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Act of Sederunt (Rules of the Court of Session 1994 Amendment No.2) (Fees of Solicitors) 1995

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Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 Amendment No.2) (Fees of Solicitors) 1995 and shall come into force on 22nd June 1995.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session 1994

2.—(1) The Rules of the Court of Session 1994(1) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 42.1(2)—

(a)for the word “The” substitute the word “Any”; and

(b)in sub-paragraph (a), for the words “within a period of four months” substitute the words “not later than four months”.

(3) In rule 42.13—

(a)after paragraph (2), insert the following paragraph—

“(2A) Subject to paragraph (3)(a) in the case of a skilled witness and paragraph (3)(b) in the case of a professional witness, in any cause in which evidence has been given by affidavit, charges shall be allowed to the deponent in terms of paragraph (2) of this rule or of paragraph (2)(a)(iii) of Chapter II of the Table of Fees as the case may be.”; and

(b)in paragraph (2) after “(2)” insert the words “or (2A)”.

(4) In paragraph 1 of Chapter I of the Table of Fees in rule 42.16, omit note (2) and renumber note (3) as note (2).

(5) In paragraph 5 of Part V of Chapter III of the Table of Fees in rule 42.16, omit note (2) and renumber note (3) as note (2).

(6) In Chapters I and III of the Table of Fees in rule 42.16 in the paragraphs specified in column 1 of the Schedule to this Act of Sederunt, for the fees and outlays set out in column 2 of that Schedule as applying to those paragraphs, there shall be substituted the fees and outlays set out in column 3 of that Schedule; and the fees and outlays so substituted shall apply to work done and outlays incurred, for which those fees and outlays are chargeable, on or after the date on which this Act of Sederunt comes into force.

Saving

3.  The fees and outlays set out in column 2 of the Schedule to this Act of Sederunt shall continue to apply to work done and outlays incurred before this Act of Sederunt comes into force.

Hope of Craighead

Lord President, IPD

Edinburgh

31st May 1995

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