GRAEME EDWARD & MRS ELLEN EDWARD v. JILL DAWN TAYLOR OR PORTER & ROBERT ALEXANDER PORTER [2012] ScotSC 13 (01 February 2012)

GRAEME EDWARD & MRS ELLEN EDWARD v. JILL DAWN TAYLOR OR PORTER & ROBERT ALEXANDER PORTER [2012] ScotSC 13 (01 February 2012)

A solicitor acting in his own cause is entitled to charge for work actually done by himself, partners, or employees, except for items rendered unnecessary by acting for himself; the auditor's report was properly approved and the appeal fails as no reduction in expenses would result from a remit.

Citation
[2012] ScotSC 13
Parties
Pursuer/respondent: Graeme Edward; Pursuer/respondent: Mrs Ellen Edward; First Defender/appellant: Robert Alexander Porter; Second Defender: Jill Dawn Taylor or Porter
Jurisdiction
Scotland
Judgment Date
01 February 2012
Procedural Posture
Appeal / Judgment on Appeal Against Interlocutor Approving Auditor's Report on Expenses
Outcome
appeal refused
Legal Topics
Solicitor Acting in Own Cause, Taxation of Expenses, Party Litigant Costs, Professional Charges, VAT on Legal Fees
Civil Procedure Costs and Expenses Solicitor Acting in Own Cause Taxation of Expenses Party Litigant Costs Professional Charges VAT on Legal Fees

Case Brief

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Parties

Graeme Edward

Pursuer/respondent

Mrs Ellen Edward

Pursuer/respondent

Robert Alexander Porter

First Defender/appellant

Jill Dawn Taylor or Porter

Second Defender

Procedural Posture

Appeal / Judgment on Appeal Against Interlocutor Approving Auditor's Report on Expenses

Legal Issues

  1. 1 Whether a solicitor acting in his own cause is entitled to professional charges in expenses
  2. 2 Whether husband and wife pursuers should be treated as separate parties for expenses
  3. 3 Whether VAT and certain fees were properly allowed in the taxed account

Ratio Decidendi

A solicitor acting in his own cause is entitled to charge for work actually done by himself, partners, or employees, except for items rendered unnecessary by acting for himself; the auditor's report was properly approved and the appeal fails as no reduction in expenses would result from a remit.

Court Disposition

appeal refused

Orders

  • appeal refused and interlocutor of sheriff dated 8 June 2011 adhered to
  • first defender and appellant found liable to pursuers and respondents in expenses of appeal