Garcia Lopez de la Torre (Appellant) v Scottish Legal Complaints Commission (Respondent)

Permission to Appeal application lodged

Case summary
Appeal
Previous proceedings

Case summary

Case ID

UKSC/2025/0064

Parties

Appellant(s)

Federico Garcia Lopez de la Torre

Respondent(s)

Scottish Legal Complaints Commission

Issue

Did the Inner House err in repelling the appellant’s objection to the Auditor of Court’s assessment of the respondent’s expenses?

Facts

The question on this appeal concerns the issue of expenses and arises out of the appellant’s complaints to the respondent against his former solicitor. In making its two decisions, the respondent rejected certain issues as ineligible for investigation. The appellant appealed against those decisions to the Inner House, under section 21 of the Legal Profession and Legal Aid (Scotland) Act 2007. On 11 November 2022 at a procedural hearing, before the Inner House considered the merits of the appeal on the papers (by consent), the respondent repeated a written concession that elements of the appeal had a reasonable prospect of success. The appellant rejected the respondent’s offer to dispose of the appeal by joint minute (consent order) and sought to proceed to a full determination. By its Opinion dated 23 February 2023, the Inner House ultimately quashed the respondent’s two decisions and remitted them for re-determination. On 8 August 2023 the Inner House pronounced an interlocutor finding the respondent liable for the expenses of the appeal to 11 November 2022. The appellant was found liable for the expenses from that date. Following the award, the respondent submitted an Account of Expenses for taxation by the Auditor of Court. The Auditor issued a report taxing the respondent’s expenses in the sum £8,152.60. The appellant opposed the taxed amount and lodged a note of objections. The auditor prepared a minute responding to the note. A hearing was fixed before the Inner House on the note and minute. The Inner House repelled the appellant’s note of objections. The appellant now appeals to the Supreme Court.