Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/1907/44SLR0283.html
Cite as: [1907] SLR 44_283, [1907] ScotLR 44_283

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SCOTTISH_SLR_Court_of_Session

Page: 283↓

Court of Session Inner House Second Division.

[Sheriff Court of Renfrew and Bute at Paisley.

Saturday, January 12. 1907.

44 SLR 283

Thornton

v.

Boyd & Forrest.

Subject_1Expenses
Subject_2Amendment of Record in Appeal from Sheriff Court.

Facts:

Observed by the Lord Justice-Clerk, that in appeals from the Sheriff Courts, “in which counsel cannot go on without asking leave to amend, it is not a good thing to postpone dealing with the question of expenses till the end of the case. This state of things occurs much too often.”

Page: 284↓

Headnote:

James Thornton, tenant of Drygate Farm in the county of Renfrew, brought an action against Boyd & Forrest, contractors, Renfrew, concluding for £723, 10s. for loss, injury, or damage, which they averred they had sustained in various ways owing to the fault and negligence of the defenders, or of those for whom they were responsible, while constructing, for the Glasgow and South-Western Railway, that part of the Dairy and North Johnstone Line, which passed through the farm of Drygate.

On 16th August 1906 the Sheriflf-Substitute ( Lyell), before answer, allowed parties a proof of their averments. Against this interlocutor the defenders appealed to the Court of Session, and argued that the action was irrelevant. The case was partly heard, and was continued to allow the pursuer's counsel to consider whether they desired to ask leave to amend the record.

On 12th January counsel for the pursuer moved in the Single Bills for leave to make certain amendments, and counsel for the defenders moved that leave should only be granted on condition of paying the expenses thereby caused.

Judgment:

Lord Justice-Clerk—I think that in these cases, which come up far too often from the Sheriff Courts, in which counsel cannot go on without asking leave to amend, it is not a good thing to postpone dealing with the question of expenses till the end of the case. This state of things occurs much too often, and is due to slovenly practice in the Sheriff Courts. We shall allow the amendment on payment of six guineas of expenses.

Lord Stormonth Darling and Lord Low concurred.

The Court allowed the amendment on condition of payment of six guineas of expenses.

Counsel:

Counsel for the Pursuer (Respondent)— M'Clure, K.C.— Munro. Agents— St Clair Swanson & Manson, W.S.

Counsel for the Defenders (Appellants)— C. D. Murray— MacRobert. Agents— Pringle & Clay, W.S.
1907

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