Gupta v. Ross [2005] ScotCS CSIH_1 (11 January 2005)

Gupta v. Ross [2005] ScotCS CSIH_1 (11 January 2005)

A Note of Objections under Rule of Court 42.4 must specify particular items in the account taxed to which objection is taken; general criticisms of the Auditor or procedure are not competent grounds for objection. As the pursuer and appellant failed to specify any such items, the Note of Objections was incompetent and must be repelled.

Citation
[2005] ScotCS CSIH_1
Parties
Pursuer and Appellant: Arun Gupta; Defender and Respondent: Fiona Emma Ross
Jurisdiction
Scotland
Judgment Date
11 January 2005
Procedural Posture
Note of Objections to Auditor's Report in Civil Expenses Taxation / Appeal/hearing on Note of Objections
Outcome
Note of Objections repelled; appeal dismissed.
Legal Topics
Taxation of Costs, Court Procedure, Objections to Auditor's Report
Civil Procedure Taxation of Costs Court Procedure Objections to Auditor's Report

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Parties

Arun Gupta

Pursuer and Appellant

Fiona Emma Ross

Defender and Respondent

Procedural Posture

Note of Objections to Auditor's Report in Civil Expenses Taxation / Appeal/hearing on Note of Objections

Legal Issues

  1. 1 Whether the Note of Objections by the pursuer and appellant was competently stated under Rule of Court 42.4
  2. 2 Whether objections to the Auditor's report must specify particular items in the account taxed
  3. 3 Whether general criticisms of the Auditor and procedure are competent in a Note of Objections

Ratio Decidendi

A Note of Objections under Rule of Court 42.4 must specify particular items in the account taxed to which objection is taken; general criticisms of the Auditor or procedure are not competent grounds for objection. As the pursuer and appellant failed to specify any such items, the Note of Objections was incompetent and must be repelled.

Court Disposition

Note of Objections repelled; appeal dismissed.

Orders

  • Note of Objections by the pursuer and appellant repelled.