STEPHEN McCALLION AGAINST LORRAINE BANFORD OR McCALLION [2022] ScotCS CSOH_36 (06 May 2022)

STEPHEN McCALLION AGAINST LORRAINE BANFORD OR McCALLION [2022] ScotCS CSOH_36 (06 May 2022)

The Auditor misunderstood the scope of the court's award and failed to consider each individual charge to determine if it fell within 'expenses of and occasioned by the preparation and conduct of the proof'; the court intervened as the Auditor's decision was unreasonable and based on a misinterpretation of the interlocutor.

Citation
[2022] ScotCS CSOH_36
Parties
Pursuer: Stephen McCallion; Defender: Lorraine Banford or McCallion
Jurisdiction
Scotland
Judgment Date
06 May 2022
Procedural Posture
Divorce With Ancillary Conclusions / Note of Objections to Auditor's Report on Expenses
Outcome
Objections sustained in part, matter remitted to Auditor for taxation.
Legal Topics
Divorce, Expenses of Proof, Taxation of Expenses
Family Law Civil Procedure Divorce Expenses of Proof Taxation of Expenses

Case Brief

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Parties

Stephen McCallion

Pursuer

Lorraine Banford or McCallion

Defender

Procedural Posture

Divorce With Ancillary Conclusions / Note of Objections to Auditor's Report on Expenses

Legal Issues

  1. 1 Interpretation of 'expenses of and occasioned by the preparation and conduct of the proof'
  2. 2 Scope of recoverable expenses under interlocutor
  3. 3 Auditor's discretion in taxation of expenses

Ratio Decidendi

The Auditor misunderstood the scope of the court's award and failed to consider each individual charge to determine if it fell within 'expenses of and occasioned by the preparation and conduct of the proof'; the court intervened as the Auditor's decision was unreasonable and based on a misinterpretation of the interlocutor.

Court Disposition

Objections sustained in part, matter remitted to Auditor for taxation.

Orders

  • Sustain objections for charges on 21 January, 2 April, 17 June, 29 July, 12, 14, and 19 August 2019.
  • Refuse objection for 29 November 2019 hearing.