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CHAPTER 1CITATION, APPLICATION AND INTERPRETATION ETC.

Citation and commencement, etc.

1.1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Taxation of Judicial Expenses Rules) 2019.

(2) It comes into force on 29th April 2019.

(3) A certified copy is to be inserted in the Books of Sederunt.

Application

1.2.—(1) Subject to paragraphs (3) and (4), these Rules apply to the taxation of accounts of expenses, and for related purposes, where—

(a)the expenses were incurred in—

(i)proceedings in the Court of Session;

(ii)proceedings in the Sheriff Appeal Court; or

(iii)proceedings, other than a summary cause, in the sheriff court;

(b)the proceedings were commenced on or after the coming into force of these Rules; and

(c)the taxation is pursuant to a finding that a party (“the paying party”) is liable in expenses to another party (“the entitled party”).

(2) For the purposes of paragraph (1)(b)—

(a)proceedings in the Sheriff Appeal Court; and

(b)proceedings in the Inner House of the Court of Session under Chapters 38, 39 or 40 of the Rules of the Court of Session 1994(1), other than on remit from the Sheriff Appeal Court,

are distinct proceedings.

(3) Chapter 7 (payments to witnesses and fees of shorthand writers) and schedules 6 and 7 apply in relation to proceedings referred to in paragraphs (1)(a) and (b).

(4) Chapter 8 (diligence) applies where the chargeable work was carried out on or after the coming into force of these Rules.

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(2);

“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(3);

“summary cause” means proceedings, subject to the procedure introduced by section 35 of the Sheriff Courts (Scotland) Act 1971(4).

(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)

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. 2018/348.

(3)

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.

(4)

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.