Search Legislation

Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

Status:

This is the original version (as it was originally made).

Additional charge

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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources