Commentary on Sections

Part 2: Expenses in Civil Litigation

Section 11 – Awards of expenses against legal representatives

27.This section gives power to the civil courts to make an award of expenses against a legal representative in the proceedings who has committed a serious breach of their duties to the court(14). Subsection (3) provides that limitations of this rule may be made in rules of court by means of an act of sederunt.

14

See Paterson, Alan (2007) Duties to the court. In: Law, practice and conduct for solicitors. University of Strathclyde at http://strathprints.strath.ac.uk/4793/.