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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Campbell's Executors v. Campbell's Trustees [1866] ScotLR 2_89 (19 June 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0089.html Cite as: [1866] SLR 2_89, [1866] ScotLR 2_89 |
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Page: 89↓
( ante p. 12)
Held that in taxation of expenses as betwixt party and party the fees of only two counsel at a jury trial should be allowed except in exceptional cases; and the fees of a third counsel accordingly disallowed.
This case was tried before Lord Jerviswoode and a jury. The trial lasted three days. The defenders, who gained the verdict, had three counsel — the Lord Advocate, the Solicitor-General, and Mr Fraser. In their account cf expenses they charged as fees to the Lord Advocate thirty guineas for the first day, twenty for the second, and ten for the third. The same fees were charged for the Solicitor-General; and for Mr Fraser twenty, fifteen, and ten guineas for the three days respectively.
The Auditor reported that if three counsel were to be allowed as against the unsuccessful party (a point which he left to the Court), he thought the fees charged, considering the nature of the case, were not unreasonable.
The defenders maintained that in this case they should not be required to pay for more than two counsel, and also that the fees charged were excessive. They cited on the first point Walker, 19th July 1862, 24 D. 1441; and on the second Cooper and Wood v. North British Railway Company, 19th December 1863, 2 Macph. 346; and Hubback v. North British Railway Company, 25th June 1864, 2 Macph. 1291.
The Court having taken time to consider, the case was advised to-day.
The Lord President said—It has long been the rule that as betwixt party and party no more than two counsel should be allowed to be charged for against the adverse party, unless in exceptional cases. That rule the Court has no desire to depart from, and the question is whether this is an exceptional case. We think there is nothing in any way exceptional in the present case. The case was no doubt an important one, and to the defenders as well as the pursuers an anxious one, but the parole evidence was not voluminous, and the documentary evidence, though considerable, could not have required much expiscation, for it had been a long time under the consideration of counsel. We are therefore of opinion that one senior and one junior counsel was the proper staff for conducting this case; and we therefore disallow the fees of one of the seniors—it does not matter which, for they are the same in amount. We see no reason for interfering further.
Counsel for Pursuers— Clark, Gifford, and John Hunter. Agents— A. & A. Campbell, W.S.
Counsel for Defenders— Lord Advocate, Solicitor-General, and Fraser. Agents— Webster & Sprott, S.S.C.
