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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith v. Craik & Co [1870] ScotLR 8_50_1 (1 November 1870)
URL: http://www.bailii.org/scot/cases/ScotCS/1870/08SLR0050_1.html
Cite as: [1870] ScotLR 8_50_1, [1870] SLR 8_50_1

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SCOTTISH_SLR_Court_of_Session

Page: 50↓

Court of Session Inner House First Division.

Tuesday, November 1. 1870.

8 SLR 50_1

Smith

v.

Craik & Co.

Subject_1Jury Trial
Subject_2Damages
Subject_3Expenses.
Facts:

Where a jury give substantial damages, though only a portion of the random sum claimed, the rule is that expenses are carried; and, unless there is any glaring misconduct of the case, the Court will not go into the proof to see whether every part of the evidence was necessary for the success of the pursuer.

Headnote:

This case came before the Court upon a motion of the pursuer, to apply the verdict which had been given in his favour. On his afterwards moving for expenses, the defenders objected to his getting full costs of suit, on the grounds (1) that he had only got a verdict for a portion of the sum claimed; and (2) that he had led much irrelevant and unnecessary evidence, particularly as to the character of a certain road.

Page: 51↓

In disposing of the question of expenses—

 Judgment:

The Lord President said, the idea that a pursuer is not to got full expenses because he claimed a random sum of £2000, and only succeeded in obtaining a verdict fur £700, is one which cannot be for a moment entertained. So long as the damages are substantial, it is a rule in this Court that they carry expenses. It is quite impossible to listen to the other points attempted to be made by the defenders. To go into the proof, and say whether this little bit of evidence, or that little bit was too much, and unnecessary for the success of the pursuer's case, is a course which this Court cannot take. I must add, that I consider that the pursuer proved his case in a very substantial manner, and after the explanations we have had from my brother Lord Ardmillan, who presided at the trial, I do not think that there is any reason for animadverting upon the manner in which he led his evidence.

Solicitors: Agents for Pursuer— Leburn, Henderson & Wilson, W.S.

 1870

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URL: http://www.bailii.org/scot/cases/ScotCS/1870/08SLR0050_1.html