M'Govern v. West Calder Co-Operative Society, Ltd

Subject_1 Expenses Subject_2 Taxation Subject_3 Jury Trial Subject_4 Motion 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.

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.

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