Johnston v. Johnston [1903] ScotLR 40_302 (27 January 1903)

Johnston v. Johnston [1903] ScotLR 40_302 (27 January 1903)

The Court limited the interim award to the sum necessary for the conduct of the case in the Inner House (£20), refusing to make payment a condition-precedent to proceeding with the reclaiming-note, as Outer House expenses are for the Lord Ordinary to determine.

Citation
[1903] ScotLR 40_302
Parties
Pursuer: John Johnston; Defender: Mrs Maggie Wilson or Johnston
Jurisdiction
Scotland
Judgment Date
27 January 1903
Procedural Posture
Divorce Action / Reclaiming Note (appeal) in Inner House
Outcome
Interim award of expenses granted, limited to £20 for Inner House proceedings; payment not made a condition-precedent to appeal.
Legal Topics
Interim Expenses, Husband and Wife, Award of Expenses, Condition Precedent to Appeal
Family Law Civil Procedure Interim Expenses Husband and Wife Award of Expenses Condition Precedent to Appeal

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 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

John Johnston

Pursuer

Mrs Maggie Wilson or Johnston

Defender

Procedural Posture

Divorce Action / Reclaiming Note (appeal) in Inner House

Legal Issues

  1. 1 Whether interim expenses should cover costs incurred in Outer House or only those necessary for Inner House proceedings
  2. 2 Whether payment of interim expenses should be a condition-precedent to hearing the reclaiming-note

Ratio Decidendi

The Court limited the interim award to the sum necessary for the conduct of the case in the Inner House (£20), refusing to make payment a condition-precedent to proceeding with the reclaiming-note, as Outer House expenses are for the Lord Ordinary to determine.

Court Disposition

Interim award of expenses granted, limited to £20 for Inner House proceedings; payment not made a condition-precedent to appeal.

Orders

  • Award of £20 interim expenses to Mrs Johnston for Inner House proceedings
  • No order regarding Outer House expenses at this stage