Scottish Court of Session Decisions

In this case the Court found the defender entitled to expenses under deduction of one-fourth. The defender's account was taxed on 11th May, and objections thereto by the defender were lodged on 10th June.

The pursuers argued—The objections came too late and could not be entertained. They should, according to the construction usually put upon the Act of Sederunt, have been lodged within forty-eight hours— Adamson & Gulland v. Gardner, July 4, 1878, 15 S.L.R. 664.

The defender argued—The delay in lodging the objections had been caused by there having been double agency in the case, but intimation of the objections had been made to the pursuers' agents soon after the taxing. Further, the question raised was really whether the Auditor had construed the Court's interlocutor correctly. In taxing the account he had first disallowed expenses wherever the defender had been unsuccessful, and had then deducted a fourth from the remainder. The objections proceeded on the footing that the fourth alone should have been deducted. In these circumstances the terms of the Act of Sederunt should not be construed too strictly against the defender.

At advising—