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Act of Sederunt (Taxation of Judicial Expenses Rules) (Amendment) 2026

S.S.I. 2026/238 · Made 18 August 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Court Of Session

Sheriff Appeal Court

Sheriff Court

Made 18th August 2026

Laid before the Scottish Parliament 20th August 2026

Coming into force 10th October 2026

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013f1, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 1(2) of the Litigants in Person (Costs and Expenses) Act 1975f2, sections 105(1) and 106(1) of the Courts Reform (Scotland) Act 2014f3 and all other powers enabling it to do so.

Annotations to the whole text

Footnotes

f1

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

f2

1975 c. 47. Section 1(2) was last amended by the Tribunals, Courts and Enforcement Act 2007 (c. 15), schedule 8, paragraph 6(2).

f3

2014 asp 18. Sections 105(1) and 106(1) were modified by S.S.I. 2018/158.

Contents

  1. 1Citation and commencement, etc.
  2. 2Amendment of Act of Sederunt (Taxation of Judicial Expenses Rules) 2019
  3. 3Saving
  4. Signature
  5. Explanatory note

1Citation and commencement, etc.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Taxation of Judicial Expenses Rules) (Amendment) 2026.

(2)

It comes into force on 10th October 2026.

(3)

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

2Amendment of Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

(1)

The Act of Sederunt (Taxation of Judicial Expenses Rules) 2019f1 is amended in accordance with this paragraph.

(2)

In rule 3.2 (the unit)f2, for “£18.00”, substitute “£22.10”.

(3)

In rule 3.7 (simple procedure)—

(a)

the heading becomes “reduction of charges”;

(b)

for sub-paragraph (1), substitute—

“(1)

This rule applies in any simple procedure case where expenses fall to be taxed or assessed by reference to a table of charges in schedule 5.”;

(c)

in sub-paragraph (3), omit “allowed by the Auditor, as”.

(4)

In rule 4.2 (allowance of outlays), after “outlays” insert “(including court fees)”.

3Saving

Paragraph 2(2) has no effect as regards fees payable in respect of work carried out before 10th October 2026.

Signature

PAUL CULLEN

Lord President

I.P.D.

Edinburgh

18th August 2026

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Taxation of Judicial Expenses Rules) 2019 (“the 2019 Rules”).

The instrument amends the value of the “unit” in rule 3.2 of the 2019 Rules by increasing it to £22.10. This increase takes effect on 10th October 2026 and only has effect in respect of work carried out on or after that date.

Rule 3.7 of the 2019 Rules is amended to make it clear that it relates to the reduction of charges.

Rule 4.2 of the 2019 Rules is amended to make it clear that court fees are an allowable outlay.