Macintyre Brothers v. Smith [1912] ScotLR 261 (26 October 1912)

Macintyre Brothers v. Smith [1912] ScotLR 261 (26 October 1912)

A professional arbiter is entitled to remuneration for services rendered in the absence of express agreement to the contrary, based on modern business practice and implied terms; the defender is liable for half the arbiter's fee paid by the pursuer.

Citation
[1912] ScotLR 261
Parties
Pursuer: Macintyre Brothers; Defender: Alexander Smith
Jurisdiction
Scotland
Judgment Date
26 October 1912
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
appeal dismissed; decree adhered
Legal Topics
Remuneration of Arbiters, Implied Terms, Expenses in Arbitration
Arbitration Contract Law Remuneration of Arbiters Implied Terms Expenses in Arbitration

Case Brief

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Parties

Macintyre Brothers

Pursuer

Alexander Smith

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Is a professional arbiter entitled to remuneration absent express stipulation?
  2. 2 Is the defender liable for half the arbiter's fee paid by the pursuer?

Ratio Decidendi

A professional arbiter is entitled to remuneration for services rendered in the absence of express agreement to the contrary, based on modern business practice and implied terms; the defender is liable for half the arbiter's fee paid by the pursuer.

Court Disposition

appeal dismissed; decree adhered

Orders

  • Defender liable to pay pursuer £31, 10s., being half the arbiter's fee
  • Defender liable for expenses