Stuart v. Bulger [2008] ScotCS CSOH_102 (15 July 2008)

Stuart v. Bulger [2008] ScotCS CSOH_102 (15 July 2008)

It is competent for the Court of Session to entertain and adjudicate, within the process of the original action, a claim by a solicitor against a former client for payment of taxed expenses, even after the action has concluded. However, the Court is not bound to grant summary decree for the taxed sum; where liability is disputed, further procedure is required to resolve factual and legal issues between solicitor and client.

Citation
[2008] ScotCS CSOH_102
Parties
Pursuer: Douglas Stuart; Defender: Doreen Bulger; Pursuer's Former Solicitors: Anderson Strathearn W.S. and MSM Solicitors
Jurisdiction
Scotland
Judgment Date
15 July 2008
Procedural Posture
Civil Expenses/costs Dispute (post Settlement) / Motion for Decree by Former Solicitors Against Client Following Taxation of Account
Outcome
No decree granted; case put out By Order for further procedure to resolve disputed issues between pursuer and former solicitors.
Legal Topics
Taxation of Solicitor Client Accounts, Competency of Court Procedure for Solicitor's Fees, Interpretation of Court of Session Rules, Solicitor Client Liability for Expenses
Civil Procedure Legal Profession Taxation of Solicitor Client Accounts Competency of Court Procedure for Solicitor's Fees Interpretation of Court of Session Rules Solicitor Client Liability for Expenses

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Parties

Douglas Stuart

Pursuer

Doreen Bulger

Defender

Anderson Strathearn W.S. and MSM Solicitors

Pursuer's Former Solicitors

Procedural Posture

Civil Expenses/costs Dispute (post Settlement) / Motion for Decree by Former Solicitors Against Client Following Taxation of Account

Legal Issues

  1. 1 Is it competent for the Court of Session to grant decree in favour of a solicitor against a former client for taxed expenses within the original action?
  2. 2 What is the effect of Rule of Court 42.7 on the recovery of solicitor-client expenses?
  3. 3 Does the Auditor's report on taxation of expenses create a direct liability for the client absent further procedure?

Ratio Decidendi

It is competent for the Court of Session to entertain and adjudicate, within the process of the original action, a claim by a solicitor against a former client for payment of taxed expenses, even after the action has concluded. However, the Court is not bound to grant summary decree for the taxed sum; where liability is disputed, further procedure is required to resolve factual and legal issues between solicitor and client.

Court Disposition

No decree granted; case put out By Order for further procedure to resolve disputed issues between pursuer and former solicitors.

Orders

  • Case to be put out By Order for discussion of further procedure.
  • Parties to consider lodging Minutes setting out factual and legal contentions.