Scottish Court of Session Decisions

At advising—

Lord President—In this note objection is taken to the Auditor's report of taxation in respect of three items, the question, however, being just this, whether a certain fee was properly sent on February 17th. The state of facts is simply this—The case was called in the afternoon, and after a very short beginning of an opening speech on the part of the appellant the cause was continued. When the case again came on for hearing a fee of £2, 2s. was sent as a refresher, and the question is, whether this fee was properly disallowed? It was stated to us that this fee was sent and charged in accordance with precedent and invariable custom. Now we have communicated with the Auditor, and have ascertained that there is no such custom. On the contrary, the practice is, that if a cause is discussed in more days than one, and a greater amount of time, attention, and trouble is required of counsel than fall fairly within the original fee, then a refresher is allowed, but under no other circumstances. The mere fact that a case has extended over more than one day is no reason why an additional fee should be sent.

Lord Deas, Lord Mure, and Lord Shand concurred.