Article

16 June 08

Expenses rule relaxed

Court of Session rules on expenses have been relaxed so that an account can now seek to charge for more than one solicitor

The Lord President’s Advisory Committee has accepted a submission from the

Society’s Remuneration Committee, that in a Court of Session judicial account the restriction in rule 42.9 to a single solicitor is no longer appropriate and does not

reflect current practice, particularly in commercial actions.

By Act of Sederunt which came into force on 1 April 2008, the rule was changed and now reads: “An account of expenses presented to the Auditor in accordance with an order of the court shall set out in chronological order all items in respect of which fees are claimed.” The words “and shall be taxed as if the whole work in the cause had been carried out by one solicitor” have been removed.

This means that an account can now seek to charge for more than one solicitor

in an action in the Court of Session where the work has been done on or after 1 April. The alteration to the rule does not affect taxation in respect of work done, or outlays incurred, before 1 April 2008.

At its April meeting the Society’s Council congratulated the Remmuneration Committee on its success.

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