Scottish Court of Session Decisions

In this case, which is an action of damages at the instance of a grieve against Messrs Grant & Jameson, writers, Elgin, on the ground partly of failure to obey instructions, and partly for want of professional skill in the management of a cause which he had employed the defenders to raise, issues were reported to the Court, and a long discussion followed. The defenders, before judgment was pronounced, offered to take a proof before the Lord Ordinary under the Evidence Act, to which the pursuer assented. The proof was accordingly led. Upon its conclusion the defenders' agents intimated to the pursuer that they would share no part of printing the proof. The pursuer accordingly printed the whole, and then called upon the defenders to relieve him of one-half, which they refused to do. Each party led an almost equal amount of proof. The Lord Ordinary was then moved for an order on the defenders to that effect. His Lordship reported the point.

W. A. Brown, for the pursuer, argued that the defenders should be ordained to pay one-half of the expense of printing the proof. It was necessary that the proof should be printed for the Inner-House, and the defenders having intimated that they would not print at all, the pursuer was entitled to print the whole, and he had an equitable claim to be relieved by the defenders of what he had expended for them.