SHANLEY AGAINST LORIMER STEWART [2018] ScotCS CSOH_101 (24 October 2018)

SHANLEY AGAINST LORIMER STEWART [2018] ScotCS CSOH_101 (24 October 2018)

The Auditor acted within his jurisdiction and discretion, applied the correct legal tests, and made reasonable decisions on the material before him. Objections based on alleged misconduct and general complaints were incompetent. No proper basis existed for interfering with the Auditor's taxation of either party's account.

Citation
[2018] ScotCS CSOH_101
Parties
Pursuer: James Shanley; Defender: Lorimer Stewart
Jurisdiction
Scotland
Judgment Date
24 October 2018
Procedural Posture
Ordinary Action for Damages (professional Negligence) / Hearing on Objections to Auditor's Reports on Taxation of Expenses
Outcome
Objections repelled; Auditor's reports upheld.
Legal Topics
Taxation of Expenses, Party and Party Scale, Agent and Client Scale, Certification of Skilled Witnesses, Additional Fee Uplift
Professional Negligence Civil Procedure Taxation of Expenses Party and Party Scale Agent and Client Scale Certification of Skilled Witnesses Additional Fee Uplift

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Parties

James Shanley

Pursuer

Lorimer Stewart

Defender

Procedural Posture

Ordinary Action for Damages (professional Negligence) / Hearing on Objections to Auditor's Reports on Taxation of Expenses

Legal Issues

  1. 1 Whether the Auditor erred in taxation of expenses
  2. 2 Whether the Auditor should have penalised the defender for alleged misconduct
  3. 3 Whether specific expenses claimed by the pursuer were reasonable

Ratio Decidendi

The Auditor acted within his jurisdiction and discretion, applied the correct legal tests, and made reasonable decisions on the material before him. Objections based on alleged misconduct and general complaints were incompetent. No proper basis existed for interfering with the Auditor's taxation of either party's account.

Court Disposition

Objections repelled; Auditor's reports upheld.

Orders

  • Objections to Auditor's reports on taxation of expenses repelled
  • No interference with Auditor's decisions