Hulbert v. Do [1920] ScotLR 612 (26 June 1920)

Hulbert v. Do [1920] ScotLR 612 (26 June 1920)

Fees to senior counsel for adjustment of issues disallowed in simple actions; pursuers entitled to full expenses up to lodging of minute of agreement and for attendance when verdicts applied.

Citation
[1920] ScotLR 612
Parties
Pursuer: Arthur George Hulbert; Defender: Scottish Motor Traction Company, Limited
Jurisdiction
Scotland
Judgment Date
26 June 1920
Procedural Posture
Damages for Personal Injuries / Post Verdict, Expenses Taxation, Objections to Auditor's Report
Outcome
Notes of objection repelled regarding disallowance of fees to senior counsel; objections sustained in Binnie and Hulbert cases regarding expenses up to minute of agreement and attendance applying verdicts.
Legal Topics
Taxation of Expenses, Jury Trial, Adjustment of Issues, Fees to Senior Counsel
Civil Procedure Personal Injury Expenses Taxation of Expenses Jury Trial Adjustment of Issues Fees to Senior Counsel

Case Brief

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Parties

Arthur George Hulbert

Pursuer

Scottish Motor Traction Company, Limited

Defender

Procedural Posture

Damages for Personal Injuries / Post Verdict, Expenses Taxation, Objections to Auditor's Report

Legal Issues

  1. 1 Whether pursuers are entitled to full expenses up to lodging of minute of agreement and for attendance when verdicts applied
  2. 2 Whether fees to senior counsel for adjustment of issues should be allowed in simple actions

Ratio Decidendi

Fees to senior counsel for adjustment of issues disallowed in simple actions; pursuers entitled to full expenses up to lodging of minute of agreement and for attendance when verdicts applied.

Court Disposition

Notes of objection repelled regarding disallowance of fees to senior counsel; objections sustained in Binnie and Hulbert cases regarding expenses up to minute of agreement and attendance applying verdicts.

Orders

  • Pursuers entitled to full expenses up to lodging of minute of agreement and for attendance in Single Bills when verdicts applied.
  • Fees to senior counsel for adjustment of issues disallowed.