Wimpey Construction (UK) Ltd v Martin Black and Co (Wire Ropes) Ltd: 1988

The provisions of the Table of Fees under the Rules of Court were only applicable to Scottish solicitors. The court set out how fees incurred to solicitors practising outside Scotland are recovered in a Scottish taxation of expenses. In summary: 1. If an English solicitor is properly employed in a Scottish litigation he is entitled to be remunerated for his work according to an English scale of remuneration. 2. Such remuneration is treated as part of the outlays in the account of expenses. 3. In considering the English account, the Auditor must in the first place determine which items on the account would be admissible in a Scottish party and party account. In order to do that, he may require the English account to be stated in such a form as to disclose clearly what items of work were in fact done by the English solicitors: ibid. at 1988 SC 288. At this stage the Auditor must obviously apply Scottish principles, in exactly the same way as he would when dealing with a party and party account rendered by Scottish solicitors. 4. Thereafter, the Auditor must discover what charges for the admitted items in the account are appropriate in accordance with English law and practice. The Auditor has a wide discretion as to how he goes about this task, although with an English account consulting the taxing master is an obvious step to take: ibid. at 1988 SC 288-289. At this stage, therefore, the Auditor must ascertain and apply the relevant English scale of charges.


1988 ST 264



Cited by:

CitedThe Scottish Lion Insurance Company Ltd, Re Sanction of A Scheme of Arrangement SCS 8-Mar-2006
Sanction had been sought for a scheme of arrangement on the winding up of an insurance company. There were objections. The original scheme had been proposed under English law, and it would be inappropriate for a Scottish court to try to sanction . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 01 May 2022; Ref: scu.238925