Linder v. Linder [1902] ScotLR 39_335 (25 January 1902)

Linder v. Linder [1902] ScotLR 39_335 (25 January 1902)

The Court has jurisdiction to award interim expenses to a party, even where its jurisdiction over the merits is disputed, as the power to award expenses is distinct and necessary to enable the parties to litigate the jurisdictional question.

Citation
[1902] ScotLR 39_335
Parties
Pursuer/respondent: Mrs Margaret Bonthron or Linder; Defender/reclaimer: Alfred Linder
Jurisdiction
Scotland
Judgment Date
25 January 1902
Procedural Posture
Separation and Aliment / Reclaiming Note (appeal) Against Interlocutor Awarding Interim Expenses
Outcome
Reclaiming-note refused; interlocutor adhered to.
Legal Topics
Jurisdiction, Interim Expenses, Separation and Aliment, Costs
Family Law Civil Procedure Jurisdiction Interim Expenses Separation and Aliment Costs

Case Brief

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Parties

Mrs Margaret Bonthron or Linder

Pursuer/respondent

Alfred Linder

Defender/reclaimer

Procedural Posture

Separation and Aliment / Reclaiming Note (appeal) Against Interlocutor Awarding Interim Expenses

Legal Issues

  1. 1 Whether the Court has jurisdiction to award interim expenses when its jurisdiction over the merits is challenged
  2. 2 Whether an interim award of expenses can be made to enable a party to discuss a reclaiming-note

Ratio Decidendi

The Court has jurisdiction to award interim expenses to a party, even where its jurisdiction over the merits is disputed, as the power to award expenses is distinct and necessary to enable the parties to litigate the jurisdictional question.

Court Disposition

Reclaiming-note refused; interlocutor adhered to.

Orders

  • Defender found liable to the pursuer in the expenses of the reclaiming-note.
  • Further interim award of £10 to the pursuer to enable her to discuss the reclaiming-note.