Jarvie v. Greater Glasgow Primary Health Care Trust [2006] ScotCS CSOH_42 (15 March 2006)

Jarvie v. Greater Glasgow Primary Health Care Trust [2006] ScotCS CSOH_42 (15 March 2006)

The Auditor's decisions to tax off certain fees and limit others were reasonable, based on objective assessment of what expenses were properly recoverable for conducting the cause, and no grounds for interference were established.

Citation
[2006] ScotCS CSOH_42
Parties
Pursuer: Kathyrn Jane Jarvie; Defender: Greater Glasgow Primary Care NHS Trust
Jurisdiction
Scotland
Judgment Date
15 March 2006
Procedural Posture
Personal Injury Damages / Review of Auditor's Taxation of Expenses Following Abandonment
Outcome
Objections repelled; Auditor's taxation upheld.
Legal Topics
Latex Allergy, Statutory Duty, Expenses Taxation, Consultation Fees, Counsel's Fees, Expert Witness Fees, Additional Fee Uplift
Personal Injury Employment Law Civil Procedure Latex Allergy Statutory Duty Expenses Taxation Consultation Fees Counsel's Fees +2 more

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Parties

Kathyrn Jane Jarvie

Pursuer

Greater Glasgow Primary Care NHS Trust

Defender

Procedural Posture

Personal Injury Damages / Review of Auditor's Taxation of Expenses Following Abandonment

Legal Issues

  1. 1 Whether certain fees and expenses claimed by defenders were reasonably incurred for conducting the cause in a proper manner and recoverable on a party and party taxation

Ratio Decidendi

The Auditor's decisions to tax off certain fees and limit others were reasonable, based on objective assessment of what expenses were properly recoverable for conducting the cause, and no grounds for interference were established.

Court Disposition

Objections repelled; Auditor's taxation upheld.

Orders

  • No further sums allowed beyond Auditor's taxed account.
  • Pursuer remains liable for £69,154.10 in expenses to defenders.