Bennett & Robertson, Solicitors. v. Strachan [2006] ScotSC 44 (01 May 2006)

Bennett & Robertson, Solicitors. v. Strachan [2006] ScotSC 44 (01 May 2006)

The defender failed to prove any deviation from normal professional practice or lack of skill and care by the pursuers. No expert evidence was led to establish professional negligence. The criticisms raised by the defender did not amount to a material breach of contract or justify non-payment. The pursuers are entitled to payment of their second fee note.

Citation
[2006] ScotSC 44
Parties
Pursuer: Bennett & Robertson LLP, Solicitors; Defender: Paul Strachan
Jurisdiction
Scotland
Judgment Date
01 May 2006
Procedural Posture
Civil (ordinary Action for Payment of Professional Fees) / Judgment After Proof (trial)
Outcome
Decree granted for the pursuers; defender found liable for payment and expenses.
Legal Topics
Solicitors' Fees, Breach of Contract, Standard of Care for Solicitors, Termination of Agency, Remedies for Inadequate Professional Services
Contract Law Professional Negligence Agency Law Solicitors' Fees Breach of Contract Standard of Care for Solicitors Termination of Agency Remedies for Inadequate Professional Services

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Parties

Bennett & Robertson LLP, Solicitors

Pursuer

Paul Strachan

Defender

Procedural Posture

Civil (ordinary Action for Payment of Professional Fees) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuers (solicitors) are entitled to payment of their second fee note for professional services rendered to the defender
  2. 2 Whether the pursuers breached their contractual or professional duties to the defender, thereby justifying non-payment
  3. 3 Whether the defender proved any deviation from normal professional practice or lack of skill and care by the pursuers

Ratio Decidendi

The defender failed to prove any deviation from normal professional practice or lack of skill and care by the pursuers. No expert evidence was led to establish professional negligence. The criticisms raised by the defender did not amount to a material breach of contract or justify non-payment. The pursuers are entitled to payment of their second fee note.

Court Disposition

Decree granted for the pursuers; defender found liable for payment and expenses.

Orders

  • Decree against the defender for payment to the pursuers of £2,601.50 with interest at 3% per annum above the Royal Bank of Scotland base rate from 26 June 2004 until payment.
  • Defender found liable to the pursuers in the expenses of the action; account to be taxed by the Auditor of Court.