RECLAIMING MOTION IN THE CAUSE OF MARGARET JANIS KIRKWOOD AGAINST THELEM ASSURANCES [2023] ScotCS CSIH_30 (19 July 2023)

RECLAIMING MOTION IN THE CAUSE OF MARGARET JANIS KIRKWOOD AGAINST THELEM ASSURANCES [2023] ScotCS CSIH_30 (19 July 2023)

It was not reasonable for the pursuer to instruct English solicitors as principal agents for the conduct of Scottish litigation; only expenses for work reasonably instructed by Scottish solicitors are recoverable. The Auditor's decision to disallow the English solicitors' fees was within his discretion and not unreasonable or in error of law.

Citation
[2023] ScotCS CSIH_30
Parties
Pursuer and Reclaimer: Margaret Janis Kirkwood; Defenders and Respondents: Thelem Assurances
Jurisdiction
Scotland
Judgment Date
19 July 2023
Procedural Posture
Reclaiming Motion (appeal) in Civil Litigation (expenses) / Appeal From Decision of Lord Ordinary Upholding Auditor's Taxation of Expenses
Outcome
Reclaiming motion refused; Lord Ordinary's interlocutors adhered to.
Legal Topics
Taxation of Expenses, Recoverability of Foreign Solicitors' Fees, Reasonableness of Legal Costs, Jurisdictional Requirements for Legal Representation
Civil Procedure Legal Costs Taxation of Expenses Recoverability of Foreign Solicitors' Fees Reasonableness of Legal Costs Jurisdictional Requirements for Legal Representation

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Parties

Margaret Janis Kirkwood

Pursuer and Reclaimer

Thelem Assurances

Defenders and Respondents

Procedural Posture

Reclaiming Motion (appeal) in Civil Litigation (expenses) / Appeal From Decision of Lord Ordinary Upholding Auditor's Taxation of Expenses

Legal Issues

  1. 1 Whether fees of English solicitors instructed by a Scottish pursuer in Scottish litigation are recoverable from the defenders as expenses
  2. 2 Whether it was reasonable for the pursuer to instruct English solicitors for the conduct of the cause
  3. 3 Whether the Auditor and Lord Ordinary erred in law or discretion in disallowing the English solicitors' fees

Ratio Decidendi

It was not reasonable for the pursuer to instruct English solicitors as principal agents for the conduct of Scottish litigation; only expenses for work reasonably instructed by Scottish solicitors are recoverable. The Auditor's decision to disallow the English solicitors' fees was within his discretion and not unreasonable or in error of law.

Court Disposition

Reclaiming motion refused; Lord Ordinary's interlocutors adhered to.

Orders

  • Refusal of reclaiming motion
  • Adherence to Lord Ordinary's interlocutors of 10 August 2022