Picken v. Caledonian Railway Co. [1901] ScotLR 39_31 (26 October 1901)

The husband took an active and leading part in the proceedings, supporting an unfounded claim, and should be held jointly and severally liable for expenses with his wife.

Citation: [1901] ScotLR 39_31
Parties: Pursuer: Mrs Catherine Simpson or Picken; Pursuer's Husband: Thomas Picken; Defender: Caledonian Railway Company
Jurisdiction: Scotland
Judgment Date: 26 October 1901
Procedural Posture: Personal Injury Damages / Post Trial Judgment
Outcome: verdict for defenders
Legal Topics: Liability for Expenses, Husband and Wife, Active Participation in Litigation

Civil Procedure Family Law Personal Injury Liability for Expenses Husband and Wife Active Participation in Litigation

Case Brief

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Parties

Mrs Catherine Simpson or Picken

Pursuer

Thomas Picken

Pursuer's Husband

Caledonian Railway Company

Defender

Procedural Posture

Personal Injury Damages / Post Trial Judgment

Legal Issues

1 Whether a husband is liable for expenses in an action raised by his wife with his consent and concurrence
2 Whether active participation by the husband renders him jointly and severally liable for expenses

Ratio Decidendi

The husband took an active and leading part in the proceedings, supporting an unfounded claim, and should be held jointly and severally liable for expenses with his wife.

Court Disposition

verdict for defenders

Orders

Pursuer and her husband found jointly and severally liable to the defenders in expenses