M'Laughlin v. Wemtss Coal Co., Ltd [1911] ScotLR 202 (15 December 1911)

M'Laughlin v. Wemtss Coal Co., Ltd [1911] ScotLR 202 (15 December 1911)

Expenses for preparation and adjustment of stated case are recoverable as part of appeal, but expenses for framing condescendence, necessitated by appellant's deficient initial writ, are not recoverable from respondents.

Citation
[1911] ScotLR 202
Parties
Appellant: Thomas M'Laughlin; Respondent: Wemyss Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
15 December 1911
Procedural Posture
Appeal / Post Appeal Expenses Objections
Outcome
Objections sustained in part for both appellant and respondents.
Legal Topics
Workmen's Compensation, Expenses of Appeal, Stated Case, Construing Interlocutors
Labour Law Compensation Law Civil Procedure Workmen's Compensation Expenses of Appeal Stated Case Construing Interlocutors

Case Brief

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Parties

Thomas M'Laughlin

Appellant

Wemyss Coal Company, Limited

Respondent

Procedural Posture

Appeal / Post Appeal Expenses Objections

Legal Issues

  1. 1 Whether expenses for preparation and adjustment of stated case are recoverable as expenses of appeal
  2. 2 Whether expenses for framing condescendence should be charged to respondents

Ratio Decidendi

Expenses for preparation and adjustment of stated case are recoverable as part of appeal, but expenses for framing condescendence, necessitated by appellant's deficient initial writ, are not recoverable from respondents.

Court Disposition

Objections sustained in part for both appellant and respondents.

Orders

  • Allow three pounds three shillings of sum taxed off by Auditor for appellant's objections.
  • Disallow sum of £9, 10s. 8d. allowed by Auditor for respondents' objections.