Scottish Court of Session Decisions

Question as to the expenses of a jury trial, held on circuit before; Lord Moncreiff, who now sat in the Inner House to assist in disposing of the pursuer's motion for expenses. The damages had been laid at £500, partly for alleged real and special damage, and partly for injury to credit. It was said that, at the opening of the trial, the case was given up as to special damage, although a record had been made up with a view to that claim. The jury found £5 of damages. Lord Monereiff considered, that in all the circumstances, expenses were generally due to the pursuer, though they ought to be modified. The other Judges concurred, and found expenses due, reserving to modify them, if it seemed proper, after the account was taxed.