**DISCONTINUED** Cabot Financial Court Summons ( Scotland )

[ScottishSolicitor]

Oh blinking heck just to complicated it further just realised your claim was started in 2014 wasn't it? So it's not Simple Procedure rules,its Small Claims rules ( Simple started Nov 2016 I think )


Think you're advising us on this one Ruby tbh …. maybe when all this is FINALLY over with you can do a guide to the main points of dealing with these cases through Scots court system. Put all the learning and work you've done in this ( and other) cases down on paper to help other people out in the future ( rather than having me rambling away trying to figure it out lol )

This sounds like it may have been an (old) summary cause action before the change to Simple Procedure. Is that correct Ruby? When was the action raised and how much was sued for?

[Amethyst]

It was 2014 and for £4000 afaik ( thanks for looking in )

[Ruby]

Thanks Ame xx Yes it was 2014. Two accounts bundled together for just over 4K

[Ruby]

I would really appreciate your input ScottishSolicitor

[ScottishSolicitor]

I would really appreciate your input ScottishSolicitor

Ok, firstly you should not treat this as legal advice that you should rely on because I have only looked into this briefly and, of course, you are not a client of mine. But the starting point I think would be to submit detailed accounts of expenses under Chapter IV of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993. Once the account or accounts (if you submit one each) are assessed and then approved by the Sheriff the Act of Sederunt (Expenses of Party Litigants) 1976 operates. This restricts expenses to party litigants (and it seems their lay representative) to

1. Work done which was reasonably required in connection with the cause, up to the 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
2. Outlays reasonably incurred for the proper conduct of the cause

I recommend googling the Act of Sederunt (Expenses of Party Litigants) 1976 and reading the whole thing for further guidance.