Scottish Court of Session Decisions

Subject_Expenses — Auditor's Report. —

By the ultimate interlocutor in this cause (ante, VIII. 1037), the defenders were found, generally, entitled to expenses. An accountant's report was subsequently given in; and both parties having reclaimed against the Lord Ordinary's judgment, disposing of their objections to the report, the Court (7th March, 1833) altered the interlocutor, to a certain extent, in favour of the defenders, and remitted to his Lordship to proceed accordingly, with full power to hear parties, and to decide all claims as to expenses.

The defenders reclaimed (31st January, 1834) from an interlocutor of the Lord Ordinary, to which the Court adhered, and “found the pursuers entitled to the expenses of this discussion, subject to modification.” The auditor, in his report on the accounts of expenses, allowed to the pursuers the expense of the proceedings in the Outer-House between the remit in 1833 and the reclaiming note in 1834. To this part of the report an objection was stated and sustained; the Court declaring that, in finding the pursuer entitled to “the expenses of this discussion,” they did not mean their finding to include the previous expenses in the Outer-House.