Scottish Court of Session Decisions

Subject_1Process
Subject_2Record
Subject_3Amendment
Subject_4Failure to Pay Opponents Expenses — Absolvitor. Headnote:

In an action of damages for personal injury brought in the Sheriff Court at Perth and remitted to the Court of Session for jury trial under section 30 of the Sheriff Courts (Scotland) Act 1907 (7 Edw. VII, cap. 51), the Court on 15th November 1912 allowed the pursuer to amend his record, found the defenders entitled to the expenses connected with the amendment, and allowed the pursuer “to proceed in the cause only on payment” of the expenses & found due. The pursuer having subsequently intimated that he did not intend to pay the expenses and proceed in the cause, the defenders moved for absolvitor. The pursuer maintained that the appropriate decree was one of dismissal.

On 7th December 1912 the Court, without opinions, pronounced this interlocutor—“In respect that the order as to expenses contained in the interlocutor of 15th November last has not been obtempered, assoilzie the defenders from the conclusions of the summons and decern.”