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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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I am looking advice from a Scottish Law Accountan

Customer Question

I am looking for some advice from a Scottish Law Accountant
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
There are no Scots law accountants on this forum. I am a solicitor with 30 years experience of civil court experience. Can I help you with this?
-Could you explain your situation a little more?
Customer: replied 1 year ago.

Hi

I think that we have spoken before.

You had advised me previously to contact a law accountant concerning an expenses invoice. This was for a case which was a small claim but the expenses were awarded on the Summary Cause scale.

I had contacted a law accountant and then I submitted an appeal, which I lost. I had contacted the law accountant again but he has not replied.

My query refers to the expenses invoice for the appeal hearing as I have Diet of Assessment this week and wanted to know if the costs were in order.

Do you have any knowledge of the Summary Cause scale for the other party expenses in an appeal hearing?

I have 3 items on the invoice:-

1. Fee for all work in connection with Appeal to include preparation for hearing.

2. Attendance in court for Appeal Hearing(I believe this is £34.50 / 30 minutes)

3. Fee for Account of Expenses (What is this for?)

Many thanks

Expert:  JGM replied 1 year ago.
I have a copy of the summary cause scale expenses in my office. I will check this and reply to you tomorrow. It is not easily available online.
Are these the only three entries you need clarification of. The fee for account of expenses is to cover the actual making up of the account of expenses and lodging for the Diet of Assessment.
Customer: replied 1 year ago.

Thank you, ***** ***** be appreciated.

I am assuming that item 1 is a block fee and is not negotiable.

Item 2 is disputed, regarding the time length of the hearing.

Given that there are only two items on the invoice is the fee for account reasonable and is this fee related to actually attending the Diet of Assessment?

My thinking is that if I agree to pay items 1 and 2, is item 3 reducible and should I offer something for the account to avoid the hearing?

If this is accepted, then do I contact the Clerk at the court for confirmation?

Many thanks

Expert:  JGM replied 1 year ago.
Items 1 and 3 are block fees and unlikely to be negotiable unless the need to attend the Doet of Assessment is removed by agreement on the account in which case an argument could be made for a modification of no. 3.
Item 2 will depend on how long the hearing took and any waiting time involved.
I will give you the correct rates tomorrow. Send me a reminder if you haven't heard from me in the morning.
Expert:  JGM replied 1 year ago.
The current fee for appeal preparation is £319.50. Conduct of the appeal is £35.50 per quarter hour and the fee for framing th Account of Expenses etc is £142.
If your case was a personal injury claim, the fees are higher.
You can see the legislation, which they have now written out in full in the Act of Sederunt (as opposed to just updating the current rates), at www.legislation.gov.uk/ssi/2014/14/made
I hope this helps.
Customer: replied 1 year ago.

Thank you, ***** ***** been most helpful.

Expert:  JGM replied 1 year ago.
You're welcome.

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