KIDD v PAULL WILLIAMSONS LLP & Anor [2017] ScotCS CSOH_124 (26 September 2017))

KIDD v PAULL WILLIAMSONS LLP & Anor [2017] ScotCS CSOH_124 (26 September 2017))

The court has discretion to depart from the ordinary procedure for recovery of expenses and may order interim payment where sufficient reason exists. In this case, the scale, complexity, ongoing litigation costs, and the size of the sum likely to be found due justify an interim payment. The defenders' conduct does not constitute a special reason for further interim payment.

Citation
[2017] ScotCS CSOH_124
Parties
Pursuer: Robert Kidd; First Defender: Paull & Williamsons LLP; Second Defender: Burness Paull LLP
Jurisdiction
Scotland
Judgment Date
26 September 2017
Procedural Posture
Civil Action for Damages / Interlocutory Motion for Interim Payment of Expenses
Outcome
motion granted in part
Legal Topics
Interim Payment of Expenses, Agent and Client, Client Paying Basis, Taxation of Expenses
Civil Procedure Expenses Interim Payment of Expenses Agent and Client, Client Paying Basis Taxation of Expenses

Case Brief

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Parties

Robert Kidd

Pursuer

Paull & Williamsons LLP

First Defender

Burness Paull LLP

Second Defender

Procedural Posture

Civil Action for Damages / Interlocutory Motion for Interim Payment of Expenses

Legal Issues

  1. 1 Is the court competent to order an interim payment of expenses before taxation?
  2. 2 What circumstances justify an interim payment of expenses prior to taxation?
  3. 3 What is the appropriate amount for interim payment of expenses?

Ratio Decidendi

The court has discretion to depart from the ordinary procedure for recovery of expenses and may order interim payment where sufficient reason exists. In this case, the scale, complexity, ongoing litigation costs, and the size of the sum likely to be found due justify an interim payment. The defenders' conduct does not constitute a special reason for further interim payment.

Court Disposition

motion granted in part

Orders

  • Defenders to make interim payment to pursuer of £1,000,000 within 14 days.
  • Interest to accrue at judicial rate after 14 days from interlocutor.