Act of Sederunt (Fees of Solicitors in the Sheriff Appeal Court) 2015

Citation and commencement, etc.

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Appeal Court) 2015.

(2) It comes into force on 1st January 2016.

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

Application

2.—(1) This Act of Sederunt regulates the taxation of accounts of expenses between party and party in the Court.

(2) Nothing in this Act of Sederunt affects the inherent powers of the Court in relation to expenses.

Interpretation

3.—(1) In this Act of Sederunt—

“advocate” means a practising member of the Faculty of Advocates;

“the Court” means the Sheriff Appeal Court;

“solicitor” means a person qualified to practise as a solicitor under section 4 of the Solicitors (Scotland) Act 1980(1);

“solicitor advocate” means a solicitor having a right of audience before the Court of Session by virtue of section 25A of the Solicitors (Scotland) Act 1980(2).

(2) In this Act of Sederunt—

(a) a sheet consists of 250 words or numbers;

(b) a page consists of 125 words.

(3) Where there is a reference in this Act of Sederunt to a rule, it is a reference to that rule in the Act of Sederunt (Sheriff Appeal Court Rules) 2015(3).

Basis of charging

4.—(1) A solicitor may prepare an account of expenses on the basis of—

(a) Schedule 1 (detailed fees); or

(b) Schedule 2 (inclusive fees).

(2) A solicitor may not prepare an account of expenses partly on the basis of Schedule 1 and partly on the basis of Schedule 2.

(3) Only the proper expenses of process may be included in an account of expenses.

Outlays

5.  Any outlays reasonably incurred by a solicitor in relation to an appeal may be included in an account of expenses.

Value added tax

6.—(1) This paragraph applies where work done by a solicitor constitutes a supply of services in respect of which value added tax is chargeable.

(2) The amount of value added tax chargeable may be included in an account of expenses.

Copying of documents

7.—(1) This paragraph applies where a solicitor proposes to include a charge for copying of documents in an account of expenses.

(2) Where the copying was done other than in the place of business of the solicitor, it is to be shown as an outlay.

(3) The account of expenses must specify—

(a) the purpose of the copying;

(b) the number of copies made;

(c) the amount of the charge or outlay that the solicitor proposes should be allowed.

(4) The auditor of court is only to allow a charge or outlay if the auditor determines that—

(a) the copying had to be done in circumstances which were in some way exceptional;

(b) the documents which required to be copied were unusually numerous having regard to the nature of the appeal.

(5) Where the auditor allows a charge or outlay, the auditor is to allow an amount that the auditor considers reasonable in the circumstances.

Travel time

8.  Where a charge for travel time is included in an account of expenses, the auditor is only to allow it on cause shown.

Employment of advocate or solicitor advocate

9.—(1) This paragraph applies where the Court has sanctioned work in an appeal as suitable for the employment of counsel.

(2) Where an advocate or a solicitor advocate is instructed, the auditor is to allow—

(a) the reasonable fees of an advocate or a solicitor advocate for doing that work; and

(b) the applicable fees for instructing an advocate or a solicitor advocate.

(3) Where a consultation is reasonably required in relation to that work, the auditor may allow—

(a) the reasonable fees of an advocate or a solicitor advocate for the consultation;

(b) the applicable fees for attending a consultation.

(4) Except on cause shown, the auditor may only allow fees under paragraph (3) in respect of one consultation in the course of the appeal.

(5) Where a solicitor advocate is not instructed by another solicitor, the auditor is not to allow the fees mentioned in subparagraphs (2)(b) and (3)(b).

Disallowance of expenses

10.—(1) At taxation, the auditor may only allow expenses if they are reasonable for conducting the appeal in a proper manner.

(2) The auditor is to disallow any expenses—

(a) that the auditor considers to be unnecessary;

(b) in relation to any part of the appeal where the party entitled to expenses was unsuccessful;

(c) where any part of the expenses have been incurred through the fault of the party entitled to them.

Inclusive fees: modification by auditor

11.  Where an account of expenses is prepared on the basis of Schedule 2 (inclusive fees), the auditor may increase or reduce any fee if the auditor thinks it appropriate to do so.

CJM Sutherland

Lord Justice Clerk

I.P.D.

Edinburgh

17th November 2015