This chapter provides some practical information on how to deal with a judicial account. It sets out the salient facts of a case, followed by an example of a judicial account and the potential abatements that might arise. The account relates to an action raised post-29 April 2019 and therefore the rates charged are those set out in the Act of Sederunt (Taxation of Judicial Expenses Rules) 2019, which sets out the rates that are based on a particular number of units for each area of work undertaken. A unit currently has a value of £16.40 and is subject to periodic change. For accounts that relate to actions raised pre-29th April 2019 the charges are those set out in the schedules to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 as amended.

Case Background

On 12 September 2018, the pursuer was working in the course of his employment with the defenders and suffered an accident whereby he slipped and fell to the floor, landing on his right hip. The pursuer was subsequently conveyed to the local accident and emergency department where he was examined, X-rayed and treated. The pursuer continued to suffer significant pain in his injured hip and continued to consult his general practitioner (GP) for treatment.

A claim was intimated by the pursuer’s agent upon the defenders in terms of the compulsory pre-accident protocol for personal injury claims and pre-litigation negotiations continued in terms of the protocol.

During the pre-litigation stages, a report was obtained from the consultant in Accident & Emergency who treated the pursuer upon his attendance at the department. Thereafter, due to the pursuer’s ongoing symptoms, medical records were recovered from the GP and hospital with a view to instructing a report from an independent consultant orthopaedic aurgeon. That report opined that the pursuer would continue to suffer from the effects of the injuries sustained for some time and would possibly require to undergo operative procedures at some time in the future.

During the course of the compulsory pre-action protocol negotiations with the insurers, liability was denied. Precognitions were thereafter obtained from liability witnesses, along with a precognition from the pursuer’s spouse in regard to the services provided to the pursuer as a result of the injuries sustained in the accident.