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GLOSSARY
A person trading on their own with unlimited liability, not registered at companies house and not in partnership with another.
GLOSSARY
The name given to criminal procedure used for serious crimes.
PRACTICE NOTES
This Practice Note explains the solemn procedure in Scottish criminal proceedings. For an explanation of the criminal investigation and prosecution process in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For information on the procedure to be followed during trials under the solemn procedure, see Practice Note: Trials under the Scottish solemn procedure and Scottish solemn criminal procedure—flowchart. For guidance on appeal procedures in Scotland for solemn crime, see Practice Note: Scottish criminal appeals—solemn procedure. For an explanation of the summary procedure in Scotland, see Practice Notes: Summary procedure in Scottish criminal proceedings and Scottish solemn criminal procedure—flowchart. Solemn procedure is regulated by the Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995). Modernisation of criminal court procedure Several permanent reforms were introduced by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025. These reforms replaced previous temporary measures introduced during the COVID-19 pandemic. Practitioners should ensure all procedural references in this Practice Note are read in light of these statutory changes. Electronic
GLOSSARY
To 'solicit' is to ask for, call for, request, petition, or (especially in the sexual context) to importune, tempt or allure.
GLOSSARY
A lawyer who is regulated by the Solicitors Regulation Authority.
GLOSSARY
A Scottish Law Officer, ex officio member of the Scottish Government and deputy to the Lord Advocate.
NEWS
Law360: A solicitor and her son argued in a London tribunal 17 June 2024 that the UK Security Service had unfairly labeled her as a spy for China, saying the security service had unlawfully and unfairly acted against her, breaching her human rights.
GLOSSARY
A solicitor granted the right to appear in the superior courts.
GLOSSARY
SCCO Guide defines this as costs payable by a client to a solicitor under the terms of a contract made between them. The expression is used in order to distinguish these costs from “costs between the parties” and ‘legal aid only costs’ (costs payable by the Legal Aid Agency to a solicitor or barrister).
PRACTICE NOTES
This Practice Note provides a basic overview of the key points for consideration in respect of solicitor and own client costs assessments. It provides information on statute bills, what they and what the requirements are for a compliant statute bill. It also provides information on delivery of a statute bill, rights to an assessment and the basis of an assessment. Information is also given in respect of the procedure for assessment, rights of solicitors to recover fees, VAT on costs. Practical points to consider are also noted. This Practice Note should be read as a starting point and in conjunction with the following Practice Notes, which provide further, more comprehensive information: • Solicitor and client costs—statute bills • Solicitor and client costs—applications for delivery • Solicitor and client costs—rights to an assessment • Solicitor and client costs—basis of assessment • Solicitor and client costs—procedure for assessment • Solicitor and client costs—rights of solicitors (liens, charges and recovery of costs) • VAT on costs Statute bills—what are they and what are the requirements? A
PRACTICE NOTES
This Practice Note provides guidance on when and why delivery of a bill is sought, how to apply for delivery and the orders the court can make. It also provides examples of where the court has (and has not) exercised a discretion under section 68 of the Solicitors Act 1974 (SA 1974), the effect of delivery of a statute bill and delivery up of the client’s papers. Note, the Solicitors Act 1974 (SA 1974) is referred to as SA 1974 in this Practice Note. Delivery of a bill When and why this is sought Delivery of a bill is generally sought by a client/party chargeable in one of two circumstances: • the solicitor seeks to retain monies on account without delivering an adequate bill • the client considers that the solicitor's demand for an interim payment on account is excessive The court’s jurisdiction The High Court has an inherent jurisdiction to order the delivery by a solicitor of a bill of costs—the jurisdiction as extended by SA
PRACTICE NOTES
This Practice Note considers the basis of assessment of solicitors’ costs. It considers the solicitors’ costs estimate and what is reasonable having regard to this estimate taking into account challenges where a solicitors’ bill exceeds the costs estimates provided. It also covers assessment of solicitors’ costs relating to proceedings in the County Court and the court’s jurisdiction to determine contractual disputes in assessment proceedings. The provisions relating to the assessment of solicitors’ costs are in CPR 46 and CPR PD 46, para 6.1 onwards. Note, the Solicitors Act 1974 is referred to as SA 1974 in this Practice Note. For further information on: • a client’s right to request and assessment, see Practice Note: Solicitor and client costs—rights to an assessment • the High Court’s jurisdiction to order the delivery by a solicitor of a bill of costs (SA 1974, s 68), see Practice Note: Solicitor and client costs—applications for delivery • the form and contents of a statute bill, see Practice Note: Solicitor and client costs—statute bills • the procedure to be followed