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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Dean v. Walker [1873] ScotLR 10_535 (26 June 1873) URL: http://www.bailii.org/scot/cases/ScotCS/1873/10SLR0535.html Cite as: [1873] ScotLR 10_535, [1873] SLR 10_535 |
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Page: 535↓
Circumstances in which a pursuer—who had obtained damages on one issue, but had been unsuccessful on all his own remaining issues and all the counter-issues— held not entitled to expenses.
In this case the pursuer had raised an action of damages against the defender on the ground of defamation—the said defamation consisting of charges of perjury, subornation of perjury, and certain abusive language. The jury affirmed the truth of the charges made against the pursuer, but in respect of the abusive language found him entitled to £300 of damages. The Lord Ordinary found neither party entitled to expenses, on the ground that the pursuer, though successful in obtaining damages, had been unsuccessful on all the counter-issues, and all but one of his own issues.
The pursuer reclaimed.
At advising—
The other Judges concurred.
Counsel for Pursuer— Fraser, Macdonald, and Robertson. Agents— Philip, Laing, & Munro, W.S.
Counsel for Defender— Millar, Q.C., Trayner, and J. A. Reid. Agent— W. G. Roy, S.S.C.