In this case the defender lodged a minute, tendering a sum of thirty guineas of damages, ‘with expenses up to the date thereof.’ The pursuer in his account made various charges for consulting counsel as to the propriety of accepting this tender, and also charges for obtaining decree. These charges were sustained by the Auditor; and to-day the Lord Ordinary repelled the objections stated to them by the defender. It was maintained by the defender that although in the general case a tender with expenses of process carried such charges as these, still that, as the minute here was limited to its expenses up to its date, such charges could not be allowed.
Held: A tender of a sum with expenses up to the date of it, includes the expenses of consulting counsel as to whether it should be accepted and of taking decree.
Citations:
[1866] SLR 2 – 60
Links:
Jurisdiction:
Scotland
Costs, Litigation Practice
Updated: 18 April 2022; Ref: scu.574565