The Civil Legal Aid (Scotland) (Fees) Regulations 1987

• Citation: S.I. 1987/366
• Sections: 27

Section 1 Citation and commencement

These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Regulations 1987 and shall come into force on 1st April 1987.

Section 2 Interpretation

(1) In these Regulations, unless the context requires–

“auditor” means–

in relation to proceedings in the Court of Session, House of Lords, Restrictive Practices Court or Employment Appeal Tribunal, the Auditor of the Court of Session;

in relation to proceedings in a sheriff court, the auditor of that sheriff court;

in relation to proceedings in the Scottish Land Court, the auditor of the Scottish Land Court; and

in relation to proceedings in the Lands Tribunal for Scotland–

where solicitors' fees are required to be calculated in accordance with Chapter III of the Table of Fees in Schedule 2, the auditor of a sheriff court to be specified, failing agreement, by that tribunal;

where solicitors' fees are required to be calculated in accordance with Chapter I of the Table of Fees in Schedule I, the Auditor of the Court of Session;

“outlays” does not include fees of counsel.

(2) In these Regulations, unless the context otherwise requires, any reference to proceedings in a court or tribunal includes any preparatory work done in connection with such proceedings, whether or not the proceedings were actually begun.

(3) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to one of these Regulations and any reference to a numbered Schedule is a reference to a Schedule to these Regulations.

Section 3 Fees and outlays regulated by these Regulations

(1) These Regulations shall regulate the fees and outlays allowable to solicitors, and the fees allowable to counsel, from the Fund in respect of legal aid under the Legal Aid (Scotland) Act 1986, other than criminal legal aid, upon any taxation in accordance with regulation 9.

(2) These Regulations shall not apply to the fees and outlays recoverable by virtue of an award of expenses in favour of a person who has received legal aid or of an agreement as to expenses in favour of such a person, and where accounts of such fees and outlays are taxed they shall be taxed as if the work done for that person were not legal aid.

Section 4 Fees allowable to solicitors

Subject to the provisions of regulation 5 regarding the calculation of fees, a solicitor may be allowed such fees as are reasonable for conducting the case in a proper manner, as between solicitor and client, third party paying.

Section 5 Fees allowable to solicitors

(1) A solicitor’s fees in relation to proceedings in the Court of Session shall be calculated in accordance with Schedule 1.

(2) A solicitor’s fees in relation to proceedings in the sheriff court shall be calculated in accordance with Schedule 2.

(3) A solicitor’s fees in relation to proceedings in the House of Lords, Restrictive Practices Court or Employment Appeal Tribunal shall be calculated in accordance with Chapter I of the Table of Fees in Schedule 1.

(4) A solicitor’s fees in relation to proceedings in the Scottish Land Court shall be calculated in accordance with Chapter III of the Table of Fees in Schedule 2.

(5)

(a) Subject to sub-paragraphs (b) and (c) hereof, a solicitor’s fees in relation to proceedings in the Lands Tribunal for Scotland shall be calculated in accordance with Chapter III of the Table of Fees in Schedule 2;

(b) Subject to sub-paragraph (c) hereof, the Board may, where circumstances warrant it, decide that such fees shall be calculated in accordance with Chapter I of the Table of Fees in Schedule 1 and they shall be calculated accordingly;

(c) In relation to any proceedings where the Lands Tribunal for Scotland have, in terms of rule 33 of the Lands Tribunal for Scotland Rules 1971( ), made an order as to taxation of expenses between party and party–

(i) where that order required taxation according to the fees payable in the Court of Session, a solicitor’s fees shall be calculated for purposes of these Regulations in accordance with Chapter I of the Table of Fees in Schedule 1; and

(ii) where that order required taxation according to the sheriff court table of fees, a solicitor’s fees shall be calculated for purposes of these Regulations in accordance with Chapter III of the Table of Fees in Schedule 2.

(6) Where work done by a solicitor constitutes a supply of services in respect of which value-added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this regulation an amount equal to the amount of value-added tax chargeable.

Section 6 Fees allowable to counsel

Subject to the provisions of regulation 7 regarding calculation of fees, counsel may be allowed such fees as are reasonable for conducting the case in a proper manner, as between solicitor and client, third party paying.

Section 7 Fees allowable to counsel

(1) Counsel’s fees in relation to proceedings in the Court of Session shall be calculated in accordance with Schedule 3.

(2) Counsel’s fees for any work in relation to proceedings in the sheriff court, House of Lords, Restrictive Practices Court, Employment Appeal Tribunal, Scottish Land Court or Lands Tribunal for Scotland shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.

(3) Where work done by counsel constitutes a supply of services in respect of which value-added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this regulation an amount equal to the amount of value-added tax chargeable.

Section 8 Outlays allowable to solicitors

(1) Subject to paragraph (2) of this Regulation, a solicitor may be allowed such outlays as are reasonable for conducting the case in a proper manner, as between solicitor and client, third party paying.

(2) The outlays shall include a charge in respect of posts and incidents of 12 per cent of the amount of fees allowable to the solicitor (excluding any amount added in accordance with regulation 5(6)), except where a solicitor charges the fee specified in paragraph 1 of Part I of Chapter IV of the Table of Fees in Schedule 2.

