FKENING & REID, SOLCITORS IN THE CAUSE BALFOUR & MANSON, LLP AGAINST FLEMING & REID, SOLICITORS [2014] ScotSC 30 (03 June 2014)

FKENING & REID, SOLCITORS IN THE CAUSE BALFOUR & MANSON, LLP AGAINST FLEMING & REID, SOLICITORS [2014] ScotSC 30 (03 June 2014)

The pleadings and incorporated fee notes, together with the professional relationship and prior payment of invoices without objection, provided sufficient specification to allow proof before answer. The absence of averments as to hours worked and charge out rates was not fatal in the circumstances. The sheriff was correct to refuse dismissal for lack of specification.

Citation
[2014] ScotSC 30
Parties
Pursuers & Respondents: Balfour & Manson, LLP; Defenders & Appellants: Fleming & Reid, Solicitors
Jurisdiction
Scotland
Judgment Date
03 June 2014
Procedural Posture
Appeal / Appeal Against Sheriff's Interlocutor Allowing Proof Before Answer
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Specification of Pleadings, Professional Fees, Quantum Meruit, Solicitor Client Relationship
Civil Procedure Contract Law Specification of Pleadings Professional Fees Quantum Meruit Solicitor Client Relationship

Case Brief

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Parties

Balfour & Manson, LLP

Pursuers & Respondents

Fleming & Reid, Solicitors

Defenders & Appellants

Procedural Posture

Appeal / Appeal Against Sheriff's Interlocutor Allowing Proof Before Answer

Legal Issues

  1. 1 Whether the pursuers' pleadings provide sufficient specification regarding the basis of charging professional fees to justify proof before answer
  2. 2 Whether lack of averments as to hours worked and charge out rates is fatal to the pursuers' case

Ratio Decidendi

The pleadings and incorporated fee notes, together with the professional relationship and prior payment of invoices without objection, provided sufficient specification to allow proof before answer. The absence of averments as to hours worked and charge out rates was not fatal in the circumstances. The sheriff was correct to refuse dismissal for lack of specification.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Remit to sheriff to proceed with further procedure and fix a Chapter 18 hearing on the minute of amendment for the pursuers and respondents.
  • Appellants found liable to respondents in expenses of the appeal.