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5.2.—(1) An entitled party may apply to the court for an increase in the charges to be allowed at taxation in respect of work carried out by the entitled party’s solicitor.
(2) Where the application is made to the Court of Session the court may, instead of determining the application, remit the application to the Auditor to determine if an increase should be allowed, and the level of any increase.
(3) The court or, as the case may be, the Auditor must grant the application when satisfied that an increase is justified to reflect the responsibility undertaken by the solicitor in the conduct of the proceedings.
(4) On granting an application the court must, subject to paragraph (5), specify a percentage increase in the charges to be allowed at taxation.
(5) The Court of Session may instead remit to the Auditor to determine the level of increase.
(6) In considering whether to grant an application, and the level of any increase, the court or, as the case may be, the Auditor is to have regard to—
(a)the complexity of the proceedings and the number, difficulty or novelty of the questions raised;
(b)the skill, time and labour and specialised knowledge required of the solicitor;
(c)the number and importance of any documents prepared or perused;
(d)the place and circumstances of the proceedings or in which the work of the solicitor in preparation for, and conduct of, the proceedings has been carried out;
(e)the importance of the proceedings or the subject matter of the proceedings to the client;
(f)the amount or value of money or property involved in the proceedings;
(g)the steps taken with a view to settling the proceedings, limiting the matters in dispute or limiting the scope of any hearing.
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