Following an unsuccessful motion by a client to set aside a notice of garnishment issued by former solicitors seeking to recover assessed legal fees, the court had fixed partial indemnity costs of $1,000 payable forthwith.
The solicitors later sought an enhanced costs award based on an earlier settlement offer that would have resolved the motion without costs if the garnished funds were released to the sheriff.
Applying the factors under Rule 57.01(1) of the Rules of Civil Procedure and the proportionality principles articulated by the Court of Appeal, the court declined to award additional costs.
The judge emphasized that costs must remain fair and reasonable to the unsuccessful party and proportionate to the relatively modest judgment debt.
Consideration was also given to the challenges faced by self‑represented litigants navigating complex procedures under the Solicitors Act.
