Clements v. The Lord Provost, Magistrates, and Town Council of the City of Edinburgh [1905] ScotLR 42_536_1 (20 May 1905)

Clements v. The Lord Provost, Magistrates, and Town Council of the City of Edinburgh [1905] ScotLR 42_536_1 (20 May 1905)

When a case is settled before trial, fees for skilled witnesses incurred in preparation are recoverable as part of expenses if fair and reasonable, even without a judge's certificate, as the Act of Sederunt applies only to cases proceeding to trial.

Citation
[1905] ScotLR 42_536_1
Parties
Pursuer: James Clements; Defenders: The Lord Provost, Magistrates, and Town Council of the City of Edinburgh
Jurisdiction
Scotland
Judgment Date
20 May 1905
Procedural Posture
Civil / Post Settlement, Taxation of Expenses
Outcome
pursuer's objections sustained
Legal Topics
Expert Witness Fees, Settlement Before Trial, Act of Sederunt 15 July 1876, Taxation of Costs
Civil Procedure Expenses Expert Witness Fees Settlement Before Trial Act of Sederunt 15 July 1876 Taxation of Costs

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Parties

James Clements

Pursuer

The Lord Provost, Magistrates, and Town Council of the City of Edinburgh

Defenders

Procedural Posture

Civil / Post Settlement, Taxation of Expenses

Legal Issues

  1. 1 Are fees for skilled witnesses recoverable as expenses when a case settles before trial without a judge's certificate under the Act of Sederunt 15 July 1876?

Ratio Decidendi

When a case is settled before trial, fees for skilled witnesses incurred in preparation are recoverable as part of expenses if fair and reasonable, even without a judge's certificate, as the Act of Sederunt applies only to cases proceeding to trial.

Court Disposition

pursuer's objections sustained

Orders

  • Fees for skilled witnesses allowed as part of expenses
  • Auditor's report modified accordingly