Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

Interpretation

1.3.—(1) In these Rules—

“counsel” means an advocate or solicitor advocate;

“the court” in relation to proceedings in the sheriff court means the sheriff;

“member of the Association of Commercial Attorneys” means a person who has rights to conduct litigation or rights of audience by virtue of the scheme to which effect was given by Act of Sederunt (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) (Association of Commercial Attorneys) 2009(1);

“paying party” and “entitled party” have the meaning given in rule 1.2(1)(c);

“solicitor advocate” means a solicitor having a right of audience in the Court of Session under section 25A of the Solicitors (Scotland) Act 1980(2);

“summary cause” means proceedings, subject to the procedure introduced by section 35 of the Sheriff Courts (Scotland) Act 1971(3).

(2) In relation to simple procedure cases—

(a) references to the taxation of an account of expenses include the assessment of an account of expenses, and

(b) references to the Auditor include the sheriff clerk.

(3) A charge or a fee relating to a document or communication that is prescribed by reference to a number of words is chargeable in respect of each multiple of that number of words or part thereof.

(1)

S.S.I. 2009/163.

(2)

1980 c.46. Section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.24), section 24, and was last amended by the Enterprise and Regulatory Reform Act 2013 (c.24), schedule 6(1), paragraph 10.

(3)

1971 c.58. Section 35 is repealed by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 6(2) which was brought into force in part by S.S.I. 2016/291.