Helkimo Or Kennett Or Robertson v Robertson [2001] ScotCS 62 (14 March 2001)

Helkimo Or Kennett Or Robertson v Robertson [2001] ScotCS 62 (14 March 2001)

The award of expenses was expressly limited to those directly attributable to the three days of proof (26, 27, and 28 October 1999), and did not include general preparatory expenses or expenses for the first day of proof. The Auditor erred in allowing such preparatory expenses.

Citation
[2001] ScotCS 62
Parties
Pursuer: Irma Elina Helkimo or Kennett or Robertson; Defender: David Callum Robertson
Jurisdiction
Scotland
Judgment Date
14 March 2001
Procedural Posture
Consistorial (divorce and Ancillary Relief) / Post Divorce, Taxation of Expenses
Outcome
Objections by the defender upheld; Auditor directed to amend report by deleting preparatory expenses from allowable account.
Legal Topics
Divorce, Expenses, Taxation of Costs
Family Law Civil Procedure Divorce Expenses Taxation of Costs

Case Brief

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Parties

Irma Elina Helkimo or Kennett or Robertson

Pursuer

David Callum Robertson

Defender

Procedural Posture

Consistorial (divorce and Ancillary Relief) / Post Divorce, Taxation of Expenses

Legal Issues

  1. 1 Whether the pursuer is entitled to recover preparatory expenses for the proof beyond the three days specified in the interlocutor of 21 February 2000.

Ratio Decidendi

The award of expenses was expressly limited to those directly attributable to the three days of proof (26, 27, and 28 October 1999), and did not include general preparatory expenses or expenses for the first day of proof. The Auditor erred in allowing such preparatory expenses.

Court Disposition

Objections by the defender upheld; Auditor directed to amend report by deleting preparatory expenses from allowable account.

Orders

  • Auditor to delete from the account of allowable expenses the items set out in paragraph [4] of the Opinion.
  • Consequential alterations to other matters in the account, such as Value Added Tax, to be made.