Description
The respondents claimed expenses and an additional fee for a Court of Session appeal from the unsuccessful applicant. The additional fee was sought under the heads,
inter alia, that the cause was complicated, time-consuming and important to the respondents who had very serious allegations made against them. The appellant opposed the motions and sought expenses from the respondents on the grounds,
inter alia, that they abused the procedural rules and the Court of Session had given him a less favourable service than the respondents.
Held; The normal rule that expenses follow success applied. As the respondents were wholly successful in the appeal and the appellant's opposition unpersuasive, the respondents were entitled to the expenses of the appeal against the appellant. However, the court was not persuaded that there was any merit in the arguments advanced by the respondents in support of an additional fee.
