DAVID ROBERT FLEMING v. LYNNE ADELE WHITTAKER OR BRADSHAW [2010] ScotSC 82 (11 May 2010)

DAVID ROBERT FLEMING v. LYNNE ADELE WHITTAKER OR BRADSHAW [2010] ScotSC 82 (11 May 2010)

It is a well-established principle that a curator ad litem must be remunerated for services provided, and the court will take necessary steps to ensure payment. In this case, there is no evidence the Defender cannot pay her share of the curator's fee, so the motion to make the solicitor or another party liable is premature. The curator's account should be taxed and the existing interlocutor enforced against the Defender. If it becomes apparent the Defender cannot pay, the court may consider making her solicitors or the local authority liable to ensure the curator is paid.

Citation
[2010] ScotSC 82
Parties
Pursuer: David Robert Fleming; Defender: Lynne Adele Whittaker or Bradshaw
Jurisdiction
Scotland
Judgment Date
11 May 2010
Procedural Posture
Family Law Child Contact/residence / Interlocutory Hearing on Curator Ad Litem's Fees; Motion 7/3 of Process Continued
Outcome
Motion for payment of curator ad litem's fees continued; no order made at this stage against solicitors or local authority.
Legal Topics
Curator Ad Litem Fees, Child Welfare Hearing, Responsibility for Payment of Court Appointed Officers, Legal Aid in Family Proceedings
Family Law Child Law Civil Procedure Curator Ad Litem Fees Child Welfare Hearing Responsibility for Payment of Court Appointed Officers Legal Aid in Family Proceedings

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Parties

David Robert Fleming

Pursuer

Lynne Adele Whittaker or Bradshaw

Defender

Procedural Posture

Family Law Child Contact/residence / Interlocutory Hearing on Curator Ad Litem's Fees; Motion 7/3 of Process Continued

Legal Issues

  1. 1 Is the curator ad litem entitled to remuneration for services provided?
  2. 2 Who is liable for payment of the curator ad litem's fees when appointed in child welfare proceedings?
  3. 3 Can liability for the curator's fees be transferred from the party to their solicitor or to a public authority?

Ratio Decidendi

It is a well-established principle that a curator ad litem must be remunerated for services provided, and the court will take necessary steps to ensure payment. In this case, there is no evidence the Defender cannot pay her share of the curator's fee, so the motion to make the solicitor or another party liable is premature. The curator's account should be taxed and the existing interlocutor enforced against the Defender. If it becomes apparent the Defender cannot pay, the court may consider making her solicitors or the local authority liable to ensure the curator is paid.

Court Disposition

Motion for payment of curator ad litem's fees continued; no order made at this stage against solicitors or local authority.

Orders

  • Consideration of motion 7/3 continued until 2 July 2010 at 10am.
  • Sheriff clerk to intimate interlocutor and note to Chief Executive, Perth and Kinross Council for consideration of meeting Defender's share of curator's fees.