At the instruction of the court, on the 6th June 2012,  the defenders lodged a draft Note of Argument and supporting documentation (Appendix III Volumes I-X). The final form of our Note is due to be lodged one week after the  pursuers lodge their Answers to the draft form of the Note (which will be Wednesday 13th June 2012).

Defenders’ Note of Argument

The Supporting Documentation

Volume I – the pursuers’ 2006 Appendix to the Reclaiming Print (from their Appeal against Lord McKay’s opinion) containing time and line accounts, Auditor’s Reports and Minutes to the Court, the Defenders” law accountant’s calculations and the defenders’ accountant’s Reconciliation.

Volume II – the defenders’ 2010 Appendix to the Reclaiming Print (from our Appeal against Lord Woolman’s opinion) containing all Tods Murray invoices from the M&B and GDC disputes., the defenders’ accountant’s and law accountant’s affidavits and Reports, the pursuers’ then Reconciliation (as prepared by their law accountant), correspondence and file notes from Tods Murray’s files, and Process No. 7 (Mr. Dobie’s account).

Volume III - a new compilation of documentation in support of our 2012 Appeal against Lord Woolman’s judgement. The file contains;

all witness affidavits/signed statements;

the pursuers’ law accountant’s updated Reconciliation;

parties’ written closing submissions;

amalgamated Notice to Admit and Answers (lodged immediately prior to proof commencing);

pursuers’ 2010 Answers to the defenders’ Grounds of Appeal; minutes of amendment No,’s 5 and 8 of Process;

Auditor’s Report re Mr. Simpson’s 100% uplift in fee rate;

Harvie Accounts and invoices;

Mr. Simpson and Mr. Dobie’s productions at proof.

Process No. 7 (Mr. Dobie’s account)

Volume III Part 1 (pages 1-210)

Volume III Part 2 (pages 211-304)

Volume III Part 3 (pages 305-396)

Volume III Part 4 (pages 397-514)

Volume III Part 5 (pages 515-589)

Volumes IV-VIII are the July 2011 transcripts of evidence

Volume IX is the transcript of the 17 October 2012 oral closing submission.