MacKintosh v. North Mile Co-Operative Ltd [2005] ScotCS CSOH_45 (24 March 2005)

MacKintosh v. North Mile Co-Operative Ltd [2005] ScotCS CSOH_45 (24 March 2005)

The Auditor misdirected himself in law by treating factors under Rule 42.14(3) as cumulative criteria and by comparing documentation to other cases rather than assessing the particular circumstances. The account of expenses must be remitted for reconsideration on the correct legal basis.

Citation
[2005] ScotCS CSOH_45
Parties
Pursuers: Helen McLean MacKintosh or Petrie and Others; Defenders: North Milk Co-Operative Limited
Jurisdiction
Scotland
Judgment Date
24 March 2005
Procedural Posture
Damages Action (expenses/taxation) / Objection to Auditor's Report on Taxation of Expenses
Outcome
Account of expenses remitted to Auditor for reconsideration; no award of expenses for procedure on note of objection.
Legal Topics
Taxation of Expenses, Additional Fee Applications, Interpretation of Rule of Court 42.14
Civil Procedure Costs and Expenses Taxation of Expenses Additional Fee Applications Interpretation of Rule of Court 42.14

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Parties

Helen McLean MacKintosh or Petrie and Others

Pursuers

North Milk Co-Operative Limited

Defenders

Procedural Posture

Damages Action (expenses/taxation) / Objection to Auditor's Report on Taxation of Expenses

Legal Issues

  1. 1 Whether the Auditor misdirected himself in refusing an additional fee under Rule of Court 42.14
  2. 2 Proper interpretation of factors under Rule 42.14(3)
  3. 3 Obligation to provide reasons for refusal of additional fee

Ratio Decidendi

The Auditor misdirected himself in law by treating factors under Rule 42.14(3) as cumulative criteria and by comparing documentation to other cases rather than assessing the particular circumstances. The account of expenses must be remitted for reconsideration on the correct legal basis.

Court Disposition

Account of expenses remitted to Auditor for reconsideration; no award of expenses for procedure on note of objection.

Orders

  • Remit pursuers' account of expenses to Auditor for further consideration of application for additional fee.
  • No award in respect of expenses of procedure on note of objection.