RA Logan And Co, Solicitors & Ors v. Maxwell

(a) that the parties have confirmed that the only area of dispute between them is as to the valuation of the work in progress of the firm R.A. Logan & Co, solicitors, as at 8 December 2000;

(b) that the parties have agreed to dispense with proof of the value of the work in progress; and

(c) that the parties have agreed to remit the valuation of the work in progress as at 8 December 2000 to a man of skill and to be bound by the man of skill's valuation, save in the case of manifest error by the man of skill,

on joint motion, remits to Mr Robert Kerr, chartered accountant of Messrs French Duncan, 375 West George Street, Glasgow (i) to examine the books, records and bank statements of the pursuers and such other documents as the parties may submit to him ought to be so examined and (ii) to receive the submissions of the parties in such form as he shall consider appropriate, and thereafter to assess the value of the work in progress of the firm R.A. Logan & Co, solicitors as at 8 December 2000 and to report the said value to the parties and to the Court;

[4] Thereafter Mr Kerr produced a report dated 6 September 2006 . In his report he listed the books and records of the firm that he had been given. He noted that he had received a list of all files opened in the firm in the period from 1 May 2000 to 8 December 2000 , which ran to 34 pages and included details of more than 1,400 files. He then dealt with the basis on which, according to accepted accounting principles, work in progress should be valued; this paragraph provided: