Burrell & Son v Russell & Company
| Jurisdiction | Scotland |
| Judgment Date | 24 October 1900 |
| Date | 24 October 1900 |
| Docket Number | No. 5. |
| Court | Court of Session |
Lord President, Lord Adam, Lord M'Laren, Lord Kinnear.
Expenses—Fees to counsel—Proof—Hearing in Inner-House.—
In a case in which the proof lasted twelve days, and the hearing in the Inner-House nine days, the successful party objected to a reduction by the Auditor of the fees allowed for each day of the proof and hearing respectively to senior counsel from thirty and twenty guineas to twenty and fifteen guineas, and to junior counsel from twenty and fifteen guineas to fifteen and ten guineas. The Court repelled the objection, and approved of the Auditor's report.
Expenses—Fee to witness.—
In a case in which a certified skilled witness was paid £214, 10s. for work which, according to his account, occupied fifty-nine days, the Court approved of the Auditor's report fixing his fee at £67, 7s. 6d.
In this action, reported 2 F. (H. L.) 81, the House of Lords, on 26th March 1900, reversing the judgment of the First Division, found the pursuers entitled to £16,000 of damages. The pursuers were also found entitled to expenses.
The Auditor having taxed the pursuers' account of expenses at £2554, 8s. 3d., the pursuers lodged objections to his report in so far as he had disallowed (1) certain fees to counsel, and (2) a fee to a certified skilled witness.
The proof and hearing on evidence in the case lasted twelve days, and the hearing on a reclaiming note in the Inner-House lasted nine days.
The fees charged in the account for each day of the proof and hearing on evidence were for senior counsel thirty guineas, and for junior counsel twenty guineas; and for each day of the hearing in the Inner-House, senior counsel twenty guineas, and junior counsel fifteen guineas, and the Auditor had allowed twenty and fifteen guineas to senior counsel, and fifteen and ten guineas to junior counsel.
The witness whose fee was in question was Mr W. H. Campbell, naval architect, Glasgow, who had rendered and been paid an account of £214, 10s. ‘for professional services rendered to Messrs Burrell & Son in their action against Messrs Russell & Company.’ According to the account the time for which Mr Campbell was actually engaged was fifty-nine days, and the work consisted of making calculations, supervising the making of and making models, plans, and sections, displacement scales, preparing precognition, consultations, and attendance (two days) at the proof. The Auditor allowed £67, 7s. 6d.
Argued for the...
To continue reading
Request your trial
-
R v Dean Thomas
...and 33BB into the Youth Justice and Criminal Evidence Act 1999 has not been commenced). The Practice Direction contains the following: i. “ 3F.12 The court may direct the appointment of an intermediary to assist a defendant in reliance on its inherent powers ( C v Sevenoaks Youth Court [20......
-
R v Billy Nathan Midmore
...in force (because s.104 Coroners and Justice Act 2009, which would insert ss. 33BA and 33BB into the YJCEA 1999, has yet to be commenced). 3F. 12 The court may direct the appointment of an intermediary to assist a defendant in reliance on its inherent powers ( C v Sevenoaks Youth Court [20......
-
Whittalls Wines Ltd & European Food Brokers Ltd v The Commissioners For Her Majesty's Revenue & Customs, TC 06316
...documents for such visits, financial health, credit checks, and trading history. NB. Jatinder Chatha knew about this letter at the time [§50: 3/F/12]. 6 Nov 14 Email [75/29]. Officer Maskew forwarded Excise Notice 196 to Philip Eagleton. 25 13 Nov 2014 Letter [75/31]. IoM C&E advised GBDL/ ......
-
Caledonian Railway Company v Greenock Corporation
...France, & Co., 1907 S. C. 705; Smellie v. Caledonian Railway Co., 1916 S. C. 930. For the defenders:—Burrell & Son v. Russell & Co.SC, 3 F. 12; Shaw & Shaw v. J. & T. Boyd, 1907 S. C. 1 1907 S. C. 965. 2 1907 S. C. 646. 1 (1863) 2 Macph. 346. 2 (1851) 13 D. 843. 3 (1870) 8 Macph. 1011. 4 (1......
-
Contingency Fees in England After April 2013
...= { // Properties version: '0' , handler: '//fbapps.jdsupra.com/statistics/pixel?partnerID=dc4a1c64-176f-4a9f-913d-afd8f74f746f&file_unique_id=3f12e16d-cdf5-4537-a221-23095723033c&profile_id=8159&type=5&' // Public , pageview: function (data) { if (data === undefined) { data = this._curpage......
-
Rehabilitated Drug Addict's Disability Claims Were Properly Dismissed
...'0' , handler: '//fbapps.jdsupra.com/statistics/pixel?partnerID=dc4a1c64-176f-4a9f-913d-afd8f74f746f&file_unique_id=6948d2c2-a000-4b61-83a7-3f12a5fddaf9&profile_id=12753&type=5&' // Public , pageview: function (data) { if (data === undefined) { data = this._curpage(); } else if (typeof (dat......
-
The interpretation and application of the right to effective participation
...Hoyano and Rafferty (2017).105. [2017] EWCA Crim 2 at [84]. See also Wurtzel (2017).106. RvRashid [2017] EWCA Crim 2 at [73]. See also CPD, 3F.12, which states: ‘The court should adapt the trial process toaddress a defendant’s communication needs...and will rarely exercise its inherent powe......
-
‘I am not beholden to anyone… I consider myself to be an officer of the court’: A comparison of the intermediary role in England and Wales and Northern Ireland
...for defendant access tointermediaries; however, this has never been implemented.8. Criminal Practice Directions 2015 [2015] EWCA Crim 1567, 3F.12. The Practice Directions also state that the court shouldbe: ‘satisfied that a non-registered intermediary has expertise suitable to meet the def......
-
Import Duties (General) (No. 10) Order 1976
...F 12% plus £0·0624 M,D £0·0624 per C1 12% per kg (gross) kg (gross) 2. F 12% plus £0·0496 M,D £0·0496 per C1 12% per kg (gross) kg (gross) 3. F 12% plus £0·0367 M,D £0·0367 per C1 per kg (gross) kg (gross) c) F 12% plus £0·0367 M,D £0·0367 per C1 12% per kg (gross) kg (gross) II.a) F 8% plu......
-
The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009
...for “3.A.13 (restriction on pensionable earnings used for calculating benefits in respect of capped transferred-in service)” substitute “3.F.12”. (4) For paragraph (3), “3 A statement given to the member of a corresponding 1995 scheme in pursuance of such a request as is mentioned in paragr......
-
The National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010
...for “3.A.11 (restriction on pensionable earnings used for calculating benefits in respect of capped transferred-in service)” substitute “3.F.12 (meaning of “capped increase to pensionable (4) For paragraph (3) substitute— S-3 “3 A statement given to the member of a corresponding 1995 Sectio......
-
The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013
...were contributions to this Section of the scheme. (7) In the case of a 2008 Section Optant, this regulation is subject to regulation 3.K.11.S-3.F.12 Meaning of capped increase to pensionable earningsMeaning of capped increase to pensionable 3.F.12.—(1) This regulation applies if— (a)(a) the......