Fraser & Company v. Donaldson, [2005] ScotSC 54 (08 September 2005)

Fraser & Company v. Donaldson, [2005] ScotSC 54 (08 September 2005)

There was no consensus or binding agreement reached on 4 December 2003 to settle the account for £1,200; the original contract and invoice for £1,638.25 (after credit for payments) stands, and the sheriff's findings of fact and assessment of credibility are not open to interference on appeal in the absence of notes of evidence or error of law.

Citation
[2005] ScotSC 54
Parties
Pursuers and Respondents: Graeme Fraser & Co; Defender and Appellant: Lynne Donaldson
Jurisdiction
Scotland
Judgment Date
08 September 2005
Procedural Posture
Civil Appeal / Appeal From Sheriff's Judgment
Outcome
Appeal refused; sheriff's judgment affirmed.
Legal Topics
Quantum Meruit, Contract Formation, Appeals, Professional Fees
Contract Law Civil Procedure Quantum Meruit Contract Formation Appeals Professional Fees

Case Brief

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Parties

Graeme Fraser & Co

Pursuers and Respondents

Lynne Donaldson

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff's Judgment

Legal Issues

  1. 1 Whether a binding agreement was reached between the parties to settle the outstanding account for a reduced sum
  2. 2 Whether the sheriff erred in assessing the credibility of the defender and the facts
  3. 3 Whether the original invoice amount was reasonable remuneration for services rendered

Ratio Decidendi

There was no consensus or binding agreement reached on 4 December 2003 to settle the account for £1,200; the original contract and invoice for £1,638.25 (after credit for payments) stands, and the sheriff's findings of fact and assessment of credibility are not open to interference on appeal in the absence of notes of evidence or error of law.

Court Disposition

Appeal refused; sheriff's judgment affirmed.

Orders

  • Defender and appellant found liable to pursuers and respondents in expenses of the appeal.
  • Account of expenses to be lodged and remitted to auditor of court to tax and report.