Mackay v Strathclyde Fire Board [2013] ScotCS CSOH_75 (17 March 2011)

Mackay v Strathclyde Fire Board [2013] ScotCS CSOH_75 (17 March 2011)

The cost of in-house printing of records for lodging is a necessary and reasonable outlay, not a fee, and should be allowed as such in the account of expenses, in line with long-standing practice and the absence of provision for such costs as a fee in the Table of Fees.

Citation
[2013] ScotCS CSOH_75
Parties
Pursuer: Joseph MacKay; Defender: Strathclyde Fire Board
Jurisdiction
Scotland
Judgment Date
17 March 2011
Procedural Posture
Personal Injuries Action (expenses/taxation) / Decision on Note of Objections to Auditor's Report
Outcome
Note of Objections sustained; auditor directed to include the outlay; expenses of the application awarded against the defenders.
Legal Topics
Taxation of Costs, Outlays, Personal Injury Procedure, In House Printing Costs
Civil Procedure Costs and Expenses Taxation of Costs Outlays Personal Injury Procedure In House Printing Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Joseph MacKay

Pursuer

Strathclyde Fire Board

Defender

Procedural Posture

Personal Injuries Action (expenses/taxation) / Decision on Note of Objections to Auditor's Report

Legal Issues

  1. 1 Whether in-house printing costs for lodging records can be claimed as an outlay in the account of expenses
  2. 2 Whether such costs should be treated as a fee or an outlay under the Table of Fees

Ratio Decidendi

The cost of in-house printing of records for lodging is a necessary and reasonable outlay, not a fee, and should be allowed as such in the account of expenses, in line with long-standing practice and the absence of provision for such costs as a fee in the Table of Fees.

Court Disposition

Note of Objections sustained; auditor directed to include the outlay; expenses of the application awarded against the defenders.

Orders

  • Auditor to include the outlay for in-house printing costs in the account of expenses.
  • Expenses of the application awarded against the first defenders.