DAVID JOHN WHITEHOUSE AGAINST THE CHIEF CONSTABLE OF POLICE SCOTLAND AND ANOTHER [2022] ScotCS CSOH_75 (05 October 2022)

DAVID JOHN WHITEHOUSE AGAINST THE CHIEF CONSTABLE OF POLICE SCOTLAND AND ANOTHER [2022] ScotCS CSOH_75 (05 October 2022)

Entitlement to an additional fee under Chapter 42.14 applies to the whole proceedings, not just work done up to the date of the award; the Auditor must fix the amount of the additional fee in respect of the pursuer's accounts, considering the whole circumstances of the action and may apply different percentages to different stages.

Citation
[2022] ScotCS CSOH_75
Parties
Pursuer: David John Whitehouse; First Defender: The Chief Constable of Police Scotland; Third Defender: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
05 October 2022
Procedural Posture
Note of Objections in Ordinary Action / Hearing on Auditor's Minute Following Taxation of Expenses
Outcome
Pursuer's notes of objections sustained; matter remitted to Auditor to fix the amount, if any, of the additional fee in respect of pursuer's accounts.
Legal Topics
Additional Fee Under Chapter 42.14, Interpretation of Expenses Rules, Taxation of Accounts
Civil Procedure Costs Additional Fee Under Chapter 42.14 Interpretation of Expenses Rules Taxation of Accounts

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Parties

David John Whitehouse

Pursuer

The Chief Constable of Police Scotland

First Defender

The Lord Advocate

Third Defender

Procedural Posture

Note of Objections in Ordinary Action / Hearing on Auditor's Minute Following Taxation of Expenses

Legal Issues

  1. 1 Does entitlement to an additional fee under Chapter 42.14 apply to the whole proceedings or only to work done up to the date of the award?
  2. 2 How should the Auditor fix the amount of the additional fee in respect of taxed accounts?

Ratio Decidendi

Entitlement to an additional fee under Chapter 42.14 applies to the whole proceedings, not just work done up to the date of the award; the Auditor must fix the amount of the additional fee in respect of the pursuer's accounts, considering the whole circumstances of the action and may apply different percentages to different stages.

Court Disposition

Pursuer's notes of objections sustained; matter remitted to Auditor to fix the amount, if any, of the additional fee in respect of pursuer's accounts.

Orders

  • Direct the Auditor to fix the amount, if any, of the additional fee in respect of the pursuer's accounts.