City Of Aberdeen Council v W A Fairhurst & Ors [1999] ScotCS 176 (20 July 1999)

City Of Aberdeen Council v W A Fairhurst & Ors [1999] ScotCS 176 (20 July 1999)

Commitment fees paid to counsel are recoverable as party and party expenses if they are reasonable for the proper conduct of the litigation, objectively assessed. The auditor applied the correct test, and the amounts were reasonable. The objections to recovery of these fees are repelled.

Citation
[1999] ScotCS 176
Parties
Pursuer: The City of Aberdeen Council; Defender: W. A. Fairhurst and Others
Jurisdiction
Scotland
Judgment Date
20 July 1999
Procedural Posture
Civil / Taxation of Expenses Following Settlement
Outcome
Objections repelled; auditor's allowance of commitment fees upheld.
Legal Topics
Party and Party Expenses, Commitment Fees, Taxation of Costs, Professional Fees
Civil Procedure Costs Party and Party Expenses Commitment Fees Taxation of Costs Professional Fees

Case Brief

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Parties

The City of Aberdeen Council

Pursuer

W. A. Fairhurst and Others

Defender

Procedural Posture

Civil / Taxation of Expenses Following Settlement

Legal Issues

  1. 1 Whether commitment fees paid to counsel are recoverable as party and party expenses
  2. 2 What is the correct test for reasonableness in recovery of such fees

Ratio Decidendi

Commitment fees paid to counsel are recoverable as party and party expenses if they are reasonable for the proper conduct of the litigation, objectively assessed. The auditor applied the correct test, and the amounts were reasonable. The objections to recovery of these fees are repelled.

Court Disposition

Objections repelled; auditor's allowance of commitment fees upheld.

Orders

  • Commitment fees paid to counsel allowed as party and party expenses.