SHANLEY, RECLAIMING MOTION BY JAMES MICHAEL SHANLEY AGAINST LORIMER STEWART [2019] ScotCS CSIH_15 (22 March 2019)

SHANLEY, RECLAIMING MOTION BY JAMES MICHAEL SHANLEY AGAINST LORIMER STEWART [2019] ScotCS CSIH_15 (22 March 2019)

The Auditor's discretion in taxation of expenses is broad and only subject to limited review; objections must relate to specific items, not general conduct. The Auditor acted reasonably in disallowing expenses not relevant to the final pleadings, refusing fees for English counsel, and fixing a 20% uplift. No legal error or unreasonable exercise of discretion was shown.

Citation
[2019] ScotCS CSIH_15
Parties
Pursuer and Reclaimer: James Michael Shanley; Defender and Respondent: Lorimer Stewart
Jurisdiction
Scotland
Judgment Date
22 March 2019
Procedural Posture
Reclaiming Motion (appeal) / Post Taxation, Appeal From Commercial Judge's Interlocutor
Outcome
Reclaiming motion refused.
Legal Topics
Taxation of Expenses, Auditor's Discretion, Party and Party Scale, Agent and Client Scale, Certification of Skilled Persons
Civil Procedure Costs and Expenses Taxation of Expenses Auditor's Discretion Party and Party Scale Agent and Client Scale Certification of Skilled Persons

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Parties

James Michael Shanley

Pursuer and Reclaimer

Lorimer Stewart

Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) / Post Taxation, Appeal From Commercial Judge's Interlocutor

Legal Issues

  1. 1 Scope of Auditor's jurisdiction in taxation of expenses
  2. 2 Court's power to interfere with Auditor's determinations
  3. 3 Allowability of specific expense items

Ratio Decidendi

The Auditor's discretion in taxation of expenses is broad and only subject to limited review; objections must relate to specific items, not general conduct. The Auditor acted reasonably in disallowing expenses not relevant to the final pleadings, refusing fees for English counsel, and fixing a 20% uplift. No legal error or unreasonable exercise of discretion was shown.

Court Disposition

Reclaiming motion refused.

Orders

  • Auditor's taxation upheld.
  • No interference with specific items disallowed or abated.