Scottish Court of Session Decisions

The Lord Justice-Clerk—The Court considered this matter delicate, and thought it right to take time to consider it; and although we are always very unwilling to interfere in regard to such a matter as the amount of counsel's fee, we are bound, when a question is brought before us, to dispose of it. The fees sent for debate were six guineas to senior counsel, and four to the junior. We think these fees are perfectly reasonable. But we must take into account what follows. After the debate began on a Thursday it was resumed next day, and for that continuation of the debate four guineas were sent to senior counsel, and three to the junior. That also we should not, under ordinary circumstances, be inclined to interfere with. Then it appears that the discussion was to be resumed on the following Tuesday, and on Monday five guineas more were sent to senior counsel and three to the junior. We think these are fees which should not be allowed as betwixt party and party. As to the fees of three and two guineas sent for the advising, we think these are reasonable. The result is, that we are of opinion that eight guineas should be disallowed as betwixt party and party, and it so happens that that is just the sum which the auditor has by another process taxed off the account. We shall therefore, for the sake of simplicity, just approve of his report, but, at the same time, it must distinctly understood that we do not approve of the cheese-paring plan which the auditor has resorted to for the purpose of reducing the aggregate amount of the fees charged.