Dingley v Chief Constable Strathclyde Police [2002] ScotCS 270 (09 October 2002)

Dingley v Chief Constable Strathclyde Police [2002] ScotCS 270 (09 October 2002)

The Auditor erred by failing to provide adequate reasons or breakdown for his assessment of counsel's fees, and by departing from the customary charging structure for House of Lords appeals without justification. The agent and client, third party paying basis should not result in materially higher fees than the party and party basis for the same work. The matter must be remitted to the Auditor for reconsideration and a further report, with directions to receive further submissions.

Citation
[2002] ScotCS 270
Parties
Pursuer: Nicholas Dingley (A. P.); Defender: Chief Constable of Strathclyde Police
Jurisdiction
Scotland
Judgment Date
09 October 2002
Procedural Posture
Note of Objections to Auditor's Report (expenses) / Outer House, Court of Session, Post House of Lords Appeal
Outcome
Objection sustained; Auditor's report remitted for reconsideration.
Legal Topics
Taxation of Counsel's Fees, Legal Aid, Agent and Client, Third Party Paying Basis, Party and Party Expenses
Civil Procedure Costs and Expenses Taxation of Counsel's Fees Legal Aid Agent and Client, Third Party Paying Basis Party and Party Expenses

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Parties

Nicholas Dingley (A. P.)

Pursuer

Chief Constable of Strathclyde Police

Defender

Procedural Posture

Note of Objections to Auditor's Report (expenses) / Outer House, Court of Session, Post House of Lords Appeal

Legal Issues

  1. 1 Whether the Auditor erred in his assessment and reasoning for counsel's fees payable by the Scottish Legal Aid Board for an unsuccessful House of Lords appeal
  2. 2 Proper approach to taxation of counsel's fees on an agent and client, third party paying basis in legally aided cases

Ratio Decidendi

The Auditor erred by failing to provide adequate reasons or breakdown for his assessment of counsel's fees, and by departing from the customary charging structure for House of Lords appeals without justification. The agent and client, third party paying basis should not result in materially higher fees than the party and party basis for the same work. The matter must be remitted to the Auditor for reconsideration and a further report, with directions to receive further submissions.

Court Disposition

Objection sustained; Auditor's report remitted for reconsideration.

Orders

  • Matter remitted to the Auditor for reconsideration and further report.
  • Auditor directed to receive and consider further written and oral submissions.