Boyle and Others v. Olsen and Others [1912] ScotLR 67 (15 November 1912)

Boyle and Others v. Olsen and Others [1912] ScotLR 67 (15 November 1912)

Where an order for proof has been pronounced, the pursuer is entitled to recover expenses necessarily and properly incurred in preparation for proof, even if a tender is accepted before the interlocutor is signed and proof is not ultimately led.

Citation
[1912] ScotLR 67
Parties
Pursuer: J. S. Boyle; Pursuer: The Lindsey Steam Fishing Company, Limited; Defender: Fred. Olsen; Defender: Actieselskabet Bonheur
Jurisdiction
Scotland
Judgment Date
15 November 1912
Procedural Posture
Civil (salvage Action) / Appeal (reclaiming Motion) From Lord Ordinary's Decision on Expenses
Outcome
Lord Ordinary's interlocutor recalled; Auditor's report restored; defenders found liable for pursuers' taxed expenses.
Legal Topics
Expenses of Process, Preparations for Proof, Acceptance of Tender, Act of Sederunt 15th July 1876
Civil Procedure Maritime Law Expenses of Process Preparations for Proof Acceptance of Tender Act of Sederunt 15th July 1876

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Parties

J. S. Boyle

Pursuer

The Lindsey Steam Fishing Company, Limited

Pursuer

Fred. Olsen

Defender

Actieselskabet Bonheur

Defender

Procedural Posture

Civil (salvage Action) / Appeal (reclaiming Motion) From Lord Ordinary's Decision on Expenses

Legal Issues

  1. 1 Whether pursuers are entitled to expenses incurred in preparation for proof where a tender is accepted after an order for proof is pronounced but before it is signed.

Ratio Decidendi

Where an order for proof has been pronounced, the pursuer is entitled to recover expenses necessarily and properly incurred in preparation for proof, even if a tender is accepted before the interlocutor is signed and proof is not ultimately led.

Court Disposition

Lord Ordinary's interlocutor recalled; Auditor's report restored; defenders found liable for pursuers' taxed expenses.

Orders

  • Recall Lord Dewar's interlocutor disallowing expenses.
  • Repel defenders' objections to Auditor's reports.