Scottish Court of Session Decisions

In this case the Lord Ordinary, on 7th June 1870, assoilzied the defender from the whole conclusions of the summons.

On 19th July 1870 the First Division recalled Lord Mackenzie's interlocutor of 7th June, and (on different grounds) assoilzied the defender, and found the pursuers liable in expenses.

On 11th March 1872 the House of Lords recalled the interlocutor of the First Division of 19th July 1870, except in so far as the pursuers were thereby found liable in expenses; affirmed the interlocutor of the Lord Ordinary of 7th June 1870; ordered the appellant (pursuer) to pay the costs of the appeal as taxed and certified; and remitted back to the Court of Session “to do therein as shall be just and consistent with this judgment.” It was further ordered “that unless the costs certified as aforesaid shall be paid to the party entitled to the same within one calendar month from the date of the certificate thereof, the Court of Session in Scotland, or the Lord Ordinary officiating on the Bills during the vacation, shall issue such summary process or diligence for the recovery of such costs as shall be lawful and necessary.”

The practical result of each interlocutor being the same, nothing remained for the Court to deal with except the costs in the House of Lords.

On 6th May the defender obtained a certificate of the costs from the Clerk of the Parliaments, and, on the narrative that the pursuer A. R. Catton (Mrs Catton having died) had not paid the same within one mouth, the defender, on 8th June, presented a petition to the First Division “to apply the above judgment of the House of Lords, and in respect of said judgment, and of the certificate above mentioned, to decern against the said Alfred Robert Catton for payment to the petitioner of the costs incurred by him in respect of said appeal, amounting to the sum of £559, 13s. 2d., as certified by the Clerk of the Parliaments as aforesaid; to find the said Alfred Robert Catton liable to the petitioner in the expenses of this application, as the same shall be taxed by the Auditor of Court, and to remit,” &c.

The Court decerned in terms of the prayer of the petition, and found A. R. Catton liable in the expenses of the petition.