Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Fees of Solicitors) 2012

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 the table of fees provided in rule 42.16.

Paragraph 3(2) amends paragraph 1 of Chapter I (table of detailed charges) in respect of the expenses recoverable for framing affidavits and (where ordered by the court) witness summaries and witness statements. This addresses concerns that the recoverable expenses for framing such documents does not meet the actual cost. Paragraph 3(3)(b) makes a similar amendment to paragraph 5 of Part V of Chapter III (defended actions).

Paragraph 3(3)(a) amends paragraph 1A of Part V of Chapter III in respect of pre-litigation fees and paragraph 3(4) makes a similar amendment to paragraph 2 of Part VA of Chapter III (defended personal injuries actions).

Paragraph 3(5) removes notes 1 and 2 from Chapter IV dealing with transcripts of evidence. Provision in this regard is made in rule 36.11.

Paragraph 3(6) provides that the amendments to the table of fees do not apply as respects fees chargeable for work done, or outlays incurred, before the coming into force date.

The table of fees was last amended by the Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Shorthand Writers) 2012 (S.S.I. 2012/100).