Fowler v. Brown [1916] ScotLR 416 (07 March 1916)

Fowler v. Brown [1916] ScotLR 416 (07 March 1916)

The plea of compensation is competent in a suspension of a charge for expenses, notwithstanding that it was not pleaded before decree for expenses was pronounced, as established by authority and practice, and the Act of 1592 does not preclude this in the circumstances of the case.

Source-derived case information.

Citation
[1916] ScotLR 416
Parties
Complainer: Miss Mary Fowler; Respondent: James Campbell Brown
Jurisdiction
Scotland
Judgment Date
07 March 1916
Procedural Posture
Note of Suspension and Interdict / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Outcome
Appeal dismissed; decision of Lord Ordinary affirmed.
Legal Topics
Compensation (set Off), Expenses (costs), Suspension of Charge, Statutory Interpretation
Civil Procedure Debt Recovery Compensation (set Off) Expenses (costs) Suspension of Charge Statutory Interpretation

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Parties

Miss Mary Fowler

Complainer

James Campbell Brown

Respondent

Procedural Posture

Note of Suspension and Interdict / Appeal (reclaiming Motion) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Whether compensation (set-off) can be pleaded in a suspension of a charge for expenses when not pleaded before decree for expenses was pronounced.
  2. 2 Whether the Act of 1592, cap. 143, bars compensation after decree in such circumstances.

Ratio Decidendi

The plea of compensation is competent in a suspension of a charge for expenses, notwithstanding that it was not pleaded before decree for expenses was pronounced, as established by authority and practice, and the Act of 1592 does not preclude this in the circumstances of the case.

Court Disposition

Appeal dismissed; decision of Lord Ordinary affirmed.

Orders

  • Charge for payment of expenses suspended.
  • Court adhered to Lord Ordinary's interlocutor.