DAC Beachcroft Scotland successfully challenged a pursuer's Account of Expenses resulting in a total of £5,740 – almost 40% of the Account as presented - being deducted from the Account by the Auditor of the Court.
The pursuer was involved in a road traffic accident which was the fault of our client's insured. Liability was admitted and the dispute related solely to quantum. We intimated 11 points of objection to the pursuer's Account, including:-
Challenging the amount of precognitions as excessive – the auditor agreed and reduced the amount substantially.
Disputing exorbitant cancellation charges of medical experts – the auditor agreed and did not allow the cancellation charge.
Objecting to the charging of 2 proof preparation fees on the grounds that the work was only required once – the auditor agreed and deducted a substantial amount.
The remainder of our arguments centred on the fact that the pursuer was very slow at providing instructions to her solicitor, was completely un-contactable for an extended period of time at a critical point in the court action and accordingly the case could and indeed should have settled at an early stage.
The Auditor agreed that more could have been done by the pursuer's solicitor to ensure that the pursuer remained contactable to provide instructions. He agreed with our submission that the defender should not be penalised for a lack of communication between the pursuer and her representatives.
This case highlights the fact that pursuers can and must be held accountable for their actions, or lack thereof. To secure such a significant saving demonstrates to pursuer's agents that our insurers will not simply pay accounts of expenses as presented and we will continue to challenge them.