Sheriff Appeal Court Citation and commencement, etc. 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Appeal Court) 2015. 2 It comes into force on 1st January 2016. 3 A certified copy is to be inserted in the Books of Sederunt. Application 2 1 This Act of Sederunt regulates the taxation of accounts of expenses between party and party in the Court. 2 Nothing in this Act of Sederunt affects the inherent powers of the Court in relation to expenses. Interpretation 3 1 In this Act of Sederunt— “advocate” means a practising member of the Faculty of Advocates; “the Court” means the Sheriff Appeal Court; “solicitor” means a person qualified to practise as a solicitor under section 4 of the Solicitors (Scotland) Act 1980 ; “solicitor advocate” means a solicitor having a right of audience before the Court of Session by virtue of section 25A of the Solicitors (Scotland) Act 1980 . 2 In this Act of Sederunt— a a sheet consists of 250 words or numbers; b a page consists of 125 words. 3 Where there is a reference in this Act of Sederunt to a rule, it is a reference to that rule in the Act of Sederunt (Sheriff Appeal Court Rules) 2015 . Basis of charging 4 1 A solicitor may prepare an account of expenses on the basis of— a Schedule 1 (detailed fees); or b Schedule 2 (inclusive fees). 2 A solicitor may not prepare an account of expenses partly on the basis of Schedule 1 and partly on the basis of Schedule 2. 3 Only the proper expenses of process may be included in an account of expenses. Outlays 5 Any outlays reasonably incurred by a solicitor in relation to an appeal may be included in an account of expenses. Value added tax 6 1 This paragraph applies where work done by a solicitor constitutes a supply of services in respect of which value added tax is chargeable. 2 The amount of value added tax chargeable may be included in an account of expenses. Copying of documents 7 1 This paragraph applies where a solicitor proposes to include a charge for copying of documents in an account of expenses. 2 Where the copying was done other than in the place of business of the solicitor, it is to be shown as an outlay. 3 The account of expenses must specify— a the purpose of the copying; b the number of copies made; c the amount of the charge or outlay that the solicitor proposes should be allowed. 4 The auditor of court is only to allow a charge or outlay if the auditor determines that— a the copying had to be done in circumstances which were in some way exceptional; b the documents which required to be copied were unusually numerous having regard to the nature of the appeal. 5 Where the auditor allows a charge or outlay, the auditor is to allow an amount that the auditor considers reasonable in the circumstances. Travel time 8 Where a charge for travel time is included in an account of expenses, the auditor is only to allow it on cause shown. Employment of advocate or solicitor advocate 9 1 This paragraph applies where the Court has sanctioned work in an appeal as suitable for the employment of counsel. 2 Where an advocate or a solicitor advocate is instructed, the auditor is to allow— a the reasonable fees of an advocate or a solicitor advocate for doing that work; and b the applicable fees for instructing an advocate or a solicitor advocate. 3 Where a consultation is reasonably required in relation to that work, the auditor may allow— a the reasonable fees of an advocate or a solicitor advocate for the consultation; b the applicable fees for attending a consultation. 4 Except on cause shown, the auditor may only allow fees under paragraph (3) in respect of one consultation in the course of the appeal. 5 Where a solicitor advocate is not instructed by another solicitor, the auditor is not to allow the fees mentioned in subparagraphs (2)(b) and (3)(b). Disallowance of expenses 10 1 At taxation, the auditor may only allow expenses if they are reasonable for conducting the appeal in a proper manner. 2 The auditor is to disallow any expenses— a that the auditor considers to be unnecessary; b in relation to any part of the appeal where the party entitled to expenses was unsuccessful; c where any part of the expenses have been incurred through the fault of the party entitled to them. Inclusive fees: modification by auditor 11 Where an account of expenses is prepared on the basis of Schedule 2 (inclusive fees), the auditor may increase or reduce any fee if the auditor thinks it appropriate to do so. CJM Sutherland Lord Justice Clerk I.P.D. Edinburgh 17th November 2015