Burrell & Son v. Russell & Co. [1900] ScotLR 38_8 (24 October 1900)

Burrell & Son v. Russell & Co. [1900] ScotLR 38_8 (24 October 1900)

There was no justification to interfere with the Auditor's decision; the fees allowed were consistent with practice and authorities, and increasing them would risk establishing an inappropriate standard.

Citation
[1900] ScotLR 38_8
Parties
Pursuer: Burrell & Son; Defender: Russell & Company
Jurisdiction
Scotland
Judgment Date
24 October 1900
Procedural Posture
Expenses Taxation Objection / Approval of Auditor's Report, Inner House
Outcome
objections repelled
Legal Topics
Expenses, Taxation, Fees to Counsel, Fees to Skilled Witnesses
Civil Procedure Expenses Taxation Fees to Counsel Fees to Skilled Witnesses

Case Brief

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Parties

Burrell & Son

Pursuer

Russell & Company

Defender

Procedural Posture

Expenses Taxation Objection / Approval of Auditor's Report, Inner House

Legal Issues

  1. 1 Whether the Auditor's reduction of fees to counsel and skilled witnesses was justified
  2. 2 Whether the complexity of the case warranted higher fees

Ratio Decidendi

There was no justification to interfere with the Auditor's decision; the fees allowed were consistent with practice and authorities, and increasing them would risk establishing an inappropriate standard.

Court Disposition

objections repelled

Orders

  • Objections to Auditor's reductions in fees to counsel and skilled witness repelled.
  • Auditor's report approved.