Douglas & Ors v. MacAndrew & Ors [2011] ScotSC 37 (29 July 2011)

Douglas & Ors v. MacAndrew & Ors [2011] ScotSC 37 (29 July 2011)

The First Defender is personally liable to the Pursuers for one half of the taxed expenses up to and including the interlocutor of 28 January 2003, as the conduct of the executors was not for the benefit of the estate but in contest with the beneficiaries. The cause is dismissed in so far as not already determined, with no expenses due to or by any party except as already and otherwise awarded. Certification for counsel is refused as the case was not complex and did not justify such sanction.

Citation
[2011] ScotSC 37
Parties
Pursuers: Neil Henderson Douglas and Others; First Defender: Hilary Anne Barrowman MacAndrew; Second Defender: Leslie Henderson (deceased)
Jurisdiction
Scotland
Judgment Date
29 July 2011
Procedural Posture
Action of Accounting and Payment / Final Disposal After Recall of Sist and Motions on Expenses
Outcome
Cause dismissed in so far as not already determined; First Defender personally liable for half of taxed expenses up to 28 January 2003; no expenses otherwise; certification for counsel refused.
Legal Topics
Executry Estate Administration, Accounting by Executors, Award of Expenses, Sanction for Counsel
Succession Law Civil Procedure Executry Estate Administration Accounting by Executors Award of Expenses Sanction for Counsel

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Parties

Neil Henderson Douglas and Others

Pursuers

Hilary Anne Barrowman MacAndrew

First Defender

Leslie Henderson (deceased)

Second Defender

Procedural Posture

Action of Accounting and Payment / Final Disposal After Recall of Sist and Motions on Expenses

Legal Issues

  1. 1 Whether the First Defender should be personally liable for expenses and to what extent
  2. 2 Whether the cause should be dismissed as against the Defenders
  3. 3 Whether the cause should be certified as suitable for the employment of counsel

Ratio Decidendi

The First Defender is personally liable to the Pursuers for one half of the taxed expenses up to and including the interlocutor of 28 January 2003, as the conduct of the executors was not for the benefit of the estate but in contest with the beneficiaries. The cause is dismissed in so far as not already determined, with no expenses due to or by any party except as already and otherwise awarded. Certification for counsel is refused as the case was not complex and did not justify such sanction.

Court Disposition

Cause dismissed in so far as not already determined; First Defender personally liable for half of taxed expenses up to 28 January 2003; no expenses otherwise; certification for counsel refused.

Orders

  • Recalls sist pronounced on 24 January 2005.
  • Dismisses the cause in so far as not determined by the Interlocutor dated 10 September 2002.