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Expenses: A Civil Practitioner’s Handbook

Edited by: Iain W. Nicol, James S. Flett

ISBN13: 9781474477390
Published: October 2022
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Paperback
Price: £85.00



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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.

Subjects:
Scots Law
Contents:
Foreword
Table of Statutes
[Table of Orders, Rules and Regulations]
Table of Cases

Law Society of Scotland Rules and Guidance on Fees
Pre-Action Protocols
Qualified One Way Cost Shifting
Success Fee Agreements
Certification of Skilled Persons
Conduct and Expenses
Sanction for Counsel in the Sheriff Court
Party Litigants
Amendments of Pleading
Caution, Consignation and Other Security
Expenses in Commissions
Pursuers’ Offers
Tenders
Abandonment
Interest on Expenses
Employment Cases
Group Proceedings
Family Proceedings
Interim Awards of Expenses
Additional Fees and Charges
Taxation of Expenses
Taxation Procedure
Practical Example of Judicial Account
Vexatious Litigant Orders
Simple Procedure
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