Pentland-Clarkfor, Re Judicial Review [2011] ScotCS CSOH_41 (02 March 2011)

Pentland-Clarkfor, Re Judicial Review [2011] ScotCS CSOH_41 (02 March 2011)

The facts established a material link between the Auditor's former firm and the Petitioner, and the objective guarantees of impartiality were insufficient to dispel legitimate doubts as to the Auditor's impartiality. Therefore, the taxations of expenses did not comply with Article 6 ECHR, and must be suspended and remitted to another Auditor.

Citation
[2011] ScotCS CSOH_41
Parties
Petitioner: Mrs Joan Pentland-Clark; Respondents: First, Second and Third Respondents; Respondent: Fourth Respondent
Jurisdiction
Scotland
Judgment Date
02 March 2011
Procedural Posture
Judicial Review / First Hearing and Final Judgment
Outcome
Petition granted in part; taxations suspended; accounts to be remitted to another Auditor.
Legal Topics
Impartiality of Tribunal, Taxation of Expenses, Article 6 ECHR, Conflict of Interest, Auditor of Court of Session
Civil Procedure Judicial Review Legal Costs Impartiality of Tribunal Taxation of Expenses Article 6 ECHR Conflict of Interest Auditor of Court of Session

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Parties

Mrs Joan Pentland-Clark

Petitioner

First, Second and Third Respondents

Respondents

Fourth Respondent

Respondent

Procedural Posture

Judicial Review / First Hearing and Final Judgment

Legal Issues

  1. 1 Whether the Auditor of the Court of Session was objectively impartial in taxing expenses where a material link existed between the Auditor's former firm and the Petitioner
  2. 2 Whether the taxation of expenses complied with Article 6 ECHR requirements for an independent and impartial tribunal

Ratio Decidendi

The facts established a material link between the Auditor's former firm and the Petitioner, and the objective guarantees of impartiality were insufficient to dispel legitimate doubts as to the Auditor's impartiality. Therefore, the taxations of expenses did not comply with Article 6 ECHR, and must be suspended and remitted to another Auditor.

Court Disposition

Petition granted in part; taxations suspended; accounts to be remitted to another Auditor.

Orders

  • Sustain the Petitioner's second plea-in-law.
  • Suspend the taxations complained of.