5. The sheriff shall have the following discretionary powers in relation to the Table of Fees:—
(a)In any case the sheriff may direct that expenses shall be subject to modification.
(b)In cases of importance or requiring special preparation, the sheriff may, upon a motion made not later than seven days after the date of any interlocutor disposing of expenses, pronounce a further interlocutor regarding these expenses allowing a percentage increase in a cause on the ordinary roll, not exceeding 50 per cent, and in a cause on the summary cause roll, not exceeding 100 per cent, of the fees authorised by this table to cover the responsibility undertaken by the solicitor in the conduct of the litigation. Where such an increase is allowed a similar increase may, if the sheriff so orders, be chargeable by each solicitor in the cause against his own client. In fixing the amount of the percentage increase the following factors shall be taken into account:—
(i)the complexity of the litigation and the number, difficulty or novelty of the questions involved;
(ii)the skill, specialised knowledge and responsibility required of and the time and labour expended by the solicitor;
(iii)the number and importance of the documents (however brief) prepared or perused;
(iv)the place and circumstances of the litigation or in which the solicitor’s work of preparation for and conduct thereof has been carried out;
(v)the importance of the litigation or the subject-matter thereof to the client;
(vi)the amount or value of money or property involved:
(vii)any other fees and allowances payable to the solicitor in respect of other items in the same litigation and otherwise charged for in the account.
(c)Where a party or his solicitor on one side attends any diet of proof or debate or any meeting ordered by the sheriff and the other is absent or not prepared to proceed the sheriff shall have power to decern against the latter party for payment of such expenses as the sheriff may consider reasonable. If an appeal be abandoned, or any debate on preliminary pleas or otherwise ordered by the sheriff be departed from by any party and notice to that effect be given to the opposite party at least three lawful days before the date fixed for the hearing no debate fee shall be allowed; but failing such notice a debate fee shall be allowed to the respondent’s or other party’s solicitor of one-half of the amount which would have been allowed had the debate proceeded.