause of Callaghan being brought into the case and incurring expenses.

Citation
[1923] ScotLR 601
Parties
Pursuer: Mrs Susan Bradley or M'Crae; Defender and Reclaimer: Thomas Bryson; Defender: Joseph Callaghan
Jurisdiction
Scotland
Judgment Date
14 July 1923
Procedural Posture
Civil Damages (wrongful Death) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; Lord Ordinary's interlocutor affirmed
Legal Topics
Expenses (costs) Liability, Joint and Several Liability, Wrongful Death, Negligence, Apportionment of Costs Between Defenders
Civil Procedure Tort Law Expenses (costs) Liability Joint and Several Liability Wrongful Death Negligence Apportionment of Costs Between Defenders

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 15 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Mrs Susan Bradley or M'Crae

Pursuer

Thomas Bryson

Defender and Reclaimer

Joseph Callaghan

Defender

Procedural Posture

Civil Damages (wrongful Death) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the unsuccessful defender (Bryson) is liable for the expenses of the successful defender (Callaghan) as well as the pursuer
  2. 2 Whether Bryson's denial of the collision or his conduct justified the pursuer in convening both defenders and entitled Callaghan to expenses from Bryson

Ratio Decidendi

The Court held that Bryson's denial of the collision and his defensive posture made it reasonable for the pursuer to convene both defenders, and that Bryson was liable for the expenses of both the pursuer and Callaghan, as his conduct was the cause of Callaghan being brought into the case and incurring expenses.

Court Disposition

appeal dismissed; Lord Ordinary's interlocutor affirmed

Orders

  • Defender Bryson found liable in expenses to both the pursuer and defender Callaghan