McNamara v. Alexander Stone Company [2004] ScotCS 84 (01 April 2004)

McNamara v. Alexander Stone Company [2004] ScotCS 84 (01 April 2004)

No prima facie case for reduction of the decree in foro was established; the complaint regarding VAT invoices had been raised and rejected at taxation; no new material (res noviter) was pleaded or substantiated; the reclaiming motion must be refused.

Citation
[2004] ScotCS 84
Parties
Pursuer and Reclaimer: Andrew McNamara; Defenders and Respondents: Alexander Stone & Company
Jurisdiction
Scotland
Judgment Date
01 April 2004
Procedural Posture
Reclaiming Motion / Appeal Against Interlocutor Recalling Interim Orders
Outcome
reclaiming motion refused
Legal Topics
Reduction of Decree in Foro, VAT Invoicing Requirements, Solicitors' Fees Taxation
Civil Procedure Professional Negligence Reduction of Decree in Foro VAT Invoicing Requirements Solicitors' Fees Taxation

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Parties

Andrew McNamara

Pursuer and Reclaimer

Alexander Stone & Company

Defenders and Respondents

Procedural Posture

Reclaiming Motion / Appeal Against Interlocutor Recalling Interim Orders

Legal Issues

  1. 1 Whether there is a prima facie case for reduction of a decree in foro
  2. 2 Whether failure to render VAT invoices invalidates solicitors' fee recovery
  3. 3 Whether new material (res noviter) justifies reduction

Ratio Decidendi

No prima facie case for reduction of the decree in foro was established; the complaint regarding VAT invoices had been raised and rejected at taxation; no new material (res noviter) was pleaded or substantiated; the reclaiming motion must be refused.

Court Disposition

reclaiming motion refused

Orders

  • reclaiming motion refused
  • remit to Lord Ordinary to proceed as accords