Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session 1994 are amended in accordance with this paragraph.
2
In rule 42.16(3) (table of fees), in Chapter III of the Table of Fees—
a
in Part V (defended actions) , for paragraph 21 (settlement), substitute—
21. | Settlement
| (a) | Judicial tender or pursuer’s offer— |
| | (i) | lodging or considering first tender or pursuer’s offer | 234.00
| | (ii) | lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings | 156.00
| | (iii) | considering each further tender or pursuer’s offer | 156.00
| | (iv) | if tender accepted, additional fee to each accepting party | 156.00
| | (v) | if pursuer’s offer accepted, additional fee to offering party | 156.00
| (b) | Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute | 390.00
| (c) | The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement | 624.00
| (d) | If consultation held to consider tender, pursuer’s offer, extrajudicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour | 39.00
;
b
in Part VA (defended personal injury actions commenced on or after 1 April 2003) , for paragraph 21 (settlement), substitute—
21. | Settlement
| (a) | Judicial tender or pursuer’s offer— |
| | (i) | lodging or considering first tender or pursuer’s offer | 234.00
| | (ii) | lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings | 156.00
| | (iii) | considering each further tender or pursuer’s offer | 156.00
| | (iv) | if tender accepted, additional fee to each accepting party | 156.00
| | (v) | if pursuer’s offer accepted, additional fee to offering party | 156.00
| (b) | Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute | 390.00
| (c) | The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement | 624.00
| (d) | If consultation held to consider tender, pursuer’s offer, extrajudicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour | 39.00
.
The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), last amended by S.S.I. 2017/52.
Part V was substituted by S.S.I. 2014/15.
Part VA was substituted by S.S.I. 2014/15.