YUK WONG CHAN v. MAN FAI TO

The Sheriff Principal having resumed consideration of the appeal Sustains same and Allows the appeal; Recalls the interlocutor of the Sheriff dated 1 February 1999 complained of; Finds the defender's law agent liable personally to the pursuer in the expenses of the abortive diet of debate set down for 1 February 1999 and in the expenses of the appeal; Allows an account thereof to be given in and Remits same when lodged to the Auditor of Court to tax and to report; Remits the cause to the Sheriff to fix a new diet of debate and to proceed as accords.

As to the expense which has arisen, the defender's solicitor who appeared before me at the hearing of the appeal accepted fully that the error had been entirely that of himself or his firm (most probably his own) and that he should bear the expense of the abortive diet of debate and of the appeal required to set matters right. Certainly I think it right that the pursuer should be kept free of expense and I shall accordingly find the defender's solicitor personally liable to the pursuer in the expenses of the diet of debate set down for 1 February 1999 and in the expenses of the appeal.