Eileen Marie McArthur against Euan Robert McArthur and another (Sheriff Appeal Court Civil) [2025] SACCIV 45 (11 December 2025)

Eileen Marie McArthur against Euan Robert McArthur and another (Sheriff Appeal Court Civil) [2025] SACCIV 45 (11 December 2025)

Mr Johnstone, the appellant's solicitor, conducted the appeal incompetently and unreasonably, repeatedly failing to comply with procedural rules and causing unnecessary expense and delay. The appellant bore no responsibility for these failures. Exceptional circumstances exist justifying a departure from the usual rule on expenses, and Mr Johnstone is personally liable to each respondent for 25% of the taxed expenses of the appeal on a solicitor and client, client paying basis.

Citation
[2025] SACCIV 45
Parties
Pursuer and Appellant: Eileen Marie McArthur; First Defender and First Respondent: Euan Robert McArthur; Second Defender and Second Respondent: Catena Trustees Limited
Jurisdiction
Scotland
Judgment Date
11 December 2025
Procedural Posture
Civil Appeal / Post Judgment on Appeal, Determination of Expenses
Outcome
Appeal refused; appellant's solicitor found personally liable for part of respondents' expenses.
Legal Topics
Personal Liability of Solicitors for Expenses, Solicitor and Client Expenses, Default Decree, Appeal Procedure, Legal Aid and Expenses
Civil Procedure Legal Profession Personal Liability of Solicitors for Expenses Solicitor and Client Expenses Default Decree Appeal Procedure Legal Aid and Expenses

Case Brief

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Parties

Eileen Marie McArthur

Pursuer and Appellant

Euan Robert McArthur

First Defender and First Respondent

Catena Trustees Limited

Second Defender and Second Respondent

Procedural Posture

Civil Appeal / Post Judgment on Appeal, Determination of Expenses

Legal Issues

  1. 1 Whether the appellant's solicitor should be found personally liable for the expenses of the appeal on a solicitor and client, client paying basis
  2. 2 Whether exceptional circumstances exist to depart from the usual rule that expenses follow the event and are modified to nil where the appellant is legally aided

Ratio Decidendi

Mr Johnstone, the appellant's solicitor, conducted the appeal incompetently and unreasonably, repeatedly failing to comply with procedural rules and causing unnecessary expense and delay. The appellant bore no responsibility for these failures. Exceptional circumstances exist justifying a departure from the usual rule on expenses, and Mr Johnstone is personally liable to each respondent for 25% of the taxed expenses of the appeal on a solicitor and client, client paying basis.

Court Disposition

Appeal refused; appellant's solicitor found personally liable for part of respondents' expenses.

Orders

  • Mr Johnstone found personally liable to each respondent for 25% of the taxed expenses of the appeal on a solicitor and client, client paying basis, insofar as not already dealt with.
  • Clerk of court instructed to send a copy of the opinion to the Chief Executive of the Scottish Legal Aid Board.