Scottish Court of Session Decisions

This case came before the Court to-day on a report from the auditor of the pursuers’ account, who were ultimately successful in the action. The pursuers objected that the auditor had disallowed a payment of £27, 9s. 3d. made to a water-bailiff in 1848, during the dependence of the original action, and maintained that as they had been successful in the case they should be relieved of it. The Court, however, approving of the auditor's report, held that as this mas a payment made under a mutual agreement it must be held to be extra-judicial. The auditor's report dealt with three other matters—(1) the number of counsel; (2) fees allowed; (3) fees to scientific witnesses. The auditor allowed two seniors and one junior, owing to the importance of the case; and to these he allowed 30, 20, and 14 guineas per day respectively, following the principle of doubling the fees, which were allowed in the case of Hubback v. North British Railway Company, 25th June 1864, a course which he considered reasonable looking to the importance of the interests involved in this case. The fees of the scientific witnesses were fixed by the auditor in conformity with the rule adopted in the case of Gillespie v. Russell, at 5 guineas per diem, 3 guineas being allowed for each analysis; and to this the Court adhered. The auditor's report accordingly was in all respects sustained. The amount of the account was £6053, 10s. 4d.; taxed off, £2346, 11s. 7d.; leaving a balance due by the defenders of £3706, 18s. 9d.