The Act of Sederunt (Fees of Solicitors and Shorthand Writers in the Court of Session, Sheriff Appeal Court and Sheriff Court Amendment) 2016 makes amendments and additions to fees in these courts. In relation to shorthand writers' fees, these have been increased by 3.5%. The fees chargeable by shorthand writers in relation to proceedings in the Court of Session and civil proceedings in the sheriff court relate to attendance, transcripts and providing copies.
The Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 is amended by adding paragraph 3A which makes provisions for fees for cases raised under the core Simple Procedure Rules, as part of the simple procedure implementation.
This Act of Sederunt also includes an amendment to allow an auditor to increase or reduce an inclusive fee in defended ordinary actions in the sheriff court, in the appropriate circumstance. This brings the powers of sheriff court auditors in line with that of the auditor of the Court of Session.
Paragraphs 3(3) and (4) amend the table of fees to make provision for a pre-litigation fee payable under a finding of expenses. This relates to sheriff court personal injury actions, where the pre-action protocol has been carried out prior to an action being raised.
Amendment of the Act of Sederunt (Fees of Solicitors in the Sheriff Appeal Court) 2015, makes minor amendments to the Table of Fees for proceedings in the Sheriff Appeal Court relating to simple procedure.
The Act comes into force on the 28 November 2016.