Shaw & Shaw and Others v. J. & T. Boyd, Ltd [1907] ScotLR 460 (07 March 1907)

Shaw & Shaw and Others v. J. & T. Boyd, Ltd [1907] ScotLR 460 (07 March 1907)

The Auditor is entitled to exercise discretion in taxation of expenses, including fees to counsel and witnesses, and unless his decision is clearly wrong, the Court will not interfere.

Source-derived case information.

Citation
[1907] ScotLR 460
Parties
Pursuers: Shaw & Shaw and Others; Defenders: J. & T. Boyd, Limited
Jurisdiction
Scotland
Judgment Date
07 March 1907
Procedural Posture
Expenses Taxation Objection / Note of Objections to Auditor's Report
Outcome
objection repelled
Legal Topics
Taxation of Expenses, Fees to Counsel, Fees to Witnesses, Breach of Contract
Civil Procedure Contract Law Taxation of Expenses Fees to Counsel Fees to Witnesses Breach of Contract

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Shaw & Shaw and Others

Pursuers

J. & T. Boyd, Limited

Defenders

Procedural Posture

Expenses Taxation Objection / Note of Objections to Auditor's Report

Legal Issues

  1. 1 Whether the Auditor was correct in disallowing the expense of a third copy of correspondence for agent's use
  2. 2 Whether the reductions in counsel fees for proof and consultation were justified
  3. 3 Whether the reductions in fees paid to skilled witnesses were appropriate

Ratio Decidendi

The Auditor is entitled to exercise discretion in taxation of expenses, including fees to counsel and witnesses, and unless his decision is clearly wrong, the Court will not interfere.

Court Disposition

objection repelled

Orders

  • Auditor's report approved
  • Court decerned