Finlayson & Ors v Turnbull & Ors [2001] ScotCS 262 (14 November 2001)

Finlayson & Ors v Turnbull & Ors [2001] ScotCS 262 (14 November 2001)

Defenders are liable to account for fees legitimately exigible for pre-dissolution work, regardless of receipt; exclusion of files requires fair notice and proof, which was not provided; pursuers entitled to valuation of specified files.

Citation
[2001] ScotCS 262
Parties
Pursuers: Archibald Fraser Finlayson and Others; Defenders: Robert White Turnbull and Others
Jurisdiction
Scotland
Judgment Date
14 November 2001
Procedural Posture
Civil Partnership Dispute / Proof Before Answer, Restricted to Schedule 14
Outcome
Pursuers' objections to item 14 sustained in part; decree for payment granted.
Legal Topics
Obligation to Account, Fiduciary Duties, Legal Aid Fees, Valuation of Partnership Assets
Partnership Law Professional Conduct Obligation to Account Fiduciary Duties Legal Aid Fees Valuation of Partnership Assets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Archibald Fraser Finlayson and Others

Pursuers

Robert White Turnbull and Others

Defenders

Procedural Posture

Civil Partnership Dispute / Proof Before Answer, Restricted to Schedule 14

Legal Issues

  1. 1 Scope of defenders' liability to account for pre-dissolution fees
  2. 2 Validity and valuation of 'Caroline Thomson' files
  3. 3 Entitlement to account for 'Settled Direct' cases

Ratio Decidendi

Defenders are liable to account for fees legitimately exigible for pre-dissolution work, regardless of receipt; exclusion of files requires fair notice and proof, which was not provided; pursuers entitled to valuation of specified files.

Court Disposition

Pursuers' objections to item 14 sustained in part; decree for payment granted.

Orders

  • Item 14 of defenders' Account corrected to £2,139.37 instead of £0.00.
  • Decree for payment of £2,139.37 to pursuers granted, subject to further hearing on timing.