FIRM A & Another v The Council of The Law Society of Scotland [2013] ScotCS CSIH_30 (19 April 2013)

FIRM A & Another v The Council of The Law Society of Scotland [2013] ScotCS CSIH_30 (19 April 2013)

The tribunal was entitled to find that charging law accountants' fees to the client without clear explanation constituted inadequate professional service. However, the finding of IPS based on overcharging of fees was quashed due to a breach of natural justice, as the appellants were not given an opportunity to make submissions to the auditor. The tribunal had power to order a new taxation, and the case was remitted for reconsideration in light of the new taxation.

Citation
[2013] ScotCS CSIH_30
Parties
Petitioners and Appellants: FIRM A and ANOTHER; Respondents: The Council of The Law Society of Scotland
Jurisdiction
Scotland
Judgment Date
19 April 2013
Procedural Posture
Appeal / Judgment on Appeal From Scottish Solicitors' Discipline Tribunal
Outcome
Appeal allowed in part; finding of IPS based on overcharging quashed; directions for compensation and publicity quashed; refund of law accountants' fee confirmed; case remitted for reconsideration; appeal otherwise refused.
Legal Topics
Inadequate Professional Service (ips), Overcharging of Fees, Solicitors' Fees Taxation, Natural Justice, Law Accountants' Fees, Remit to Auditor
Professional Discipline Legal Profession Regulation Inadequate Professional Service (ips) Overcharging of Fees Solicitors' Fees Taxation Natural Justice Law Accountants' Fees Remit to Auditor

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Parties

FIRM A and ANOTHER

Petitioners and Appellants

The Council of The Law Society of Scotland

Respondents

Procedural Posture

Appeal / Judgment on Appeal From Scottish Solicitors' Discipline Tribunal

Legal Issues

  1. 1 Whether overcharging of fees constitutes inadequate professional service (IPS) under the Solicitors (Scotland) Act 1980
  2. 2 Whether the tribunal had power to order a new taxation of fees
  3. 3 Whether the appellants were denied natural justice by not being allowed to make submissions to the auditor

Ratio Decidendi

The tribunal was entitled to find that charging law accountants' fees to the client without clear explanation constituted inadequate professional service. However, the finding of IPS based on overcharging of fees was quashed due to a breach of natural justice, as the appellants were not given an opportunity to make submissions to the auditor. The tribunal had power to order a new taxation, and the case was remitted for reconsideration in light of the new taxation.

Court Disposition

Appeal allowed in part; finding of IPS based on overcharging quashed; directions for compensation and publicity quashed; refund of law accountants' fee confirmed; case remitted for reconsideration; appeal otherwise refused.

Orders

  • Quash finding of IPS insofar as based on overcharging of fees
  • Quash directions for compensation (£500) and publicity