M'Daid v. Coltness Iron Co., Ltd [1904] ScotLR 42_50 (04 November 1904)

M'Daid v. Coltness Iron Co., Ltd [1904] ScotLR 42_50 (04 November 1904)

The Court held that the smallness of the damages awarded alone does not justify modification of expenses where the pursuer exercised a statutory right to jury trial and there is no evidence of unnecessary or unreasonable expense. The pursuer is entitled to full expenses as taxed.

Citation
[1904] ScotLR 42_50
Parties
Pursuer/appellant: Patrick M'Daid; Defender/respondent: Coltness Iron Company, Limited
Jurisdiction
Scotland
Judgment Date
04 November 1904
Procedural Posture
Damages for Personal Injuries / Appeal From Sheriff Court to Court of Session, Jury Trial
Outcome
Appeal allowed; verdict applied; decree for amount of award with expenses to pursuer.
Legal Topics
Expenses Modification, Personal Injury, Jury Trial, Statutory Appeal, Employers' Liability
Civil Procedure Tort Law Employment Law Expenses Modification Personal Injury Jury Trial Statutory Appeal Employers' Liability

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 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Patrick M'Daid

Pursuer/appellant

Coltness Iron Company, Limited

Defender/respondent

Procedural Posture

Damages for Personal Injuries / Appeal From Sheriff Court to Court of Session, Jury Trial

Legal Issues

  1. 1 Whether the expenses awarded to the successful pursuer should be modified due to the smallness of the damages awarded by the jury
  2. 2 Whether the pursuer's choice to appeal for jury trial incurred unnecessary or unreasonable expense

Ratio Decidendi

The Court held that the smallness of the damages awarded alone does not justify modification of expenses where the pursuer exercised a statutory right to jury trial and there is no evidence of unnecessary or unreasonable expense. The pursuer is entitled to full expenses as taxed.

Court Disposition

Appeal allowed; verdict applied; decree for amount of award with expenses to pursuer.

Orders

  • Verdict for pursuer applied
  • Decree for £25 damages with expenses as taxed in favour of pursuer