Geddes v. A. & J. M'Lellan [1908] ScotLR 720 (10 June 1908)

Geddes v. A. & J. M'Lellan [1908] ScotLR 720 (10 June 1908)

Section 8 of the Act of Sederunt 1907 applies only to expenses incurred in the Court of Session, not to those in the Sheriff Court; no certificate for increased expenses granted as judge declined to certify; pursuer entitled to one-half of taxed expenses in Court of Session and full expenses in Sheriff Court.

Citation
[1908] ScotLR 720
Parties
Pursuer: Duncan Geddes (as tutor and administrator-in-law of James Geddes); Defender: A. & J. M'Lellan
Jurisdiction
Scotland
Judgment Date
10 June 1908
Procedural Posture
Damages Action (personal Injury) / Post Jury Verdict, Motion for Expenses Modification
Outcome
verdict applied; expenses modified
Legal Topics
Expenses Modification, Jury Trial, Damages, Act of Sederunt 1907 Section 8
Civil Procedure Personal Injury Expenses Modification Jury Trial Damages Act of Sederunt 1907 Section 8

Case Brief

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Parties

Duncan Geddes (as tutor and administrator-in-law of James Geddes)

Pursuer

A. & J. M'Lellan

Defender

Procedural Posture

Damages Action (personal Injury) / Post Jury Verdict, Motion for Expenses Modification

Legal Issues

  1. 1 Whether section 8 of the Act of Sederunt 1907 limits expenses to Court of Session only or includes Sheriff Court
  2. 2 Whether certificate for increased expenses should be granted when damages awarded are less than £50
  3. 3 Proper timing for application for certificate of expenses

Ratio Decidendi

Section 8 of the Act of Sederunt 1907 applies only to expenses incurred in the Court of Session, not to those in the Sheriff Court; no certificate for increased expenses granted as judge declined to certify; pursuer entitled to one-half of taxed expenses in Court of Session and full expenses in Sheriff Court.

Court Disposition

verdict applied; expenses modified

Orders

  • Defenders to pay pursuer £25 damages.
  • Pursuer entitled to full expenses in Sheriff Court.