Clark v. Clark [1922] ScotLR 251 (25 February 1922)

Clark v. Clark [1922] ScotLR 251 (25 February 1922)

Interim expenses awarded to a pursuer are not subject to special appropriation or trust for necessary outlays unless expressly limited; a law agent may retain unexpended funds for payment of his taxed fees upon being replaced, absent special instructions.

Citation
[1922] ScotLR 251
Parties
Pursuer: Esther Thomson or Clark; Defender: Donald Clark, M. B., Ch. B.; Compearer and Reclaimer: John Baird
Jurisdiction
Scotland
Judgment Date
25 February 1922
Procedural Posture
Action of Separation and Aliment / Reclaiming Note Against Interlocutor of Lord Ordinary
Outcome
Interlocutor recalled; case remitted to Lord Ordinary to proceed.
Legal Topics
Interim Expenses, Law Agent's Fees, Appropriation of Funds, Trusts
Family Law Civil Procedure Interim Expenses Law Agent's Fees Appropriation of Funds Trusts

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Parties

Esther Thomson or Clark

Pursuer

Donald Clark, M. B., Ch. B.

Defender

John Baird

Compearer and Reclaimer

Procedural Posture

Action of Separation and Aliment / Reclaiming Note Against Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether interim expenses awarded to a pursuer are specially appropriated to necessary outlays or held in trust for that purpose
  2. 2 Whether a law agent is entitled to retain unexpended interim expenses for payment of his taxed fees upon being replaced

Ratio Decidendi

Interim expenses awarded to a pursuer are not subject to special appropriation or trust for necessary outlays unless expressly limited; a law agent may retain unexpended funds for payment of his taxed fees upon being replaced, absent special instructions.

Court Disposition

Interlocutor recalled; case remitted to Lord Ordinary to proceed.

Orders

  • Order recalling interlocutor requiring former agent to hand over balance of interim expenses to new agent.
  • Remit to Lord Ordinary for further proceedings.