Frost & Anor v Unity Trust Bank Plc [1999] ScotCS 120 (21 May 1999)

Frost & Anor v Unity Trust Bank Plc [1999] ScotCS 120 (21 May 1999)

The Auditor erred in taking into account, as a general factor, the fact that the pursuers were party litigants in fixing certain counsel's fees; otherwise, the Auditor's determinations were within his discretion and not open to interference.

Citation
[1999] ScotCS 120
Parties
Pursuer: Martin Frost; Pursuer: Another (Mrs. Frost); Defender: Unity Trust Bank plc
Jurisdiction
Scotland
Judgment Date
21 May 1999
Procedural Posture
Civil (expenses/taxation) / Hearing of Notes of Objection to Auditor's Reports on Taxation of Expenses
Outcome
Objections mostly repelled; objections to two items sustained to limited extent; Auditor ordered to reconsider those items without regard to general party litigant status.
Legal Topics
Taxation of Expenses, Party Litigants, Auditor's Discretion, Joint and Several Liability, Abandonment of Action
Civil Procedure Costs and Expenses Taxation of Expenses Party Litigants Auditor's Discretion Joint and Several Liability Abandonment of Action

Case Brief

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Parties

Martin Frost

Pursuer

Another (Mrs. Frost)

Pursuer

Unity Trust Bank plc

Defender

Procedural Posture

Civil (expenses/taxation) / Hearing of Notes of Objection to Auditor's Reports on Taxation of Expenses

Legal Issues

  1. 1 Whether the Auditor erred in allowing certain charges in the account of expenses, particularly by taking into account the general fact that the pursuers were party litigants.
  2. 2 Whether specific items in the taxed accounts were excessive or unjustified.
  3. 3 Whether the liability for expenses should be distinguished between the two pursuers or restricted in time.

Ratio Decidendi

The Auditor erred in taking into account, as a general factor, the fact that the pursuers were party litigants in fixing certain counsel's fees; otherwise, the Auditor's determinations were within his discretion and not open to interference.

Court Disposition

Objections mostly repelled; objections to two items sustained to limited extent; Auditor ordered to reconsider those items without regard to general party litigant status.

Orders

  • Objections in Notes of Objection Nos. 41, 43, 42, and 44 (except 3(vi) and 3(viii)) repelled.
  • Objections 3(vi) and 3(viii) sustained to the extent that the Auditor must reconsider the relevant items without regard to general party litigant considerations.