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Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Fees of Solicitors) 2006

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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. 4) (Fees of Solicitors) 2006 and shall come into force on 1st July 2006.

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

Amendment to Rules of the Court of Session

2.  In rule 42.13 (charges for witnesses)–

(a)for paragraph (2) there shall be substituted–

“(2) Subject to paragraph (3), where it was reasonable in any cause to employ a skilled person to make investigations or to report for any purpose, any charges for such investigations and report and for any attendance at any proof or jury trial shall be allowed in addition to the ordinary witness fee of such person at such rate as the Auditor shall determine is fair and reasonable.”;

(b)in paragraph (3)–

(i)in subparagraph (a), “and” shall be omitted; and

(ii)after subparagraph (a), there shall be inserted–

“(aa)certified that it was reasonable to employ that person to make investigations or to report; and”.

Amendment to Table of Fees

3.—(1) The Table of Fees in rule 42.16 of the Rules of the Court of Session(1)shall be amended in accordance with the following sub-paragraphs.

(2) In the provisions mentioned in column 1 of the Schedule to this Act of Sederunt, for the amounts specified in column 2 of that Schedule, there shall be substituted the amounts specified in column 3 of that Schedule.

(3) In Part V of Chapter III, in paragraph 1A, for “lesser” there shall be substituted “other”.

(4) In Part VA of Chapter III, in paragraph 9, after “process,” there shall be inserted “and all other work prior to the”.

Saving

4.  Paragraphs 2 and 3 shall not affect fees chargeable for work done, or outlays incurred before 1st July 2006.

BRIAN GILL

Lord Justice Clerk I.P.D.

Edinburgh

26th May 2006

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