O'Neil v. Blake [2006] ScotSC 74 (15 December 2006)

O'Neil v. Blake [2006] ScotSC 74 (15 December 2006)

The sheriff's original order regarding responsibility for the reporter's fees 'in the first instance' was not intended to be subject to variation based on subsequent changes in parties' legal aid status. The appeal to alter this responsibility was misconceived, as ultimate liability for such expenses is determined at the conclusion of proceedings, and statutory provisions do not permit retrospective shifting of such costs or direct payment from the legal aid fund at this stage.

Citation
[2006] ScotSC 74
Parties
Pursuer and Appellant: Michael John O'Neill; Defender and Respondent: Tracey Andrea Elizabeth Blake or Gilhooley
Jurisdiction
Scotland
Judgment Date
15 December 2006
Procedural Posture
Family Law Appeal / Appeal Against Interlocutor Refusing to Find Defender Liable for Reporter's Fees
Outcome
appeal refused
Legal Topics
Residence Orders, Child Welfare Reports, Legal Aid Liability, Court Expenses
Family Law Civil Procedure Residence Orders Child Welfare Reports Legal Aid Liability Court Expenses

Case Brief

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Parties

Michael John O'Neill

Pursuer and Appellant

Tracey Andrea Elizabeth Blake or Gilhooley

Defender and Respondent

Procedural Posture

Family Law Appeal / Appeal Against Interlocutor Refusing to Find Defender Liable for Reporter's Fees

Legal Issues

  1. 1 Whether a sheriff other than the one who pronounced the original interlocutor can grant leave to appeal
  2. 2 Whether the court can alter responsibility for payment of reporter's fees after a change in parties' legal aid status
  3. 3 Whether the expenses of a child welfare report can be retrospectively shifted to the defender

Ratio Decidendi

The sheriff's original order regarding responsibility for the reporter's fees 'in the first instance' was not intended to be subject to variation based on subsequent changes in parties' legal aid status. The appeal to alter this responsibility was misconceived, as ultimate liability for such expenses is determined at the conclusion of proceedings, and statutory provisions do not permit retrospective shifting of such costs or direct payment from the legal aid fund at this stage.

Court Disposition

appeal refused

Orders

  • Refuses the appeal and adheres to the Sheriff's interlocutor dated 3 May 2006.
  • Finds the pursuer and appellant liable to the defender and respondent in the expenses occasioned by the appeal.