Scottish Court of Session Decisions

The arbiter appointed by the Board of Agriculture and Fisheries in a reference under the Agricultural Holdings (Scotland) Act 1908 (8 Edw. VII. cap. 64) between Mrs M. R. Steel-Maitland of Barnton, Midlothian ( respondent), and James Taylor, farmer at Easter Drylaw, on the said estate ( claimant and appellant), submitted a case, under section 9 of the Second Schedule of the Act, for the opinion of the Sheriff of the Lothians and Peebles at Edinburgh.

On 23rd August 1912 the Sheriff-Substitute ( Guy) pronounced an interlocutor disposing of the merits of the case and sanctioning the employment of counsel in the Sheriff Court.

The claimant appealed to the Court of Session, and on 28th January 1913 the Court recalled the interlocutor of the Sheriff-Substitute.

The respondent having been found entitled to expenses, and the Auditor having lodged his report on the respondent's account of same, the appellant objected thereto in so far as he (the Auditor) had allowed, inter alia, fee to counsel in the Sheriff Court. The ground of objection was that the interlocutor in which the Sheriff-Substitute had sanctioned the employment of counsel had been recalled, and there was no longer in force any certificate of the Sheriff entitling the Auditor to allow that fee.