Honer v. Wilson [2006] ScotCS CSOH_166 (19 October 2006)

Honer v. Wilson [2006] ScotCS CSOH_166 (19 October 2006)

The auditor is entitled to include the additional fee claimed (even if quantified orally at the taxation diet) in the calculation of fee fund dues, as the 'amount of account as submitted' encompasses both written and oral submissions regarding the amount claimed. The additional fee forms part of the account of expenses for taxation, and the practice does not infringe Article 6 ECHR requirements for impartiality.

Citation
[2006] ScotCS CSOH_166
Parties
First Named Pursuer: Mr Richard Honer; Second Named Pursuer: Mrs Mandy Honer (as individual and as guardian of Richard Honer and Courtney Honer); Defender: Mr John Oliver Wilson; Auditor: Auditor of Court
Jurisdiction
Scotland
Judgment Date
19 October 2006
Procedural Posture
Note of Objections to Auditor's Report (civil Expenses Taxation) / Hearing on Objections to Auditor's Calculation of Fee Fund Dues
Outcome
Objections in the Note of Objections repelled; auditor's calculation of fee fund dues upheld.
Legal Topics
Taxation of Costs, Fee Fund Dues, Additional Fee Under Rule of Court 42.14, Interpretation of Table of Fees, Human Rights Act (article 6 Echr)
Civil Procedure Costs and Expenses Taxation of Costs Fee Fund Dues Additional Fee Under Rule of Court 42.14 Interpretation of Table of Fees Human Rights Act (article 6 Echr)

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Parties

Mr Richard Honer

First Named Pursuer

Mrs Mandy Honer (as individual and as guardian of Richard Honer and Courtney Honer)

Second Named Pursuer

Mr John Oliver Wilson

Defender

Auditor of Court

Auditor

Procedural Posture

Note of Objections to Auditor's Report (civil Expenses Taxation) / Hearing on Objections to Auditor's Calculation of Fee Fund Dues

Legal Issues

  1. 1 Whether the auditor is entitled to include an additional fee (under Rule 42.14) in the sum on which fee fund dues are calculated
  2. 2 Whether 'amount of account as submitted' includes orally claimed additional fee
  3. 3 Whether auditor's calculation method raises Article 6 ECHR impartiality concerns

Ratio Decidendi

The auditor is entitled to include the additional fee claimed (even if quantified orally at the taxation diet) in the calculation of fee fund dues, as the 'amount of account as submitted' encompasses both written and oral submissions regarding the amount claimed. The additional fee forms part of the account of expenses for taxation, and the practice does not infringe Article 6 ECHR requirements for impartiality.

Court Disposition

Objections in the Note of Objections repelled; auditor's calculation of fee fund dues upheld.

Orders

  • Objections to auditor's report repelled
  • Matter put out By Order for consideration of expenses