RUSSELL v ANDREW RUSSELL AND OTHERS [2017] ScotCS CSOH_137 (24 October 2017)

RUSSELL v ANDREW RUSSELL AND OTHERS [2017] ScotCS CSOH_137 (24 October 2017)

William Renfrew, solicitor, is personally liable for expenses from 1 April 2016 due to failure to properly instruct the expert and delays, which resulted in unnecessary litigation costs. The defence was stateable, so agent and client scale is not justified. The second defender is not a dominus litus and not liable for expenses. The third defender is liable for expenses as an assisted person, on party and party scale.

Citation
[2017] ScotCS CSOH_137
Parties
Pursuer: John Russell; First Defender: Andrew Russell; Second Defender: Paul Casey Russell; Third Defender: Vikki Russell; Solicitor for Third Defender: William Renfrew
Jurisdiction
Scotland
Judgment Date
24 October 2017
Procedural Posture
Civil Reduction of Disposition / Post Proof, Motion for Expenses
Outcome
Expenses awarded against William Renfrew (solicitor) from 1 April 2016, against third defender as assisted person, on party and party scale. Motion against second defender refused.
Legal Topics
Reduction of Disposition, Capacity to Contract, Personal Liability for Expenses, Legal Aid, Agent and Client Expenses
Property Law Civil Procedure Reduction of Disposition Capacity to Contract Personal Liability for Expenses Legal Aid Agent and Client Expenses

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Parties

John Russell

Pursuer

Andrew Russell

First Defender

Paul Casey Russell

Second Defender

Vikki Russell

Third Defender

William Renfrew

Solicitor for Third Defender

Procedural Posture

Civil Reduction of Disposition / Post Proof, Motion for Expenses

Legal Issues

  1. 1 Whether the deceased disponers had capacity to execute the disposition
  2. 2 Whether solicitor William Renfrew should be personally liable for expenses
  3. 3 Whether the second defender is a dominus litus and liable for expenses

Ratio Decidendi

William Renfrew, solicitor, is personally liable for expenses from 1 April 2016 due to failure to properly instruct the expert and delays, which resulted in unnecessary litigation costs. The defence was stateable, so agent and client scale is not justified. The second defender is not a dominus litus and not liable for expenses. The third defender is liable for expenses as an assisted person, on party and party scale.

Court Disposition

Expenses awarded against William Renfrew (solicitor) from 1 April 2016, against third defender as assisted person, on party and party scale. Motion against second defender refused.

Orders

  • William Renfrew liable to pursuer in expenses from 1 April 2016 to date, including expenses of motions for expenses.
  • Third defender liable in expenses as assisted person, on party and party scale.