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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Patten's Trustees v. Campbell's Executors [1867] ScotLR 3_176 (24 January 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0176.html
Cite as: [1867] SLR 3_176, [1867] ScotLR 3_176
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SCOTTISH_SLR_Court_of_Session
Page: 176↓
Court of Session Outer House.
(Before
v.
Facts:
Held by Lord Kinloch that agents are entitled to exercise a certain discretion in regard to the amount of counsel's fees, and that the auditor should interfere only when that discretion was abused.
In taxing the pursuers' account of expenses in this case, the auditor of Court deducted £1, 1s. from a fee of £3, 3s. paid to counsel to revise summons; £1, 1s. from a fee of £3, 3s. paid to revise condescendence; £1, 1s. from a fee of £2, 2s. paid to adjust record; £1, 1s. from a fee of £4,48. paid to debate; and £2, 2s. from a fee of £6, 6s. paid to senior counsel to debate.
The pursuers objected to the auditor's report, and the Lord Ordinary sustained the objections. His Lordship observed that agents were entitled to exercise a certain discretion as to the fees to be paid to counsel in each particular case, and it was only when that discretion was abused that it was the province of the auditor to interfere. That was not the case in the present instance.
Counsel for pursuers— Mr N. C. Campbell. Agent— John Forrester, W.S.
Counsel for Defenders— Mr Adam. Agents— Adam, Kirk, & Robertson, W.S.