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20 May, 2016
Auditor correct to abate circa £65k from Senior Counsel’s fee in cp case: McLean v GGHB  CSOH 68
In this case the pursuer challenged the Auditor of the Court of Session’s decision to abate £67,215 from the fees charged by Senior Counsel who had acted for her between October 2011 and April 2014, shortly before the case settled by means of a substantial lump sum and a Periodic Payment Order. Ampersand’s David A. Stephenson Q.C., appeared for the Board and argued in support of the Auditor. Lord Armstrong has now issued an Opinion sustaining the objections to the Auditor’s Minute in respect of two minor amounts only: the remainder of the abatements were within the proper exercise of the Auditor’s discretion.
In the Opinion the principles underlying the Auditor’s taxation function and the bases of potential challenge to its exercise are discussed and the case law reviewed. There is comment suggesting restricted application of the previous Outer House decision in Marshall v Fife Health Board 2013 SLT 1129.
The Opinion can be found here.