Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Govern v. West Calder Co-Operative Society, Ltd [1914] ScotLR 594 (13 May 1914)
URL: http://www.bailii.org/scot/cases/ScotCS/1914/51SLR0594.html
Cite as: [1914] SLR 594, [1914] ScotLR 594

[New search] [Printable PDF version] [Help]

SCOTTISH_SLR_Court_of_Session

Page: 594↓

Court of Session Inner House Second Division.

Wednesday, May 13, 1914.

51 SLR 594

M'Govern

v.

West Calder Co-Operative Society, Limited.

Subject_1Expenses
Subject_2Taxation
Subject_3Jury Trial
Subject_4Motion for a Rule — Fees to Counsel for Opposite Party Attending Motion.
Facts:

Fee paid to pursuer's junior counsel for attending in Single Bills when defenders' motion for rule sent to summar roll disallowed. Fee to pursuer's senior counsel for attending when rule moved for disallowed, and fee to his junior counsel reduced to two guineas.

Headnote:

The defenders in an action of damages moved for a rule upon the pursuer to show cause why a new trial should not be granted. The motion was refused, with expenses. On the Auditor's report on the pursuer's account of expenses coming up for approval the defenders objected to his allowance of a fee of one guinea to junior counsel for attending in Single Bills when the motion for a rule was sent to the summar roll, and of fees of eight guineas to senior counsel and six guineas to junior counsel for attending when the rule was moved for.

Judgment:

The Court, which consisted of the Lord Justice-Clerk, Lords Dundas, Salvesen, and Guthrie, without delivering opinions, disallowed the fee to junior counsel for attending in Single Bills, reduced his fee for attending when the rule was moved for from £6, 6s. to £2, 2s., and disallowed the fee to senior counsel.

Observed per Lord Salvesen—I think parties should understand that we are deciding this as a matter of principle in order to settle the practice as to allowing fees to the opposing counsel for attending when a rule is moved for.

Counsel:

Counsel for Pursuer— Ingram. Agent— J. Ferguson Reekie, S.S.C.

Counsel for Defenders— MacRobert. Agents— Bonar, Hunter, & Johnstone, W.S.
1914

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010