Act of Sederunt (Sheriff Appeal Court Rules) 2015

Prospective

CHAPTER 19 S EXPENSES

Taxation of expenses S

19.1.—(1) Where the Court makes an order allowing expenses in any appeal, those expenses must be taxed before decree is granted for them.

(2) This rule does not apply where the Court modifies those expenses to a fixed sum.

Commencement Information

I1 Rule 19.1 in force at 1.1.2016, see rule 1.1(2)

Additional fee S

19.2.—(1) Where the Court makes an order allowing expenses, it may also make an order allowing a percentage increase in the fees authorised in the Act of Sederunt (Fees of Solicitors in the Sheriff Appeal Court) 2015(1) to reflect the responsibility undertaken by the solicitor in the conduct of the appeal.

(2) An application for an additional fee is to be made by motion.

(3) The Court must take the following matters into account in determining what percentage increase, if any, to allow—

(a) the complexity of the appeal and the number, difficulty or novelty of the questions raised;

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

(c) the number and importance of any documents prepared;

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

(e) the importance of the appeal or the subject matter of it to the client;

(f) the amount or value of money or property involved in the appeal;

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

Commencement Information

I2 Rule 19.2 in force at 1.1.2016, see rule 1.1(2)

Order to lodge account of expenses S

19.3.—(1) This rule applies where a party entitled to expenses has not lodged an account of expenses in process within 4 months after the date of the order about expenses.

(2) The party found liable in expenses may apply to the Court for an order ordaining the party entitled to expenses to lodge an account of expenses in process.

(3) An application under paragraph (2) is to be made by motion.

Commencement Information

I3 Rule 19.3 in force at 1.1.2016, see rule 1.1(2)

Procedure for taxation of expenses S

19.4.—(1) Where an account of expenses is lodged for taxation, the Clerk must transmit the account and the process to the auditor of court.

(2) The auditor of court must—

(a) fix a taxation hearing no sooner than 7 days after the auditor receives the account;

(b) intimate the date, time and place of the taxation hearing to every party.

(3) If the auditor reserves consideration of the account at the taxation hearing, the auditor must intimate the auditor’s decision to the parties who attended the hearing.

(4) After the account has been taxed, the auditor must transmit the account and the process, together with the auditor’s report, to the Clerk.

(5) Where no objections are lodged under rule 19.5, the Court may grant decree for the expenses as taxed.

Commencement Information

I4 Rule 19.4 in force at 1.1.2016, see rule 1.1(2)

Objections to taxed account S

19.5.—(1) A party may lodge a note of objections to an account as taxed only where the party attended the taxation hearing.

(2) A note of objections must be lodged within 7 days after—

(a) the taxation hearing; or

(b) where the auditor reserved consideration of the account, the date on which the auditor intimates the auditor’s decision to the parties.

(3) The Court is to dispose of the note of objections in a summary manner, with or without answers.

Commencement Information

I5 Rule 19.5 in force at 1.1.2016, see rule 1.1(2)

Decree for expenses in name of solicitor S

19.6.  The Court may allow a decree for expenses to be extracted in the name of the solicitor who conducted the appeal.

Commencement Information

I6 Rule 19.6 in force at 1.1.2016, see rule 1.1(2)

Expenses of curator ad litem appointed to a respondent S

19.7.—(1) This rule applies where a curator ad litem is appointed to any respondent to an appeal.

(2) The appellant is responsible in the first instance for the payment of the expenses of a curator ad litem mentioned in paragraph (3).

(3) Those expenses are any fees of the curator ad litem and any outlays incurred by the curator from the date of appointment until any of the following steps occur—

(a) the lodging of a minute stating that the curator does not intend to lodge answers to the note of appeal;

(b) the lodging of answers by the curator, or the adoption of answers that have already been lodged;

(c) the discharge of the curator before either of the steps in subparagraphs (a) or (b) occurs.

Commencement Information

I7 Rule 19.7 in force at 1.1.2016, see rule 1.1(2)

(1)

S.S.I. [xxx/xxxx].