Scottish Court of Session Decisions

Lord Justice—Clerk—I do not think that in this case the Auditor's report should be interfered with. I quite concur in the opinion that as a general rule the report of the Auditor should not be interfered with. Determining in what cases fees should be allowed and fixing their amount are the essential duties of the Auditor. I would not lay it down as a universal proposition that in no cases we should interfere with his report. In certain special circumstances the interference of the Court might be rendered necessary. But a much stronger case would require to be shown than a mere difference of opinion as to £2, 2s. or £3, 3s. in the amount of certain fees. I therefore think we should not interfere.

Lord Young and Lord Rutherfurd Clark concurred.

Lord Trayner—I do not dissent, but I should like to add a word, as I have expressed elsewhere my opinion to a different effect, and I should not like it to be supposed, as it might be supposed if I were silent, that I have seen any reason to alter that opinion. I think it right at all times to pay the greatest respect to the Auditor's opinion on questions of accounting. He is officially appointed for the purpose of deciding such questions, and his duty is discharged exceedingly well. But on such a question as the amount of the fees to be sent to counsel, the agent in my opinion has a great discretion, and in my experience for thirty years this discretion has not been abused. I have come to be of opinion that in a matter of two or three guineas the Auditor should not interfere with that discretion. On the other hand, where—and I am not imagining a case, but putting a case I have known in practice again and again—a fee of forty or fifty guineas had been sent to counsel for a jury trial and the Auditor was of opinion that only one of twenty-five or thirty should have been sent, then in my opinion he would be right in reducing it, but in a case where he thinks six guineas should have been sent instead of eight, I do not think he should interfere with the discretion of the agent; it seems what I have called “cheeseparing” to do so.