Act of Sederunt (Rules of the Court of Session Amendment No. 7) (Taxation of Accounts and Fees of Solicitors) 2011

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends Chapter 42 (taxation of accounts and fees of solicitors) of the Rules of the Court of Session 1994 (S.I. 1994/1443).

Paragraph 3 amends rule 42.2 in respect of diets of taxation. It is now provided that a diet of taxation will not be fixed until the Auditor has received the process of the cause, vouchers in respect of all outlays including counsel’s fees and a letter confirming that the vouchers have been intimated to the party found liable in expenses. The Auditor does, however, retain discretion under new rule 42.2(2) to fix a diet of taxation where the matters referred to in new rule 42.2(1)(b) and (c) have not been produced.

Paragraph 4 amends rule 42.3(1) in respect of reports of taxation to make it clear that the Auditor shall transmit the taxed account to the Department of the Office of Court, together with his or her report and the process. Paragraph 42.3(2) is amended so that the party found entitled to expenses must exhibit the taxed account to the party found liable to pay the expenses within 7 days after the date of receipt of intimation from the Auditor under paragraph (1)(c).

Paragraph 5 amends rule 42.4 in respect of objections to the report of the Auditor.

Paragraph 6 amends rule 42.7 in respect of the taxation of solicitors own accounts. It is now provided that a solicitor must exhibit a copy of the taxed account to his or her client.

Paragraph 7 makes a minor correction to rule 42.13A to ensure that the charges for skilled witnesses apply to all causes in the Court of Session.

Paragraph 8 amends the table of fees provided in rule 42.16. Paragraph 8(2) amends Part V of Chapter III (defended actions) and paragraph 8(3) amends Part VA of Chapter III (defended personal injuries actions). The table of fees was last amended by the Act of Sederunt (Rules of the Court of Session Amendment) (Taxation of Accounts and Fees of Solicitors) 2011 (S.S.I. 2011/87). Paragraph 8(4) provides that the amendments to the table of fees do not apply as respects fees chargeable for work done, or outlays incurred, before 1st January 2012.

Paragraph 9 contains a savings provision in respect of the changes made by paragraphs 3, 4, 5 and 6 so that the changes only have effect in respect of diets of taxation fixed after 1st January 2012.