Scottish Court of Session Decisions

In July 1909 Joseph Gavin brought an action in the Sheriff Court at Glasgow against P. Henderson & Co., shipowners there, to which action of 6th October 1909 he was allowed to add other two defenders. On 26th January 1910 P. Henderson & Co. were of consent assoilzied and found entitled to expenses, and on 8th February 1910 the Sheriff-Substitute ( Boyd) approved of the Auditor's report on the account of expenses and decerned against the pursuer for the taxed amount, £13, 10s. 7d. On 23rd February 1910 the Sheriff-Substitute allowed a proof against the remaining defenders, and on the following day the pursuer required the cause to be remitted to the Second Division of the Court of Session. On the same date P. Henderson & Co. applied for extract of their decree for expenses and were informed that it could not be obtained, because a note requiring the cause to be remitted had been marked on the process. On the case appearing in Single Bills the successful defenders moved the Court to find them anew entitled to expenses. The pursuer opposed the motion and argued that P. Henderson & Co. were no longer parties to the process and could not be heard.

The Court pronounced this interlocutor:—

“Having heard counsel in the Single Bills, affirms the interlocutor of the Sheriff-Substitute dated 8th February 1910, and in terms thereof of new decern against the pursuer for payment to the defenders P. Henderson & Co. of the sum of £13, 10s. 7d., the taxed amount of the said defenders' account of expenses; further, find the said defenders entitled to the expenses of this appearance; modify the same at £3, 3s, and decern and ordain the pursuer to make payment of the same to the said defenders; dispense with the reading in the Minute Book, and grant warrant for immediate extract.”