Pentland -Clark v.Meldrum & Anor [2011] ScotCS CSOH_94 (01 June 2011)

Pentland -Clark v.Meldrum & Anor [2011] ScotCS CSOH_94 (01 June 2011)

The proceedings on the Note of Objections were superseded by the outcome of the Judicial Review, which remitted the account of expenses to a new auditor for taxation. No determination was made on the merits of the objections due to the procedural development.

Citation
[2011] ScotCS CSOH_94
Parties
Pursuer & Noter: Joan Pentland-Clark; Fourth Defender and Respondent: Anne Meldrum Alison Maclehose or Clark
Jurisdiction
Scotland
Judgment Date
01 June 2011
Procedural Posture
Note of Objections to Auditor's Report (expenses) in Civil Litigation / Post Taxation Objections, Superseded by Judicial Review and Remittal to New Auditor
Outcome
Note of Objections dismissed as unnecessary due to supersession by Judicial Review and remittal to new auditor.
Legal Topics
Taxation of Costs, Auditor's Discretion, Party and Party Expenses, Solicitor Advocate Fees, Judicial Review of Taxation
Civil Procedure Costs and Expenses Taxation of Costs Auditor's Discretion Party and Party Expenses Solicitor Advocate Fees Judicial Review of Taxation

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Parties

Joan Pentland-Clark

Pursuer & Noter

Anne Meldrum Alison Maclehose or Clark

Fourth Defender and Respondent

Procedural Posture

Note of Objections to Auditor's Report (expenses) in Civil Litigation / Post Taxation Objections, Superseded by Judicial Review and Remittal to New Auditor

Legal Issues

  1. 1 Whether the Auditor erred in law or acted unreasonably in allowing certain fees and outlays in the Fourth Defender's account of expenses
  2. 2 Whether 'disappointment fees' and daily rates charged were excessive or improper
  3. 3 Whether the Auditor's assessment was Wednesbury unreasonable

Ratio Decidendi

The proceedings on the Note of Objections were superseded by the outcome of the Judicial Review, which remitted the account of expenses to a new auditor for taxation. No determination was made on the merits of the objections due to the procedural development.

Court Disposition

Note of Objections dismissed as unnecessary due to supersession by Judicial Review and remittal to new auditor.

Orders

  • Note of Objections dismissed