Williamson v. Alexander Macpherson & Co. [1904] ScotLR 42_182 (08 December 1904)

The Court cannot determine the question of modification of expenses after an appeal has been taken to the House of Lords; interim execution is only competent for sums already found due.

Citation: [1904] ScotLR 42_182
Parties: Pursuer: John Williamson; Defender: Alexander Macpherson & Company
Jurisdiction: Scotland
Judgment Date: 08 December 1904
Procedural Posture: Civil Appeal / Petition for Interim Execution Pending Appeal to House of Lords
Outcome: petition granted in part, refused in part
Legal Topics: Interim Execution, Expenses, Modification of Expenses, Appeal Procedure

Civil Procedure Contract Law Interim Execution Expenses Modification of Expenses Appeal Procedure

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 4 Party arguments 2 Amounts and remedies 2

Parties

John Williamson

Pursuer

Alexander Macpherson & Company

Defender

Procedural Posture

Civil Appeal / Petition for Interim Execution Pending Appeal to House of Lords

Legal Issues

1 Whether the Court can grant interim execution for taxed expenses when the question of modification has not been dealt with prior to appeal
2 Whether the Lord Ordinary can deal with modification of expenses after an appeal to the House of Lords has been lodged

Ratio Decidendi

The Court cannot determine the question of modification of expenses after an appeal has been taken to the House of Lords; interim execution is only competent for sums already found due.

Court Disposition

petition granted in part, refused in part

Orders

Interim execution granted for sums found due to the petitioner
Prayer for interim execution regarding taxed expenses and modification refused