Scottish Court of Session Decisions

This was a note of objections to the Auditor's report in a jury trill, in which the defender has been successful. The trial related to an alleged right-of-way; it had lasted for three days, from 10 a.m. to 6.30 p.m. each day; and the question raised involved points of law as well as of fact. The fee which the defender sent to his senior counsel on the last day was fifteen guineas; to his junior he sent twenty, fifteen, and fifteen guineas on each day respectively. The Auditor taxed five guineas off the fee to the senior counsel, and reduced the junior's fees to fifteen, ten, and seven guineas. The defender then lodged this note of objections, and argued that the fees sent should be allowed, as the sitting each day had been so prolonged, and as the question was one of law as well as of fact.

The pursuer replied that the general rule was well recognised— Hubback v. North British Railway, June 25, 1864, 2 Macph. 1291; Neilson v. Barclay, July 19, 1870, 8 Macph. 1011; and that there was nothing in the present case to take it out of that rule.