Russell v Russell and others

Civil procedure – Expenses – Personal liability therefor of solicitor. Court of Session: In an action for the reduction of a disposition on the grounds that when it was executed the disponers lacked the capacity to do so, in which the third defender withdrew her defences on 26 May 2016, a proof before answer having been set down for 31 May, the court found the solicitor who acted for her liable to the pursuer in the expenses of process from 1 April 2016 to date as he was at fault in failing to properly instruct the defender's expert and to ensure that he had all the medical records; however it did not consider that the further sanction of an award on an agent and client basis was justified and accordingly restricted the finding to the normal party and party scale.

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