Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

Skilled persons

4.5.—(1) No charge incurred to a person who has been engaged for the purposes of the application of that person’s skill is to be allowed as an outlay unless—

(a) the person has been certified as a skilled person in accordance with rule 5.3 (certification of skilled persons); and

(b) except where paragraph (4) applies, the charge relates to work done, or expenses incurred, after the date of certification.

(2) Where a person has been so certified, the Auditor is to allow charges for work done or expenses reasonably incurred by that person which were reasonably required for a purpose in connection with the proceedings, or in contemplation of the proceedings.

(3) The charges to be allowed under paragraph (2) are such charges as the Auditor determines to be fair and reasonable.

(4) This paragraph applies where—

(a) the account relates to—

(i) proceedings subject to Chapter 43 of the Rules of the Court of Session 1994;

(ii) proceedings subject to Chapter 36 of the Ordinary Cause Rules 1993; or

(iii) a simple procedure case; or

(b) the sheriff has determined in accordance with rule 5.3(5) that the certification has effect for the purposes of work done, or expenses incurred, before the date of certification.