Gunn v Muirhead

JurisdictionScotland
Judgment Date19 October 1899
Date19 October 1899
Docket NumberNo. 5.
CourtCourt of Session
Court of Session
1st Division

Lord Pearson, Lord President, Lord Adam, Lord M'Laren, Lord Kinnear.

No. 5.
Gunn
and
Muirhead.

ExpensesPrint of Documents.

A defender presented a reclaiming note against an interlocutory judgment and prepared a print for use at the hearing. He was successful in the reclaiming note, and was found entitled to the expenses of the debate, an award which did not include the print. Thereafter on a second reclaiming note he obtained a judgment on the merits and was found entitled to expenses. The Auditor having disallowed the expense of the print, the Court sustained an objection to the disallowance on the ground that the documents contained in the print were essential to the discussion of the second reclaiming note.

ExpensesProofWitnesses called but not examined.

The Court allowed the expense of witnesses cited by the defender but not examined, on the ground that the necessity for examining them was only obviated by witnesses for the pursuer making admissions of fact which were not given on record.

ExpensesProofShorthand Notes.

Circumstances in which the Court allowed the charge for one copy of the shorthand notes of the evidence for the use of counsel at the hearing, which took place three weeks after the proof was led.

ExpensesFees to Counsel.

In a difficult and complicated case the Court sustained an objection to the Auditor's disallowance (1) of 2, 2s. out of a fee of 5, 5s. to junior counsel for drawing defences, and (2) of 3, 3s. out of a fee of 6, 6s. to senior counsel for consultation as to adjustment of record.

ExpensesFees to Counsel.

The Auditor having restricted counsel's fees for the third day of a proof from 12, 12s. and 10, 10s. to 6, 6s. and 5, 5s. respectively, the Court refused to interfere with the Auditor's discretion.

ExpensesFees to Counsel.

In a case in which the debate in the Inner-House extended to three days the Auditor, in taxing the defender's account of expenses, summed the fees of counsel for the whole debate, and on the ground that the aggregate remuneration was excessive struck off entirely the fees for the second day. The Court refused to interfere with the Auditor's treatment of the account.

(Ante, June 30, 1899,1 F. p. 1079.)

On 9th June 1897 the Lord Ordinary (Pearson) found that the defender was bound to implement the obligation undertaken by him in the minute of agreement dated 10th May 1894, and to relieve the pursuer and his nominees of the shares, &c.

The defender reclaimed, and on 28th January 1898 the First Division recalled the Lord Ordinary's interlocutor, allowed a proof, and remitted to the Lord Ordinary, and found the defender entitled to the expenses of the debate in the Inner-House.

After a proof the Lord Ordinary, on 14th July 1898, dismissed the action.

The pursuer having reclaimed, the First Division, on 30th June 1899, subject to an alteration in one of the findings, adhered to the Lord Ordinary's interlocutor and found the defender entitled to expenses.

The Auditor having taxed the defender's account of expenses, the defender objected to his report in so far as he had disallowed wholly or in part the following items:

1. 5, 5s., fee to junior counsel to prepare defences. 2, 2s. disallowed.

2. 6, 6s., fees paid to senior counsel for consultation...

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