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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brady v. Watson [1881] ScotLR 18_450 (15 March 1881)
URL: http://www.bailii.org/scot/cases/ScotCS/1881/18SLR0450.html
Cite as: [1881] ScotLR 18_450, [1881] SLR 18_450

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SCOTTISH_SLR_Court_of_Session

Page: 450↓

Court of Session Inner House First Division.

Tuesday, March 15. 1881.

18 SLR 450

Brady

v.

Watson.

Subject_1Expenses
Subject_2Fees to Counsel
Subject_3Where Case has Extended over more than One Day.
Facts:

Held that the fact that a case has extended over more than one day is not a reason why an additional fee should be sent to counsel, unless the amount of time, trouble, and attention required more than fairly fall within the original fee.

Headnote:

In this case the facts sufficiently appear from the opinion of the Lord President, infra.

 Judgment:

At advising—

Lord President—In this note objection is taken to the Auditor's report of taxation in respect of three items, the question, however, being just this, whether a certain fee was properly sent on February 17th. The state of facts is simply this—The case was called in the afternoon, and after a very short beginning of an opening speech on the part of the appellant the cause was continued. When the case again came on for hearing a fee of £2, 2s. was sent as a refresher, and the question is, whether this fee was properly disallowed? It was stated to us that this fee was sent and charged in accordance with precedent and invariable custom. Now we have communicated with the Auditor, and have ascertained that there is no such custom. On the contrary, the practice is, that if a cause is discussed in more days than one, and a greater amount of time, attention, and trouble is required of counsel than fall fairly within the original fee, then a refresher is allowed, but under no other circumstances. The mere fact that a case has extended over more than one day is no reason why an additional fee should be sent.

Lord Deas, Lord Mure, and Lord Shand concurred.

The Court approved of the Auditor's report.

 Counsel:

Counsel for Appellant— Kennedy. Agent— John Macpherson, W.S.

Counsel for Respondent— Wallace. Agents— Smith & Mason, S.S.C.

 1881

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URL: http://www.bailii.org/scot/cases/ScotCS/1881/18SLR0450.html