Scottish Court Expenses Unit Rises to £22.10 From October 2026

If you do not spend your mornings reading Scottish statutory instruments, this one may still matter to you. The official legislation text on legislation.gov.uk shows that a new Act of Sederunt, made on 18 August 2026 and laid before the Scottish Parliament on 20 August 2026, will come into force on 10 October 2026. It updates the rules used in the Court of Session, the Sheriff Appeal Court and the Sheriff Court when judicial expenses are taxed or assessed. Put simply, these are the rules used to work out what legal costs count and how much of those costs may be recoverable at the end of a case.

The biggest change is the value of the 'unit'. The explanatory note to the instrument says rule 3.2 of the 2019 rules is being amended so the unit rises from £18.00 to £22.10. **What this means in practice:** think of the unit as one of the measuring points used to price certain legal work under the expenses rules. When the unit goes up, the value attached to some chargeable work can rise too. The new figure is not backdated: it applies only to work carried out on or after 10 October 2026.

The instrument also rewrites part of rule 3.7 on simple procedure. Its heading is changed to 'reduction of charges', and the wording is adjusted so the rule clearly applies where expenses in a simple procedure case are taxed or assessed by reference to the schedule 5 table of charges. That may sound like housekeeping, but clearer drafting does real work. If a rule says exactly what it covers, it becomes easier for parties, advisers and the court to see when it should be used and when it should not.

There is another change tucked into rule 4.2 on outlays. The new wording makes clear that allowable outlays include court fees. **Why this matters:** outlays are the extra costs paid in the course of a case, separate from a lawyer’s own fee for professional work. By spelling out that court fees sit within allowable outlays, the rule removes room for argument over whether those payments can be included when expenses are worked out.

This is also a good reminder that court rules are written and updated through a formal process. The legislation says the Court of Session approved draft rules submitted by the Scottish Civil Justice Council, and the instrument was signed by Lord President Paul Cullen in Edinburgh on 18 August 2026. You do not need the full chain of legal powers to grasp the wider point. Technical court rules shape everyday questions about fairness, cost and access. When those rules change, even by a few words or a revised figure, the effect can show up in the final account.

So if you are trying to read this like a normal human being, here is the short version. From 10 October 2026, the unit used in these judicial expenses rules will be higher at £22.10, the simple procedure rule is being clarified, and court fees are expressly treated as allowable outlays. The date matters just as much as the wording. Work done before 10 October 2026 does not move onto the new unit rate, while work done on or after that date can. For anyone following a civil case in Scotland, that is the part worth remembering: small edits in court rules can change how the bill is read.