Expenses: A Civil Practitioner’s Handbook

✍ Scribed by Iain W Nicol (editor)

• Publisher: Edinburgh University Press
• Year: 2022
• Tongue: English
• Leaves: 442
• Category: Library

✦ Synopsis

Your complete guide to Expenses in Scotland

• Takes into account new costs and funding legislation including Damages Based Agreements, QOCS and Taxation Rules
• Covers many important and recent cases including Finlay v Borders Health Board, Van Klavern v Servisair UK Ltd and Ho v Adelekun
• Appendices provide full copies of: 1.The Qualified One Way Cost Shifting Regulations 2021, Success Fee Agreement Regulations 2020 and the Taxation of Judicial Expenses Rules 2019, the rules on Group proceedings and Pursuers’ Offers; 2. The Compulsory and Voluntary Pre-Action Protocols for personal injury claims; 3. Styles for Success Fee Agreements, Pursuers’ Offers and Tenders; 4. The Faculty Scheme for Accounting and Collection of Counsels’ Fees

Written by practitioners for practitioners, this definitive handbook covers all of the main aspects of costs and funding issues encountered in the Scottish Civil Courts. It covers the routes to funding, when expenses may be sought, the court’s powers in awarding expenses and provides detail on issues including Success Fee Agreements, Qualified One Way Cost Shifting, Pre-Action Protocols, Pursuers’ Offers and Tenders, party Litigants, Amendment, Abandonment, Caution and Simple Procedure. It brings together all of the key legislation, court rules and judgments to provide a user-friendly and quick-reference guide to expenses law and practice.

✦ Table of Contents

Contents
Foreword
Preface
Table of Statutes
Table of Orders, Rules and Regulations
Table of Cases
1 Law Society of Scotland Rules and Guidance on Fees
2 Pre-Action Protocols
3 Qualified One-Way Cost Shifting
4 Success Fee Agreements
5 Certification of Skilled Persons
6 Conduct and Expenses
7 Sanction for Counsel in the Sheriff Court
8 Party Litigants
9 Amendment of Pleadings
10 Caution, Consignation and Other Security
11 Expenses of Commissions
12 Pursuers’ Offers
13 Tenders
14 Abandonment
15 Interest on Expenses
16 Employment Cases
17 Group Proceedings
18 Family Proceedings
19 Interim Awards of Expenses
20 Additional Fees and Charges
21 Taxation of Expenses
22 Taxation Procedure
23 Practical Example of Judicial Account
24 Vexatious Litigant Orders
25 Simple Procedure
26 Miscellaneous Expenses Issues
Appendices
Appendix 1: Legislation and Protocols
Appendix 2: Success Fee Agreement and Cooling Off Notice Templates
Appendix 3: Faculty of Advocates Fees Scheme
Appendix 4: Styles Relating to Pursuers’ Offers and Tenders
Index