Sheriff Courts (Scotland) Act 1907 (c. 51)

SCHEDULES

F1 First Schedule S ORDINARY CAUSE RULES 1993

Textual Amendments

F1 Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Initiation and progress of causes S

CHAPTER 32 S TAXATION OF EXPENSES

Taxation before decree for expenses S

32.1. Expenses allowed in any cause, whether in absence or in foro contentioso, unless modified at a fixed amount, shall be taxed before decree is granted for them.

Order to lodge account of expenses S

[F2 32.1A. A party found liable in expenses may from 4 months after the date of the interlocutor finding him so liable apply by motion for an order ordaining the party entitled to expenses to lodge an account of those expenses in process.]

Textual Amendments

F2 Sch. 1 rule 32.1A inserted (21.5.2004) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 (S.S.I. 2004/197), art. 2(12)

Decree for expenses in name of solicitor S

32.2. The sheriff may allow a decree for expenses to be extracted in the name of the solicitor who conducted the cause.

Procedure for taxation S

32.3. (1) Where an account of expenses awarded in a cause is lodged for taxation, the account and process shall be transmitted by the sheriff clerk to the auditor of court.

(2) The auditor of court shall—

(a) assign a diet of taxation not earlier than 7 days from the date he receives the account from the sheriff clerk; and

(b) intimate that diet forthwith to the party who lodged the account.

(3) The party who lodged the account of expenses shall, on receiving intimation from the auditor of court under paragraph (2)—

(a) send a copy of the account, and

(b) intimate the date, time and place of the diet of taxation,

to every other party.

(4) After the account has been taxed, the auditor of court shall transmit the process with the account and his report to the sheriff clerk.

(5) Where the auditor of court has reserved consideration of the account at the diet of taxation, he shall intimate his decision to the parties who attended the taxation.

(6) Where no objections are lodged under rule 32.4 (objections to auditor’s report), the sheriff may grant decree for the expenses as taxed.

Objections to auditor’s report S

32.4. (1) A party may lodge a note of objections to an account as taxed only where he attended the diet of taxation.

(2) Such a note shall be lodged within 7 days after—

(a) the diet of taxation; or

(b) where the auditor of court reserved consideration of the account under paragraph (5) of rule 32.3, the date on which the auditor of court intimates his decision under that paragraph.

(3) The sheriff shall dispose of the objection in a summary manner, with or without answers.