Malpas v Fife Council [1999] ScotCS 23 (15 January 1999)

The Auditor erred by taking into account irrelevant factors and misdirecting himself regarding the reasonableness of instructing senior counsel; it was not unreasonable for the pursuer's agents to instruct senior counsel in the circumstances, and the disallowance of those fees was unjustified.

Citation: [1999] ScotCS 23
Parties: Pursuer: Mrs Mary Malpas; Defender: Fife Council
Jurisdiction: Scotland
Judgment Date: 15 January 1999
Procedural Posture: Personal Injury Action (optional Procedure) / Objection to Auditor's Disallowance of Senior Counsel's Fees After Settlement
Outcome: Objection sustained; Auditor's decision overturned.
Legal Topics: Reasonableness of Legal Expenses, Entitlement to Senior Counsel's Fees, Auditor's Discretion in Taxation of Costs

Civil Procedure Costs Personal Injury Reasonableness of Legal Expenses Entitlement to Senior Counsel's Fees Auditor's Discretion in Taxation of Costs

Case Brief

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Parties

Mrs Mary Malpas

Pursuer

Fife Council

Defender

Procedural Posture

Personal Injury Action (optional Procedure) / Objection to Auditor's Disallowance of Senior Counsel's Fees After Settlement

Legal Issues

1 Whether it was reasonable for the pursuer's agents to instruct senior counsel for proof and consultation in a personal injury case where liability was admitted and the case settled before proof
2 Whether the Auditor erred in disallowing senior counsel's fees as unreasonable expenses

Ratio Decidendi

Court Disposition

Objection sustained; Auditor's decision overturned.

Orders

Auditor to amend his report to reinstate the disallowed items relating to senior counsel's fees and make consequential revisions to the final calculation.