Aberdeenshire Council, Re Adoption of A B C [2006] ScotCS CSOH_14 (31 January 2006)

Aberdeenshire Council, Re Adoption of A B C [2006] ScotCS CSOH_14 (31 January 2006)

The Auditor erred by failing to assess whether the time spent was reasonable and by not considering the 'going rate' for such reports. The correct principle is that the curator is entitled to a reasonable fee for carrying out the required work in a proper manner, considering all relevant facts, including the going rate.

Citation
[2006] ScotCS CSOH_14
Parties
Petitioner: Aberdeenshire Council; Reporting Officer and Curator Ad Litem: Howie QC
Jurisdiction
Scotland
Judgment Date
31 January 2006
Procedural Posture
Petition for Order Freeing Children for Adoption; Taxation of Curator's Fee / Hearing on Note of Objections to Auditor's Report
Outcome
Note of Objections allowed; matter remitted to Auditor for reconsideration.
Legal Topics
Adoption, Taxation of Costs, Curator Ad Litem Fees, Reasonableness of Legal Fees
Family Law Costs and Expenses Adoption Taxation of Costs Curator Ad Litem Fees Reasonableness of Legal Fees

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Parties

Aberdeenshire Council

Petitioner

Howie QC

Reporting Officer and Curator Ad Litem

Procedural Posture

Petition for Order Freeing Children for Adoption; Taxation of Curator's Fee / Hearing on Note of Objections to Auditor's Report

Legal Issues

  1. 1 What is the appropriate principle for assessing the fee of a curator ad litem in adoption proceedings?
  2. 2 Was the Auditor's approach to taxation of the curator's fee correct?
  3. 3 Should a time and line approach or the 'going rate' be used for such fees?

Ratio Decidendi

The Auditor erred by failing to assess whether the time spent was reasonable and by not considering the 'going rate' for such reports. The correct principle is that the curator is entitled to a reasonable fee for carrying out the required work in a proper manner, considering all relevant facts, including the going rate.

Court Disposition

Note of Objections allowed; matter remitted to Auditor for reconsideration.

Orders

  • Remit to the Auditor to tax the curator's account again, applying the principle that only a reasonable fee for proper work is recoverable, taking into account the going rate and all relevant circumstances.