Centenary 6 LTD against TLT LLP (Court of Session) [2024] CSIH 29 (19 September 2024)

Centenary 6 LTD against TLT LLP (Court of Session) [2024] CSIH 29 (19 September 2024)

The court adopted the rule of thumb of 10% to 15% per head for calculating percentage uplifts in judicial expenses, generally capping the uplift at 100% in commercial litigation, but allowing departures in exceptional cases.

Citation
[2024] CSIH 29
Parties
Pursuers and Respondents: Centenary 6 Limited; Defenders and Reclaimers: TLT LLP
Jurisdiction
Scotland
Judgment Date
19 September 2024
Procedural Posture
Commercial Litigation / Post Appeal Expenses Determination
Outcome
Pursuers awarded expenses with specified uplifts; court clarified calculation method.
Legal Topics
Taxation of Judicial Expenses, Percentage Uplift, Rule of Thumb for Expenses
Civil Procedure Costs Taxation of Judicial Expenses Percentage Uplift Rule of Thumb for Expenses

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Parties

Centenary 6 Limited

Pursuers and Respondents

TLT LLP

Defenders and Reclaimers

Procedural Posture

Commercial Litigation / Post Appeal Expenses Determination

Legal Issues

  1. 1 Appropriate percentage uplift for judicial expenses under Taxation of Judicial Expenses Rules 2019
  2. 2 Application of rule of thumb for uplift calculation
  3. 3 Maximum permissible uplift in commercial litigation

Ratio Decidendi

The court adopted the rule of thumb of 10% to 15% per head for calculating percentage uplifts in judicial expenses, generally capping the uplift at 100% in commercial litigation, but allowing departures in exceptional cases.

Court Disposition

Pursuers awarded expenses with specified uplifts; court clarified calculation method.

Orders

  • Pursuers awarded expenses in the Outer House with a 75% uplift under heads (a)-(c), (e), and (f) of paragraph 5.2 of the Taxation of Judicial Expenses Rules 2019.
  • Pursuers awarded expenses of the reclaiming motion, modified to 90%, with a 30% uplift under heads (a) and (c).