Act of Sederunt (Rules of the Court of Session Amendment No.8) (Fees of Solicitors in Speculative Actions) 1992

Made: 23rd July 1992

Coming into force: 17th August 1992

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 1988([^f00001]), section 61A(4) of the Solicitors (Scotland) Act 1980([^f00002]), and of all other powers enabling them in that behalf, having consulted the Council of the Law Society of Scotland, do hereby enact and declare:

Citation and commencement

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.8) (Fees of Solicitors in Speculative Actions) 1992 and shall come into force on 17th August 1992.

• (2) This Act of Sederunt shall be inserted in the Books of Sederunt.

2

• (1) The Rules of the Court of Session([^f00003]) shall be amended in accordance with the following sub-paragraphs—

• (2) After rule 350 (remit of Auditor’s account for taxation)([^f00004]), insert the following rule—

(350A) Fees of solicitors in speculative actions (1) Where— (a) any work is undertaken by a solicitor in the conduct of litigation for a client; and (b) the solicitor and client agree that the solicitor shall be entitled to a fee for the work only if the client is successful in the litigation; and (c) the agreement is that the solicitor’s fee for all work in connection with the litigation is to be based on an account prepared as between party and party, the solicitor and client may agree that the fees element in that account, as hereinafter defined, shall be increased by a figure not exceeding 100 per cent. (2) The client of the solicitor shall be deemed to be successful in the litigation where— (a) the litigation has been concluded by the pronouncing of a decree by the court which, on the merits, is to any extent in his favour; (b) the client has accepted a sum of money in settlement of the litigation; or (c) the client has entered into a settlement of any other kind by which his claim in the litigation has been resolved to any extent in his favour. (3) The fees element referred to in paragraph (1) above shall, subject to paragraph (4) below, comprise all the fees in the solicitor’s account of expenses for which any other party to the litigation has been found liable, taxed as between party and party or agreed, before the deduction of any award of expenses against the client. (4) The fees element referred to in paragraph (3) above shall not include the sums payable to the solicitor in respect of— (a) any fees payable for copying papers and the proportion of any Session fee and posts and incidents exigible thereon; (b) any additional fee allowed under Rule of Court 347(d)([^f00005]) to cover the responsibility undertaken by the solicitor in the conduct of the litigation; and (c) any charges by the solicitor for his outlays.

Signed

J.A.D. Hope — Lord President I.P.D. — 23rd July 1992

Explanatory note

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

This Act of Sederunt amends the Rules of the Court of Session in relation to solicitors' fees in speculative actions by—

• (a) enabling the solicitor and the client to agree that in the event of the success of the client the fees element in the solicitor’s account of expenses shall be increased by a maximum of 100% (paragraph 2(2));

• (b) defining “success” for the purpose of determining whether the solicitor is entitled to a fee (paragraph 2(2)); and

• (c) defining the fees element for the purpose of applying the agreed percentage increase (paragraph 2(2)).

Footnotes

[^f00001]: 1988 c. 36.

[^f00002]: 1980 c. 46; section 61A was inserted by section 36(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

[^f00003]: S.I. 1965/321.

[^f00004]: Rule 350 was substituted by S.I. 1992/1433.

[^f00005]: Rule 347(d) was amended by S.I. 1991/272.