Scotland Case Law

Manjit Ram against James Stirling

Expenses judgment after absolvitor in a defamation and injuria action. The sheriff awarded defender’s expenses on a party-and-party basis with a 35% uplift.

• Qualified privilege
• Veritas
• Malice
• Single meaning
• Injuria
• Quantum

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CABOT FINANCIAL (UK) LTD AGAINST CATHERINE WEIR

CABOT FINANCIAL (UK) LTD AGAINST CATHERINE WEIR [2021] ScotCS CSIH_64 (30 November 2021)

The Court of Session held that a success fee under a speculative fee agreement is not recoverable from the opponent on an agent and client, client paying basis.

• Agent and client expenses
• Success fee
• Taxation of accounts
• Agent-and-client-expenses
• Success-fees
• Taxation-of-accounts

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KIDD v PAULL WILLIAMSONS LLP & Anor

KIDD v PAULL WILLIAMSONS LLP & Anor [2017] ScotCS CSOH_124 (26 September 2017))

The Court of Session granted Robert Kidd a £1 million interim payment of expenses, finding sufficient reason to depart from the ordinary taxation process.

• Interim payment of expenses
• Agent and client, client paying basis
• Taxation of expenses
• Interim-payment-of-expenses
• Taxation-of-expenses
• Court-of-session-procedure

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Hulbert v. Do

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

The Court of Session held that fees to senior counsel were not justified for adjusting issues in a simple personal injury action, but allowed full expenses before a joint minute.

• Taxation of expenses
• Jury trial
• Adjustment of issues
• Fees to senior counsel
• Taxation-of-expenses
• Adjustment-of-issues

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Mickel v. M'Coard

Mickel v. M'Coard [1913] ScotLR 853 (11 July 1913)

The Court held that Sheriff Court expenses were to be taxed on the lower scale after the appeal reduced damages to £50, and that the objection came too late.

• Taxation of expenses
• Scale of taxation
• Act of sederunt
• Modification of expenses
• Taxation-of-expenses
• Sheriff-court-expenses

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(Ante sub nom. Paxton and Others v. Brown, 45 S.L.R. 323, 1908 S.C. 406.) Herriot v. Jacobsen and Another

(Ante sub nom. Paxton and Others v. Brown, 45 S.L.R. 323, 1908 S.C. 406.) Herriot v. Jacobsen and Another [1909] ScotLR 998 (19 June 1909)

The Court of Session approved an auditor’s report and allowed joint and several liability for Inner House expenses, while limiting Outer House expenses to the wife and husband as administrator-in-law.

• Husband and wife liability
• Joint and several decree
• Administrator-in-law
• Litigation expenses
• Litigation-expenses
• Husband-and-wife-liability

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Govan v. J. & W. M'Killop

Govan v. J. & W. M'Killop [1909] ScotLR 416 (06 February 1909)

The Court allowed recovery of post-mortem expenses in exceptional circumstances, but upheld the Auditor’s taxation of medical witness fees.

• Expense of preliminary investigations
• Fees to medical witnesses
• Abandonment of action after proof allowed
• Expenses
• Medical-witness-fees
• Preliminary-investigations

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Clements v. The Lord Provost, Magistrates, and Town Council of the City of Edinburgh

Clements v. The Lord Provost, Magistrates, and Town Council of the City of Edinburgh [1905] ScotLR 42_536_1 (20 May 1905)

The Court of Session held that expert witness fees could be allowed as expenses after a case settled before trial, even without a judge’s certificate.

• Expert witness fees
• Settlement before trial
• Act of sederunt 15 july 1876
• Taxation of costs
• Expenses
• Expert-witness-fees

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Crossan v. Caledonian Railway Co.

Crossan v. Caledonian Railway Co. [1902] ScotLR 40_167 (04 December 1902)

The Court of Session reduced a certified medical witness fee from £7, 7s. to £5, 5s. and held that objections to an auditor’s report should specify the reduction sought.

• Taxation of expenses
• Witness fees
• Certified skilled witness
• Court discretion
• Taxation-of-expenses
• Witness-fees

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