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Act of Sederunt (Rules of the Court of Session Amendment No. 8) (Fees of Solicitors) 1999

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Scottish Statutory Instruments

1999 No. 166

COURT OF SESSION, SCOTLAND

Act of Sederunt (Rules of the Court of Session Amendment No. 8) (Fees of Solicitors) 1999

Made

8th December 1999

Coming into force

1st January 2000

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 1988(1) and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.8) (Fees of Solicitors) 1999 and shall come into force on 1st January 2000.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session

2.  In Chapter 42 of the Rules of the Court of Session 1994(2), in the Table of Fees in rule 42.16 (which lists fees of a solicitor which may be charged between party and party in an account in any cause), in the provisions mentioned in column 1 of the Schedule to this Act of Sederunt, for the amounts respectively specified in column 2 of that Schedule substitute the amounts so specified in column 3.

Saving

3.  Paragraph 2 does not affect the provisions of Chapter 42 in their application to work done before 1st January 2000.

Rodger of Earlsferry

Lord President I.P.D.

Edinburgh,

8th December 1999.

Paragraph 2

SCHEDULE

(1)(2)(3)
(provision)(old fee) £(new fee) £
Chapter I:
1(a)10.9011.20
(b)4.604.70
(c)15.9016.40
34.604.70
4(a)10.9011.20
(b)10.9011.20
(c)10.9011.20
5(a)21.5022.10
(b)21.5022.10
(c)21.5022.10
(e)(i)10.9011.20
(ii)10.9011.20
(iii)4.604.70
6(a)10.9011.20
(b)2.102.20
(c)4.604.70
Chapter III Part I:
1(a)193.30199.10
Chapter III Part II:
1272.40280.60
2155.30160.00
3(a)39.8041.00
(b)57.6059.30
(c)71.5073.60
4(a)69.8071.90
(b)21.5022.10
(c)11.8012.20
5(a)64.6066.50
(b)21.5022.10
7193.30199.10
859.6061.40
Chapter III Part III:
Table A:
1392.40404.20
448.10461.50
2278.90287.30
338.60348.80
385.7088.30
125.70129.50
4756.90779.60
912.40939.80
Table B:
1322.70332.40
378.50389.90
2155.30160.00
197.20203.10
385.7088.30
125.70129.50
4563.70580.60
701.30722.30
Table C:
179.7082.10
289.4092.10
3169.00174.10
Chapter III Part IV:
1(a)402.50414.60
(b)557.70574.40
2(a)272.80281.00
3(a)48.7050.20
446.0047.40
Chapter III Part V:
1(a)378.50389.90
(b)40.8042.00
(c)79.7082.10
2(a)402.50414.60
(b)248.90256.40
(c)(i)40.8042.00
(ii)21.5022.10
(d)119.40123.00
(e)177.30182.60
3(a)79.7082.10
(b)21.5022.10
(c)59.6061.40
4(a)75.7078.00
(b)21.5022.10
(c)10.9011.20
(d)75.7078.00
(e)21.5022.10
(f)10.9011.20
538.7039.90
6(a)85.7088.30
(b)11.8012.20
7(a)79.7082.10
(b)38.7039.90
(c)21.5022.10
(d)31.8032.80
8(a)161.40166.20
(b)129.50133.40
(c)47.9049.30
(d)11.8012.20
9(a)177.30182.60
(b)79.7082.10
(c)21.5022.10
10(a)21.5022.10
(b)59.6061.40
(c)21.5022.10
(d)59.6061.40
(e)21.5022.10
11225.10231.90
12(a)59.6061.40
(b)21.5022.10
(c)87.6090.20
(d)40.3041.50
(e)203.90210.00
(f)113.50116.90
13(a)547.80564.20
(b)48.7050.20
(c)99.70102.70
(d)21.5022.10
15(a)(i)119.40123.00
(ii)79.7082.10
(iii)79.7082.10
(b)199.20205.20
(c)338.50348.70
16423.30436.00
1721.5022.10
18144.30148.60
1931.8032.80
20(a)161.40166.20
48.7050.20
Chapter III Part VI:
1(a)119.40123.00
(b)59.6061.40
(c)50.0051.50
2(a)144.30148.60
(b)71.5073.60
(c)48.7050.20
3(a)119.40123.00
(b)21.5022.10
648.7050.20

Explanatory Note

(This note is not part of the Order)

This Act of Sederunt amends the Tables of Fees in Chapter 42 of the Rules of the Court of Session 1994 by increasing the fees payable to solicitors (and recoverable from opponents) by about 3%. The last increase was in the Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Fees of Solicitors) 1998 (S.I.1998/2674) but was based on statistical information gathered in 1995.

The Act of Sederunt does not apply as respects work done, or outlays incurred, before it comes into force.

(1)

1988 c. 36; section 5 was amended by the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(3) and by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 45.

(2)

S.I. 1994/1443; relevant amending instruments are S.I. 1995/1396, S.I. 1996/237 and S.I. 1998/2674.

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