Spence Or Urquhart v Ayrshire & Arran Health Board [2000] ScotCS 146 (2 June 2000)

Spence Or Urquhart v Ayrshire & Arran Health Board [2000] ScotCS 146 (2 June 2000)

The note of objections procedure under Rule of Court 42.4 is designed for objections to specific items in the Auditor's report, not for challenging the procedure as a whole; therefore, the defenders' objection was incompetent and must be repelled.

Citation
[2000] ScotCS 146
Parties
Pursuer: Kathleen Donald Spence or Urquhart; Defenders: Ayrshire & Arran Health Board
Jurisdiction
Scotland
Judgment Date
02 June 2000
Procedural Posture
Action of Damages (expenses Taxation) / Hearing on Note of Objections to Auditor's Report
Outcome
objection repelled
Legal Topics
Taxation of Expenses, Procedural Fairness, Practice Notes, Rules of Court
Civil Procedure Costs and Expenses Taxation of Expenses Procedural Fairness Practice Notes Rules of Court

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Parties

Kathleen Donald Spence or Urquhart

Pursuer

Ayrshire & Arran Health Board

Defenders

Procedural Posture

Action of Damages (expenses Taxation) / Hearing on Note of Objections to Auditor's Report

Legal Issues

  1. 1 Whether the Auditor acted unreasonably by refusing to consider objections not lodged in accordance with Practice Note No. 3 of 1993
  2. 2 Whether the note of objections procedure under Rule of Court 42.4 is competent for challenging the Auditor's procedure rather than specific items

Ratio Decidendi

The note of objections procedure under Rule of Court 42.4 is designed for objections to specific items in the Auditor's report, not for challenging the procedure as a whole; therefore, the defenders' objection was incompetent and must be repelled.

Court Disposition

objection repelled

Orders

  • Objection in the note repelled.
  • No further order on the matters raised.