Bradley v. Menley & James, Ltd [1913] ScotLR 765 (29 May 1913)

Bradley v. Menley & James, Ltd [1913] ScotLR 765 (29 May 1913)

Defenders are not entitled to expenses prior to the date of tender as the jury found for the pursuer, albeit for nominal damages, and no certificate was granted under Section 40 of the Court of Session (Scotland) Act 1868. Expenses are only awarded to defenders from the date of tender onward.

Citation
[1913] ScotLR 765
Parties
Pursuer: Orlando Charnock Bradley; Defender: Menley & James, Ltd.
Jurisdiction
Scotland
Judgment Date
29 May 1913
Procedural Posture
Action of Damages for Slander / Post Jury Verdict, Motion for Expenses
Outcome
verdict applied; damages awarded; expenses allocated
Legal Topics
Slander, Nominal Damages, Expenses, Tender, Jury Trial
Tort Defamation Civil Procedure Slander Nominal Damages Expenses Tender Jury Trial

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Parties

Orlando Charnock Bradley

Pursuer

Menley & James, Ltd.

Defender

Procedural Posture

Action of Damages for Slander / Post Jury Verdict, Motion for Expenses

Legal Issues

  1. 1 Whether defenders are entitled to expenses prior to the date of tender when nominal damages are awarded
  2. 2 Application of Section 40 of the Court of Session (Scotland) Act 1868 regarding expenses in actions for damages with verdicts under £5

Ratio Decidendi

Defenders are not entitled to expenses prior to the date of tender as the jury found for the pursuer, albeit for nominal damages, and no certificate was granted under Section 40 of the Court of Session (Scotland) Act 1868. Expenses are only awarded to defenders from the date of tender onward.

Court Disposition

verdict applied; damages awarded; expenses allocated

Orders

  • Decerned against defenders for one shilling and sixpence, being the cumulo amount of damages assessed by the jury.
  • Neither party entitled to expenses up to the date of tender.