Lyall and Wood v Thomson, 1993 SLT ShCt 21
Citation: Lyall and Wood v Thomson, 1993 SLT ShCt 21
Rule of thumb: In any case do you have a right to a Hearing in order for the expenses to be clearly ascertained? Yes, parties always have a right to a Hearing with fair notice in order for the expenses to be properly ascertained.
Judgment:
‘[9]Lyall & Wood was a case in this sheriffdom. A firm of solicitors raised a small claim for payment of their fees. The defender returned Form 2 having signed the boxes admitting the claim. When the sheriff (who was the same sheriff as in the present case) refused the pursuer's motion for decree and remitted their account to the auditor of court for taxation, the pursuers appealed to the sheriff principal (R D Ireland QC), arguing that in view of the defenders' express admission of the claim taxation was unnecessary. On 6 April 1992 the sheriff principal refused the appeal holding that decree could not be granted in the action without taxation. After referring to the opinion of Sheriff Thomson in Alex Morison & Co, the sheriff principal continued (at page 22): That view was not shared either by Sheriff Forbes or by Sheriff Principal Taylor in (Bruce), or by the learned sheriff in the present case. I agree with their rejection of Sheriff Thomson's view. It is always desirable to save unnecessary expense in litigation, but the taxation of solicitors' accounts is not just a matter of additional expense. Both Sheriff Principal Taylor in (Bruce), and Sheriff McLernan, in the present case, refer to their experience of cases in which taxation has made a difference to the amount ultimately charged to the client. The fact that other professional accounts are not subjected to taxation does not demonstrate that taxation is wrong when applied to a solicitor's account, and in any event the courts have always assumed responsibility for the regulation of fees charged by members of the legal profession. In my opinion the rule requiring taxation of solicitors' accounts ought to remain, at least until it is changed by legislation or by Act of Sederunt’.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.