Re Work by Legal Executives


Jul 22, 2020

Objections 2, 6, 7 and 8 related to entries in respect of various precognitions and a pre-trial meeting. The Auditor was advised that the person who took the precognitions and attended the pre-trial meeting was an employee of the Pursuer’s solicitors who was a Legal Executive, not a qualified solicitor. Having reflected on previous decisions on this issue and on the submissions made at the diet of taxation in this case, the Auditor has decided to allow each of the entries, for the following reasons:-

1. The work in question was carried out after the Pursuer’s solicitors were instructed;

2. The work was carried out at the behest of the Pursuer’s solicitors; and

3. The work was carried out by an employee of the solicitors, not by a separate organisation. In these respects, the facts in this case are distinguishable from those in the case of Jacqui Smith v The Highland Council 2009 CSOH 139. 2 September 2011