The Inquiries (Scotland) Rules 2007

Review by the Auditor of the Court of Session of the amount of an award for legal representation

25.—(1) Where the applicant has replied under rule 24(5) and there remains a dispute, the chairman must either–

(a) refer the initial assessment to the Auditor of the Court of Session together with all relevant evidence and documentation, including the application and any correspondence between the solicitor to the inquiry and the applicant given under rules 21 and 24; or

(b) require the solicitor to the inquiry to issue a final assessment of the amount of the award.

(2) Where the initial assessment of the amount of an award for legal representation has been referred under paragraph (1)(a), the Auditor of the Court of Session must hold a review hearing within a reasonable time.

(3) The Auditor of the Court of Session must notify the solicitor to the inquiry and the applicant of the date and location of the review hearing, in writing, as soon as practicable and in any event not later than 14 days before the date of the hearing.

(4) A person other than–

(a) the applicant;

(b) the solicitor to the inquiry; and

(c) the applicant’s qualified lawyers,

may be heard at the review hearing only if the Auditor of the Court of Session gives permission for that person to be heard.