Appeal under Section 42A - A & R Robertson & Black
Interlocutor
**Please note: This is an Appeal under Section 42A of the 2005 Tribunal Rules.
Interlocutor 1:
Edinburgh 20 December 2011. The Tribunal having considered the Appeal under Section 42A of the Solicitors (Scotland) Act 1980 by A & R Robertson & Black WS and John P Gray, Solicitors, Bank Street, Blairgowrie (“the Appellants”) in respect of a Finding of Inadequate Professional Service and a Direction that the Appellants’ fees for the attorney period and the administration of the estate period combined shall be restricted to £34,388.88 plus VAT, that the Appellants shall refund any fee paid in excess of £34,388.88 plus VAT to the estate of the late Mr C, that the Appellants will refund to the estate the sum of £13,143.16 for work before the attorney period and not individually costed since 1991, that the Appellants should refund to the estate the sum of £3,007.23 for duplicate charging, that the Appellants shall refund to the estate the sum of £1,169 for tax penalties incurred, that the Appellants shall refund to the estate the sum of £6,160 plus VAT in respect of charges for the Law Accountant’s fees, that the Appellants shall refund to the estate the Auditors fee amounting to £4,828.31 inclusive of VAT for the preparation of the certificate dated 17 August 2007 and that the Appellants shall pay by way of compensation the sum of £2,000 to the estate of the late Mr C; Quash the Determination in respect of the attorney period as set out in the Law Society’s Determination paragraphs 1, 2, 5 and 7 (page 35/225); in respect of the administration of the estate paragraphs 1, 2, 3, 5, 6 and 9 (page 36/226); in respect of the administration and sale of Property 1 paragraphs 1, 2, 3, 4 and 6 (pages 36, 37/226, 227); in respect of the administration and sale of Property 2 paragraphs 1, 2, 3, 4, 5, 6, 7 and 9 (page 37/227); in respect of the administration and sale of the Property 3 paragraphs 1, 2, 3 and 5 (page 38/228); in respect of the administration and sale of Property 4 and premises to the rear thereof paragraphs 1, 2, 3, 4, and 6 (page 38/228) and the Determination and Direction (page 39/229) that the appellants refund to the estate the sum of £13,143.16 for work before the attorney period and not individually costed since 1991 and the Determination and Direction that the Appellants refund to the estate the sum of £1169 for tax penalties incurred; Quash the Determination and Direction that the Appellants should refund to the estate the sum of £3007.23 for duplicate charging; Quash the Determination and Direction that the Appellants shall refund to the estate the auditor’s fee amounting to £4828.31 inclusive of VAT for the preparation of the certificate dated 17 August 2007; Vary the Determination that the Appellants’ fees for the attorney period and executry period combined should be restricted to £34,388.88 and that the Appellant should refund anything in excess of this to the executry, and instead Direct that the Appellants repay any fees charged to the extent that these exceed the sum determined by a taxation of new as reasonable remuneration for the actings of the Appellants during the attorney period and the executry period; this taxation of new to be carried out by the Auditor of Glasgow Sheriff Court; it being for the Appellants to determine if they wish the taxation to be on the basis of oral representations or written submissions and the taxation shall be intimated on all parties; the Auditor’s fees shall be payable by the Law Society and / or the Appellants as may be determined by the Auditor; in the event that the Auditor determines that the Appellants should make payment of the taxation fee or any part thereof, the Tribunal so order that the Appellants pay within one month of the taxation fee or the part there payable by them being intimated to them; Vary the Determination and Direction that the Appellants shall pay by way of compensation the sum of £2000 to the estate of the late Mr C and instead Direct that the Appellants shall pay the sum of £500 by way of compensation to the estate of the late Mr C; Confirm the Determination and Direction that the Appellants shall refund to the estate the sum of £6160 plus VAT in respect of charges for the Law Accountant’s fees. Of Consent Find the First Respondent liable to the Appellants in the Expenses incurred by the Appellants up to and including the hearing on 26 January 2011 chargeable on a time and line basis as the same may be taxed by the Auditor of the Court of Session on an agent and client, client paying basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business with a unit rate of £14.00; Quoad Ultra make no finding of expenses due to or by any party; Direct that publicity will be given to this Decision and that this publicity will include the name of the Appellants.
Alistair M Cockburn
Chairman
This matter was appealed to the Court of Session.
Interlocutor 2:
Edinburgh 17 November 2016. The Tribunal having considered the Appeal under Section 42A of the Solicitors (Scotland) Act 1980 by A & R Robertson & Black WS and John P Gray, Solicitors, Bank Street, Blairgowrie (“the Appellants”) in respect of a Finding of Inadequate Professional Service and the Decision of the Inner House of the Court of Session dated 19 April 2013, Having previously determined that there was an inadequate professional service in respect of the charging of the law accountant’s fee without proper consent, Quash the finding of inadequate professional service in respect of the charging of excessive fees separate to the law accountant’s fee; Having been advised that the parties had entered into a Minute of Agreement with regard to repayment of fees and compensation and that the claim for compensation was withdrawn, allow the claim for compensation to be withdrawn and make no order with regard to repayment of fees or compensation; Find the First Respondent liable to the Appellants in the expenses incurred by the Appellants up to and including the hearing on 26 January 2011 chargeable on a time and line basis as the same may be taxed by the Auditor of the Court of Session on an agent and client, client paying basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business with a unit rate of £14.00; Quoad Ultra find no expenses due to or by any party; Direct that publicity will be given to this Decision and that this publicity will include the name of the Appellant but should not identify the deceased, his executors or the Appellants’ former clients.
Alistair M Cockburn
Vice Chairman