Newlands v. Gillanders [1905] ScotLR 42_571 (17 March 1905)

Newlands v. Gillanders [1905] ScotLR 42_571 (17 March 1905)

The Court sustained the pursuer's objections, holding that counsel is entitled to a fee for moving approval of the Auditor's report and the agent may charge for instructing counsel and attending the motion.

Citation
[1905] ScotLR 42_571
Parties
Pursuer: Andrew Newlands, S. S. C.; Defender: Dr Ian L. G. Gillanders; Defender: Euphemia S. Barclay or Gillanders
Jurisdiction
Scotland
Judgment Date
17 March 1905
Procedural Posture
Action for Payment of Law Agent's Business Account / Decree in Absence, Objections to Auditor's Report
Outcome
note of objections sustained; fees allowed
Legal Topics
Fees to Counsel, Agent's Account of Expenses, Taxation of Expenses
Civil Procedure Legal Expenses Fees to Counsel Agent's Account of Expenses Taxation of Expenses

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Parties

Andrew Newlands, S. S. C.

Pursuer

Dr Ian L. G. Gillanders

Defender

Euphemia S. Barclay or Gillanders

Defender

Procedural Posture

Action for Payment of Law Agent's Business Account / Decree in Absence, Objections to Auditor's Report

Legal Issues

  1. 1 Whether counsel is entitled to a fee for moving approval of Auditor's report
  2. 2 Whether agent may charge for instructing counsel and attending motion

Ratio Decidendi

The Court sustained the pursuer's objections, holding that counsel is entitled to a fee for moving approval of the Auditor's report and the agent may charge for instructing counsel and attending the motion.

Court Disposition

note of objections sustained; fees allowed

Orders

  • Counsel fee for moving approval of Auditor's report allowed
  • Agent fee for instructing counsel and attending motion allowed