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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackenzie v. Blakeney [1879] ScotLR 17_5 (16 October 1879)
URL: http://www.bailii.org/scot/cases/ScotCS/1879/17SLR0005.html
Cite as: [1879] ScotLR 17_5, [1879] SLR 17_5
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SCOTTISH_SLR_Court_of_Session
Page: 5↓
Court of Session Inner House Second Division.
v.
Facts:
The Act of Sederunt of 4th December 1878 recognises the employment of counsel in Sheriff Court cases only when “authorised or subsequently sanctioned” by the Sheriff. In a Sheriff Court action, which was subsequently appealed to the Court of Session, a commission was granted by the Sheriff to examine witnesses in London. The pursuer at this examination employed both counsel and agent, but the defender was only represented by his agent. No notice of the employment of counsel was given to the Sheriff by the pursuer, and his sanction was not obtained. The pursuer was successful in the action, and at the taxation of accounts he claimed that counsel's fees for the commission should be paid by the unsuccessful party. The Auditor disallowed the claim, and the Court adhered.
Counsel for Pursuer— R. Johnstone. Agent— J. Smith Clark, S.S.C.
Counsel for Defender (Appellant)— Balfour— Darling. Agents— Lindsay, Paterson, & Co., W.S.