Scottish Court of Session Decisions

Subject_1Process
Subject_2Inhibition
Subject_3Recall
Subject_4Expenses.
Facts:

Inhibition having been irregularly executed and recorded on the dependence of a summons, which had never been served, the party inhibited presented a petition for its recall. Thereafter the agents of the party inhibiting produced a discharge of the inhibition, and offered to have it recorded and the whole matter arranged extrajudicially. A difficulty occurring in this arrangement, the party inhibited insisted in his petition, obtained the recall of the inhibition, and moved for his expenses. This latter motion was resisted, on the ground that an extrajudicial discharge and purging of the register had been offered and refused.

Held that after a petition had been presented for recall it would not do for the respondent to tender anything in lieu of recall; and that the petitioner being absolutely entitled to judicial recall, he was also entitled to the expenses of the application.