MacKenzie v. Grant+ & Anor [2007] ScotSC 39 (25 July 2007)

The sheriff was entitled to allow a percentage increase in fees under paragraph 5(b)(v) where the importance of the subject-matter to the client, judged subjectively or objectively, resulted in additional responsibility for the solicitor. The sheriff's application of the rule was correct and within discretion.

Citation: [2007] ScotSC 39
Parties: Pursuer and Respondent: Mrs Jessie MacKenzie; Defender and Appellant: Robert Grant; Defender and Appellant: Mrs Mhairi Janette Grant
Jurisdiction: Scotland
Judgment Date: 25 July 2007
Procedural Posture: Civil Appeal / Appeal Against Interlocutor on Expenses
Outcome: Appeal refused; sheriff's interlocutor adhered to.
Legal Topics: Expenses in Litigation, Boundary Disputes, Interdicts, Solicitor's Fees, Discretionary Fee Uplift

Civil Procedure Property Law Expenses in Litigation Boundary Disputes Interdicts Solicitor's Fees Discretionary Fee Uplift

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Parties

Mrs Jessie MacKenzie

Pursuer and Respondent

Robert Grant

Defender and Appellant

Mrs Mhairi Janette Grant

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal Against Interlocutor on Expenses

Legal Issues

1 Whether the sheriff erred in allowing a percentage increase in solicitor's fees based on the importance of the subject-matter to the client under paragraph 5(b)(v) of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993.

Ratio Decidendi

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

Defenders and appellants found liable to the pursuer and respondent in the expenses of the appeal.
Account of expenses to be given in and remitted to the auditor of court to tax and report.