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Party Litigants

A party litigant is someone who does not have the benefit of legal representation but as a party to an action chooses to make their own representations to the court.
Where the court finds a party litigant entitled to expenses the Auditor may allow those sums which are reasonable having regard to the following:

work done which was reasonably required in connection with the cause, up to a maximum of two-thirds of the sum allowable to a solicitor for that work under the table of fees for solicitors in judicial proceedings; and
outlays reasonably incurred for the proper conduct of the cause.
In determining what sum to allow the Auditor shall have regard to the following:

(a) the nature of the work;

(b) the time taken and the time reasonably required to do the work;

(c) the amount of time spent in respect of which there is no loss of earnings;

(d) the amount of any earnings lost during the time required to do the work;

(e) the importance of the cause to the party litigant;

(f) the complexity of the issues involved in the cause;

(For the Table of Fees of Solicitors in the Court of Session you can obtain a copy of The Scottish Law Directory, Fees Supplement Book, from LexisNexis, Robert Stevenson House, Baxter”s Place, EDINBURGH, EH1 3AF – Tel: 0131 556 2424/Fax: 0131 524 1796)

Please refer to ‘Judicial’ for the procedure and authority relevant to Taxation of Judicial Accounts and Proceedings.

For general guidance/enquiries, please refer to the Homepage for details on how to contact us.

Please note that the Office of the Auditor of the Court of Session is unable to provide guidance on the preparation of accounts. If assistance is required it may be appropriate to seek the professional services of a Law Accountant.