Paragraph 32.3 Diet of taxationF1
Where an account of expenses awarded in a cause is lodged for taxation, the sheriff clerk must transmit the account and the process to the auditor of court.
Subject to paragraph (3), the auditor of court must fix a diet of taxation on receipt of—
the account of expenses;
the process;
vouchers in respect of all outlays claimed in the account, including counsel’s fees; and
a letter addressed to the auditor of court—
confirming that the items referred to in sub-paragraph (c) have been intimated to the party found liable in expenses; and
providing such information as is required to enable the auditor of court to give intimation to the party found liable in expenses in accordance with paragraph (4)(b).
The auditor of court must fix a diet of taxation where paragraph (2)(c) or (d), or both, have not been complied with.
The auditor of court shall intimate the diet of taxation to—
the party found entitled to expenses; and
the party found liable in expenses.
The party found liable in expenses may, not later than F21600 hours on the F3fifteenth day before the diet of taxation, intimate to the auditor of court and to the party found entitled to expenses particular points of objection, specifying each item objected to and stating concisely the nature and ground of objection.
Subject to paragraph (7), if the party found liable in expenses fails to intimate points of objection under paragraph (5) within the time limit set out there, the auditor of court must not take account of them at the diet of taxation.
Where a failure to comply with the requirement contained in paragraph (5) was due to mistake, oversight or other excusable cause, the auditor of court may relieve a party of the consequences of such failure on such conditions, if any, as the auditor thinks fit.
At the diet of taxation, or within such reasonable period of time thereafter as the auditor of court may allow, the party found entitled to expenses must make available to the auditor of court all documents, drafts or copies of documents sought by the auditor and relevant to the taxation.
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Annotations
Textual amendments
- F1
Sch. 1 rules 32.3, 32.3A, 32.4, 32.5 substituted for rules 32.3, 32.4 (29.4.2019) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Ordinary Cause Rules Amendment) (Taxation of Judicial Expenses) 2019 (S.S.I. 2019/74), paras. 1(2), 3(7) (with para. 2)
- F2
Words in Sch. 1 rule 32.3(5) substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Ordinary Cause Rules 1993 Amendment) (Taxation of Judicial Expenses) 2024 (S.S.I. 2024/323), paras. 1(2), 5(2)(a)(i) (with para. 2)
- F3
Word in Sch. 1 rule 32.3(5) substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Ordinary Cause Rules 1993 Amendment) (Taxation of Judicial Expenses) 2024 (S.S.I. 2024/323), paras. 1(2), 5(2)(a)(ii) (with para. 2)
- F4
Sch. 1 rule 32.3(9) omitted (1.1.2025) by virtue of Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Ordinary Cause Rules 1993 Amendment) (Taxation of Judicial Expenses) 2024 (S.S.I. 2024/323), paras. 1(2), 5(2)(b) (with para. 2)
Notes on Schedule First
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, para. 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
Modifications
- C1
Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
- C2
Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
- C3
Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5