Act of Sederunt (Rules of the Court of Session Amendment) (Taxation of Accounts and Fees of Solicitors) 2011
Citation and commencement1.
(1)
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment) (Taxation of Accounts and Fees of Solicitors) 2011 and comes into force on 1st April 2011.
(2)
A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session2.
Diet of taxation3.
In rule 42.2(2) (diet of taxation) after “vouchers,” insert “including counsel’s fee notes,”.
Table of fees4.
(1)
(2)
In Part V of Chapter III (defended actions)—
(a)
“1B.
Lodging productions prior to approval of issue or allowance of proof
£
(a)
For lodging productions – each inventory
77.70
(b)
For considering opponent’s productions – each inventory
38.85”
(b)
in paragraph 2A (Notes of Argument)—
(i)
after subparagraph (c) insert—
£ | |
|---|---|
(d)Instructing, perusing and lodging (each) Statement of Facts or Issues | 116.55 |
(e)Perusing opponent’s Statement of Facts or Issues (each) | 77.70 |
(f)Instructing, revising and lodging (each) Note of Proposals for Further Procedure | 116.55 |
(g)Perusing opponent’s Note of Proposals for Further Procedure (each) | 77.70 |
(ii)
the heading becomes “Notes of Argument, Statements of Facts or Issues and Notes of Proposals for Further Procedure”;
(c)
the heading of paragraph 3 becomes “Procedure Roll, preliminary, procedural or other hearing”;
(d)
in paragraph 5 (precognitions)—
(i)
the existing entry (taking and drawing precognitions) becomes subparagraph (a);
(ii)
after subparagraph (a), insert—
£ | |
|---|---|
(b)All work in connection with preparation and lodging of witness summaries, witness statements and affidavits, per sheet | 77.70 |
(c)Perusing opponent’s witness summaries, witness statements and affidavits, per sheet | 38.85 |
(iii)
the heading becomes “Precognitions and (where ordered by the court) witness summaries, witness statements and affidavits”.
(3)
In Part VA of Chapter III (defended personal injuries actions)—
(a)
“2A.
Lodging productions prior to approval of issue or allowance of proof
£
(a)
For lodging productions – each inventory
77.70
(b)
For considering opponent’s productions – each inventory
38.85”
(b)
“£
(d)
Joint Minute of pre-trial meeting
38.85”
(4)
In Part VI of Chapter III (Inner House business)—
(a)
substitute the following for paragraph 1(a) (reclaiming motions)—
£ | |
|---|---|
(a)Fee for reclaimer for all work (except as otherwise provided for in this Part) up to interlocutor sending cause to roll | 233.10 |
(b)
“2A.
Note of objection
£
(a)
Instructing, perusing and lodging note of objection
155.40
(b)
Perusing opponent’s note of objection
77.70
(c)
Where attendance of counsel and/or solicitor required inclusive of instruction of counsel, not exceeding halfhour
116.55
(d)
Thereafter attendance fee, per additional quarter hour
38.85
2B.
Grounds of appeal or cross appeal
£
(a)
Instructing, perusing and lodging grounds of appeal or cross appeal
155.40
(b)
Perusing opponent’s note of appeal or cross appeal
77.70
2C.
Incidental Procedure
£
All work in connection with noting remittance of cause to Summar Roll and fixing of Summar Roll hearing
155.40”
(c)
substitute the following for paragraph 3(a) (preparing for Summar Roll)—
£ | |
|---|---|
(a)Preparing for hearing and instructing counsel including instructing and lodging lists of authorities and notes of argument | 233.10 |
(5)
This paragraph does not affect fees chargeable for work done, or outlays incurred, before 1st April 2011.
Edinburgh
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 to provide that counsel’s fee notes are to be made available to the Auditor at the diet of taxation.
Paragraph 4 amends the table of fees provided in rule 42.16. Paragraph 4(2) amends Part V of Chapter III (defended actions) and paragraph 4(3) amends Part VA of Chapter III (defended personal injuries actions).
Paragraph 4(4) amends Part VI of Chapter III (Inner House business) of the table of fees in consequence of the changes to the Inner House business made by the Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Causes in the Inner House) 2010 (S.S.I. 2010/30).
Paragraph 4(5) provides that the amendments to the table of fees set out in this Act of Sederunt do not apply as respects fees chargeable for work done, or outlays incurred, before it comes into force.
The table of fees was last amended by the Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Fees of Solicitors) 2009 (S.S.I. 2009/82).