Brown v Ackerman [2001] ScotCS 280 (5 December 2001)

Brown v Ackerman [2001] ScotCS 280 (5 December 2001)

Defences are irrelevant due to lack of specification; no claim for damages or breach of contract was made, and entitlement to fees for work done stands.

Citation
[2001] ScotCS 280
Parties
Pursuers and Respondents: Digby Brown; Defender and Reclaimer: Laura Ackerman
Jurisdiction
Scotland
Judgment Date
05 December 2001
Procedural Posture
Reclaiming Motion / Appeal
Outcome
Reclaiming motion refused; decision of Lord Ordinary adhered to.
Legal Topics
Solicitors' Fees, Specification of Pleadings, Relevancy of Defences
Contract Law Professional Negligence Solicitors' Fees Specification of Pleadings Relevancy of Defences

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Parties

Digby Brown

Pursuers and Respondents

Laura Ackerman

Defender and Reclaimer

Procedural Posture

Reclaiming Motion / Appeal

Legal Issues

  1. 1 Whether failure by solicitors to carry out further work affects entitlement to fees for work done
  2. 2 Whether defences alleging failure are sufficiently specified

Ratio Decidendi

Defences are irrelevant due to lack of specification; no claim for damages or breach of contract was made, and entitlement to fees for work done stands.

Court Disposition

Reclaiming motion refused; decision of Lord Ordinary adhered to.

Orders

  • Reclaiming motion refused
  • Decree for restricted sum of £8,416.75 adhered to