Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

Fees of counsel in the sheriff court or Sheriff Appeal Court

4.3.—(1) This rule applies to the taxation of accounts of expenses relating to proceedings in the sheriff court or Sheriff Appeal Court.

(2) No fees are to be allowed for the work of counsel unless the proceedings, or particular work involved in the conduct of the proceedings, have been sanctioned as suitable for the employment of counsel in accordance with rule 5.4 (sanction for the employment of counsel in the sheriff court and Sheriff Appeal Court).

(3) Where particular work has been sanctioned as suitable for the employment of counsel the Auditor is to allow the reasonable fees of counsel for—

(a) doing that work, and

(b) subject to paragraph (6), consultations reasonably required in relation to that work.

(4) Where the proceedings have been sanctioned as suitable for the employment of counsel—

(a) it is for the Auditor to determine the work in relation to which it was reasonable for counsel to be instructed;

(b) subject to sub-paragraph (c), the Auditor is to allow the reasonable fees of counsel for carrying out that work;

(c) subject to paragraph (3), no fees are to be allowed for work carried out before the date on which sanction was granted unless the proceedings are—

(i) proceedings subject to Chapter 36 of the Ordinary Cause Rules 1993(1);

(ii) a simple procedure case; or

(iii) proceedings in the Sheriff Appeal Court.

(5) In the determination of reasonable fees for the purposes of paragraphs (3) and (4), the Auditor must disregard the fact that counsel who carried out the work was senior counsel unless the proceedings, or the particular work, have been sanctioned as suitable for the employment of senior counsel.

(6) Except on cause shown, the Auditor is to allow fees for only two consultations in the course of proceedings.

(7) In this rule, references to fees of counsel for carrying out work include, where appropriate in the case of proofs, trials or other hearings that do not proceed, fees reflecting counsel’s inability to accept alternative commitments.

(1)

The Ordinary Cause Rules 1993 are in schedule 1 of the Sheriff Courts (Scotland) Act 1907 (c.51). Schedule 1 was substituted by S.I. 1993/1956 and last amended by S.S.I. 2017/186.