APPEAL BY ALASDAIR McNABB IN THE CAUSE McKAY & NORWELL WS AGAINST ALASDAIR McNABB [2014] ScotSC 88 (17 September 2014)

APPEAL BY ALASDAIR McNABB IN THE CAUSE McKAY & NORWELL WS AGAINST ALASDAIR McNABB [2014] ScotSC 88 (17 September 2014)

The sheriff's findings on liability for fees and assessment of evidence were justified and supported by the evidence; no agreement to restrict fees was proven; allegations of professional negligence were unsupported and properly disregarded; the sheriff's discretionary decisions, including sanction for counsel, were not open to interference on appeal.

Citation
[2014] ScotSC 88
Parties
Pursuers and Respondents: McKAY & NORWELL WS; Defender and Appellant: ALASDAIR McNABB
Jurisdiction
Scotland
Judgment Date
17 September 2014
Procedural Posture
Civil Appeal / Appeal Against Sheriff's Interlocutor Following Proof
Outcome
Appeal refused; sheriff's interlocutors adhered to; appellant found liable in expenses of appeal.
Legal Topics
Solicitors' Fees, Professional Negligence Allegations, Appeal Procedure, Sanction for Counsel, Assessment of Evidence
Civil Procedure Contract Law Professional Negligence Solicitors' Fees Professional Negligence Allegations Appeal Procedure Sanction for Counsel Assessment of Evidence

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Parties

McKAY & NORWELL WS

Pursuers and Respondents

ALASDAIR McNABB

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal Against Sheriff's Interlocutor Following Proof

Legal Issues

  1. 1 Whether the sheriff erred in finding the appellant liable for solicitors' fees
  2. 2 Whether the sheriff failed to address allegations of professional negligence and inadequate service
  3. 3 Whether the sheriff erred in assessment of evidence and findings of fact

Ratio Decidendi

The sheriff's findings on liability for fees and assessment of evidence were justified and supported by the evidence; no agreement to restrict fees was proven; allegations of professional negligence were unsupported and properly disregarded; the sheriff's discretionary decisions, including sanction for counsel, were not open to interference on appeal.

Court Disposition

Appeal refused; sheriff's interlocutors adhered to; appellant found liable in expenses of appeal.

Orders

  • Refusal of appeal
  • Adherence to interlocutors of 27 November 2013 and 12 December 2013