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Jacqui Louise Smith v. The Highland Council [2009] CSOH 149


This relates to a hearing in terms of Rule of Court 42.4(4) in respect of a Note of Objection for the pursuer to a Report by the Auditor of Court in relation to an account of expenses lodged by the solicitors for the pursuer in the action and related to the Auditor's disallowance of certain charges for precognitions, a fee for a medical report and pre-litigation work. It was submitted on behalf of the pursuer that the Auditor has misdirected himself and the fact that the solicitor had not himself carried out certain work, or even if not instructed by him, did not mean that he could not charge for it and Rule of Court 42.16 allows for the recovery of the work done by a clerk. It was submitted on behalf of the defenders that the Note of Objection should be repelled and to find the pursuers liable in expenses of the hearing. It was submitted that under Rule 42.10 (1) "Only such expenses as are reasonable for conducting the cause in a proper manner shall be allowed." Here the court considered whether the expenses should include work done at a point prior to the instruction of the solicitor and, as such, not undertaken at the behest of the solicitor.