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Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993

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5.  The court shall have the following discretionary powers in relation to the Table of Fees:–

(a)In any case the court may direct that expenses shall be subject to modification.

(b)The court may, on a motion made not later than seven days after the date of any interlocutor disposing of expenses, pronounce a further interlocutor regarding those expenses allowing a percentage increase in the fees authorised by the Table of Fees to cover the responsibility undertaken by the solicitor in the conduct of the cause. Where such an increase is allowed a similar increase may, if the court 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 cause and the number, difficulty or novelty of the questions raised;

(ii)the skill, time and labour, and specialised knowledge required, of the solicitor;

(iii)the number and importance of any documents prepared or perused;

(iv)the place and circumstances of the cause or in which the work of the solicitor in preparation for, and conduct of, the cause has been carried out;

(v)the importance of the cause or the subject-matter of it to the client;

(vi)the amount or value of money or property involved in the cause;

(vii)the steps taken with a view to settling the cause, limiting the matters in dispute or limiting the scope of any hearing.

(c)Where a party or his solicitor abandons, fails to attend or is not prepared to proceed with any diet of proof, debate, appeal or meeting ordered by the court, the court shall have power to decern against that party for payment of such expenses as it considers reasonable.

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