Article 1.2 ApplicationI1

Scotland

(1)

Subject to paragraphs (3) and (4), these Rules apply to the taxation of accounts of expenses, and for related purposes, where—

(a)

the expenses were incurred in—

(i)

proceedings in the Court of Session;

(ii)

proceedings in the Sheriff Appeal Court; or

(iii)

proceedings, other than a summary cause, in the sheriff court;

(b)

the proceedings were commenced on or after the coming into force of these Rules; and

(c)

the taxation is pursuant to a finding that a party (“the paying party”) is liable in expenses to another party (“the entitled party”).

(2)

For the purposes of paragraph (1)(b)—

(a)

proceedings in the Sheriff Appeal Court; and

(b)

proceedings in the Inner House of the Court of Session under Chapters 38, 39 or 40 of the Rules of the Court of Session 1994^f1, other than on remit from the Sheriff Appeal Court,

are distinct proceedings.

(3)

Chapter 7 (payments to witnesses and fees of shorthand writers) and schedules 6 and 7 apply in relation to proceedings referred to in paragraphs (1)(a) and (b).

(4)

Chapter 8 (diligence) applies where the chargeable work was carried out on or after the coming into force of these Rules.

Annotations

Commencement

I1: Rule 1.2 in force at 29.4.2019, see rule 1.1(2)

Footnotes

f1: The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), last amended by S.S.I. 2018/348.