Frost & Anor v Unity Trust Bank Plc [2000] ScotCS 171 (21 June 2000)

No valid basis was established for interfering with the Auditor's revised determination of expenses; objections lacked merit and did not demonstrate error or partiality.

Citation: [2000] ScotCS 171
Parties: Pursuer: Martin Frost; Pursuer: Mrs Frost; Defender: Unity Trust Bank plc
Jurisdiction: Scotland
Judgment Date: 21 June 2000
Procedural Posture: Civil / Post Taxation Objections to Auditor's Report
Outcome: Objections repelled
Legal Topics: Taxation of Expenses, Party Litigant, Modification of Fees, Abandonment of Proof

Civil Procedure Taxation of Expenses Party Litigant Modification of Fees Abandonment of Proof

Case Brief

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Parties

Martin Frost

Pursuer

Mrs Frost

Pursuer

Unity Trust Bank plc

Defender

Procedural Posture

Civil / Post Taxation Objections to Auditor's Report

Legal Issues

1 Whether the Auditor's revised figures for two items in the Account of Expenses should be interfered with based on pursuers' objections
2 Whether errors in recording dates constituted lack of impartiality
3 Whether new material affects previous determination on abandonment of proof

Ratio Decidendi

No valid basis was established for interfering with the Auditor's revised determination of expenses; objections lacked merit and did not demonstrate error or partiality.

Court Disposition

Objections repelled

Orders

Objections in Notes of Objection nos. 62 and 63 are repelled