Scottish Court of Session Decisions

On 3rd January 1901 Andrew Watson raised an action of damages for personal injury against the Caledonian Railway Company.

After the accident by which his injuries were sustained the pursuer was attended by Dr Nicoll and Dr Grant, who supplied his agents with a report as to his condition. These two doctors attended the pursuer until shortly before the date fixed for the trial of the case, when Dr Knox and Professor Glaister were called in for consultation, the latter as a specialist, on account of symptoms which revealed lesion to the spinal cord. Dr Knox made two visits and Professor Glaister made one visit to the pursuer.

The trial was fixed for 23rd March 1901, but on 22nd March the action was settled upon condition, inter alia, of the defenders paying the pursuer's expenses as taxed, and the pursuer's account of expenses was taxed by the Auditor. The Auditor allowed the following charges in that account, namely—(1) For a report by Dr Nicoll and Dr Grant in December 1900 as to the pursuer's injuries, £2, 2s.; (2) For drawing precognitions in March 1901, Dr Grant £3, 10s., Dr Nicoll

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£1, 10s., Professor Glaister, £1, 10s., and Dr Knox £1, 4s.; (3) Paid witnesses, Professor Glaister £15, 15s., Dr Knox £21, and Dr Nicoll £21.

The defenders lodged a note of objections to the Auditor's report in so far as he had allowed the charges referred to, and argued with regard to Dr Grant and Dr Nicoll that the charges for a report in December and precognitions in March should not both be allowed, and further, with regard to the charge for drawing precognitions, that a doctor's report was his precognition; that if the case had gone to trial certificates could only have been obtained for two doctors as skilled witnesses; and that at least a large reduction should be made on the charge for payments to witnesses.

Argued for the pursuer—The obtaining of a report in December from Dr Nicoll and Dr Grant was a necessary step in taking instructions for raising the action, and it was equally necessary to take precognitions in March, by which time the pursuer's condition might have so changed as to alter the opinions expressed in the report obtained in December. With regard to the payments to witnesses, the doctors had prepared for examination, and they had not been paid at all for their visits to the pursuer.