Leith Police Commissioners v Campbell. [Court of Session—2d Division.]

JurisdictionScotland
Judgment Date02 February 1867
Date02 February 1867
Docket NumberNo. 79
CourtCourt of Session (Inner House - Second Division)
2D DIVISION.

R.

No. 79
Leith Police Commissioners
and
Campbell

Expenses—Taxation—Fees to Counsel.

THIS case (reported supra, p. 246) was partly heard on Thursday, December 6, and Friday, December 7, and was heard out on Tuesday, December 11. The following fees to counsel were charged in the defenders' account of expenses:—

Fees for debate—six guineas to senior and four guineas to junior counsel. The Auditor taxed a guinea off each of these fees.

Continuation-fees on Thursday, December 6—four guineas to senior and three guineas to junior counsel. The Auditor taxed a guinea off each of these fees.

Continuation-fees on Monday, December 10—five guineas to senior and three guineas to junior counsel. The Auditor taxed two guineas off fee to senior and one guinea off fee to junior counsel.

Fees for advising—three guineas to senior and two guineas to junior counsel. The Auditor taxed one guinea off fee to senior counsel.

The defenders objected to the Auditor's taxation of these fees.

The Court disapproved of the Auditor's system of paring down individual fees, but was of opinion that the whole of the second continuation-fee should be disallowed.

Circumstances in which second continuation-fees to counsel disallowed in a question of expenses between party and party.

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