Scottish Legal Aid Board V. Ms Ken Dalling Solicitor
| Jurisdiction | Scotland |
| Judge | Sheriff Principal R.A. Dunlop, Q.C. |
| Court | Sheriff Court |
| Date | 06 December 2012 |
| Docket Number | B35/12 |
| Published date | 10 December 2012 |
SHERIFFDOM OF TAYSIDE CENTRAL AND FIFE
B35/12
JUDGMENT
of
SHERIFF PRINCIPAL R A DUNLOP QC
in the cause
SCOTTISH LEGAL AID BOARD
Appellant
against
MR KEN DALLING, SOLICITOR
Respondent
__________________________________________
Alt: Mr Dalling, Solicitor, Stirling
STIRLING, 6 December 2012. The Sheriff Principal, having resumed consideration of the note of appeal by the Scottish Legal Aid Board, dismisses the appeal as incompetent; finds no expenses due to or by either party.
NOTE:
[1] The Criminal Legal Aid (Scotland)(Fees) Regulations 1989 (SI 1989/1491) makes provision for fees and outlays allowable to solicitors from the Scottish Legal Aid Fund in respect of criminal legal aid under the Legal Aid (Scotland) Act 1986. The Regulations are made by the Secretary of State in exercise of the powers conferred by section 33 of the 1986 Act.
[2] In terms of regulation 11(1) of the 1989 Regulations, if any question or dispute arises between the Scottish Legal Aid Board and a solicitor as to the amount of fees or outlays allowable to the solicitor in respect of legal aid in criminal proceedings in the sheriff court, "the matter shall be referred for taxation to the auditor of the sheriff court for the district in which those proceedings took place."
[3] In terms of regulation 11(3) the Board and any other party to such a reference "shall have the right to state written objections to ... the sheriff in relation to the report of the auditor within fourteen days of issue of such report and the Board and any such other party may be heard thereon."
[4] A dispute arose between the Board and Mr Dalling, solicitor, as to the amount of Mr Dalling's fees and a reference was made to the auditor of court for taxation of these fees. The auditor issued his report on 6 February 2012 and Mr Dalling stated objections thereto. The sheriff heard parties on the objections and on 2 April 2012 issued an interlocutor sustaining the objections in part.
[5] The Board then lodged a note of appeal and a preliminary question arises whether such an appeal is competent. Mr Dalling contends it is not whereas the Board contends that it is.
[6] In support of the competency of an appeal the solicitor for the Board submitted that any decision of the sheriff was subject to appeal unless excluded expressly or by necessary implication. Reference in this regard was made to Harper v Inspector of Rutherglen 1903 6F 23 and Jeffray v Angus 1909 SC 400. Under reference to Magistrates of Portobello v Magistrates...
To continue reading
Request your trial