A B v. C D

Held that in the special circumstances of the case these fees were reasonable, and such as the pursuer was bound to pay as part of the expenses of the action.

A B brought an action of declarator of nullity of marriage against her husband C D, which she was afterwards allowed to abandon two days before the diet fixed for the proof upon payment of expenses.

The Auditor taxed the fees payable by the pursuer at £15, 15s. and £10, 10s. respectively. Objection having been taken to the Auditor's report, the Lord Ordinary ( Wellwood ) fixed the fees chargeable against the pursuer at £131, 5s. and £105 respectively.

“ Opinion .—At the previous hearing on 14th July I heard a full argument, not only on the competency, but also on the merits of the objections. The competency of the objections having now been sustained, I am of opinion, on the merits, that the Auditor has not allowed sufficiently large Page: 149 ↓

Argued for respondent—The Auditor had allowed quite inadequate fees. The pursuer had herself rendered the incurring of these fees necessary by refusing to come to Scotland. Had London doctors been employed they would have had to be brought to Edinburgh for the trial. The defender was entitled to contemplate that when making the preliminary inquiries. In this case the doctors would have been feed to come down from London, because the case was only abandoned on the eve of the trial.