Scottish Court of Session Decisions

In this stated case under the Workmen's Compensation Act 1897 (reported ante, ut supra), the Court on 28th November 1901 pronounced an interlocutor by which, inter alia, they found as follows—… “Find the appellants liable in the expenses of this appeal, and remit,” &c. At taxation the Auditor taxed off certain charges for correspondence and attendance at meetings with the appellants and for attendance at a meeting with the Sheriff, which had all been incurred in adjusting the stated case for appeal. These charges were thirteen in number and amounted to the sum of £5, 2s. 6d. The respondent objected to these charges being disallowed.

Argued for the respondent—The expenses of the appeal must cover the presentation and adjustment of the case, otherwise the expenses connected therewith would be irrecoverable, for they formed no part of the arbitration before the Sheriff. In an ordinary appeal from the Sheriff Court the marking of the appeal was the first step, and the appeal was marked in the Sheriff Court, yet the expense was included in the expenses of the appeal. Here the adjustment was the first step, and the expense of it should be allowed. Although it was the Sheriff who had to state the case, there must be some expense incurred by the parties and their agents—(A. of S., 3rd June 1898, sec. 9 ( c)). The Auditor's former practice had been to allow these expenses.

Argued for the appellants—The adjustment of the case was a summary matter. The duty was laid on the Sheriff, and it was not necessary for the parties to be present at all. No one could interfere with the Sheriff in this matter, his discretion being absolute, and if the parties objected to his exercise of it their remedy was to apply to have him ordained to state a case. The intention of the Act was that no expense should be incurred at this stage, and if such expenses were allowed it would enable a litigant to put his opponent to considerable expense, and then by failing to proceed further to make it impossible for him to recover. In any event, the whole expenses should not be allowed, but a sum should be modified to cover all expenses, as in stated cases in criminal and registration cases.