Section 9 Taxation of fees and outlays

(1) If any question or dispute arises between the Board and a solicitor or counsel as to the amount of fees or outlays allowable to the solicitor, or as to the amount of fees allowable to counsel, from the Fund under these Regulations, the matter shall be referred for taxation by the auditor.

(2) A reference to the auditor under paragraph (1) above may be at the instance of the solicitor concerned or, where the question or dispute affects the fees allowable to counsel, of the counsel concerned, or of the Board, and the auditor shall give reasonable notice of the diet of taxation to the solicitor or counsel as appropriate and the Board.

(3) The Board and any other party to a reference to the auditor under paragraph (1) above shall have the right to state written objections to the court in relation to the auditor’s report within 14 days of the issue of that report, and may be heard thereon; and where the court is the Court of Session rule 349 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965( ) shall apply to the determination of any such objections.

(4) For the purposes of this regulation the expression “the court” means–

(a) in relation to any report of the Auditor of the Court of Session, the Court of Session;

(b) in relation to any report of the auditor of a sheriff court, the sheriff; and

(c) in relation to any report of the Auditor of the Scottish Land Court, the Chairman of the Scottish Land Court.

Section 10 Revocation

Without prejudice to their continuation in effect for the purposes of legal aid under the Legal Aid (Scotland) Act 1967( ) by virtue of paragraph 3 of Schedule 4 to the Legal Aid (Scotland) Act 1986, the following Regulations are hereby revoked:–

The Legal Aid (Scotland) (Fees in Civil Proceedings) Regulations 1984( );

The Legal Aid (Scotland) (Fees in Civil Proceedings) Amendment Regulations 1985( );

The Legal Aid (Scotland) (Fees in Civil Proceedings) Amendment Regulations 1986( )

Section 1

Subject to the following paragraphs of this Schedule, fees shall be calculated in accordance with the Table of Fees in this Schedule.

Section 2

In all cases an additional fee may be allowed at the discretion of the court to cover the responsibility undertaken by a solicitor in the conduct of the case. The court in deciding whether to allow such a fee and the auditor in determining such a fee shall take into account the following factors–

(a) the complexity of the litigation and the number, difficulty or novelty of the questions involved;

(b) the skill, specialised knowledge and responsibility required of and the time and labour expended by the solicitor;

(c) the number and importance of the documents prepared or perused;

(d) the place and circumstances of the litigation or in which the solicitor’s work of preparation for and conduct of it has been carried out;

(e) the importance of the litigation or the subject matter thereof to the client;

(f) the amount or value of money or property involved; and

(g) any other fees and allowances payable to the solicitor in respect of other items in the same litigation and otherwise charged for in the account.

Section 3

In all cases where by reason of the procedure involved or otherwise the inclusive fees set out in Chapter II of the Table of Fees in this Schedule are not conveniently applicable or do not properly cover the work involved, a solicitor may charge fees on the basis of Chapter I of the Table of Fees. In all other cases a solicitor shall have the option to charge fees either on the basis of Chapter I of the Table of Fees or on the basis of Chapter II thereof, but it shall not be competent to charge fees partly on one basis and partly on the other.

Section 4

The auditor shall have power to increase or decrease any inclusive fee set out in Chapter II of the Table of Fees in this Schedule in any appropriate circumstances.

Section 5

Without prejudice to the generality of paragraph 4 of this Schedule, the auditor shall have the power to apportion any fees set out in Chapter II of the Table of Fees in this Schedule between solicitors in appropriate circumstances or to modify any such fees in the case of a solicitor acting for more than one party in the same litigation or in case of the same solicitor acting in more than one litigation arising out of the same circumstances or in the event of the litigation being settled or disposed of at a stage when the work covered by any inclusive fee has not been completed.

Section 6

In this Schedule, unless the context otherwise requires–

“the court” means the Court of Session; and

“session fee” means the fee set out in paragraph 21 of Part V of Chapter II of the Table of Fees in this Schedule.

CHAPTER 1

DETAILED FEES

(a) Framing precognitions and other papers (not affidavits), not drawn by counsel– per sheet

(b) Framing formal documents such as inventories, title pages and accounts of expenses etc. – per sheet

(c) Framing affidavits– per sheet

(i) The sheet throughout this Table of Fees shall consist of 250 words or numbers.

(ii) The solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself.

(iii) Where a skilled witness prepares his own precognition or report the solicitor shall be allowed half drawing fees for revising and adjusting it.

(iv) Where the business can properly be performed by a local solicitor the auditor in taxing an account shall allow such expenses as would have been incurred if it had been done by the nearest local solicitor, including reasonable fees for instructing and corresponding with him, unless the auditor is satisfied that it was in the interests of the client that the solicitor in charge of the case should attend personally.

(a) Attendance at meetings, preparation for proof, trial or debate, attendance at court, consultation with counsel, etc.–

(b) Perusal of documents–

(c) Allowance for time of clerk– one half of the fee in sub-paragraph (a) or (b) above.

(d) Attendance at court offices for performance of formal work (other than lodging process or first step of process).

(i) Time necessarily occupied in travelling to be regarded as if occupied on business.

(ii) In the event of a party in a trial or proof being represented by one counsel only, allowance may be made to the solicitor should the case warrant it for the attendance of a clerk at one-half the rate chargeable for the solicitor’s attendance.

(a) Where summons amended, where re-service is not ordered, and motion is not starred

(b) Where summons amended, where re-service is not ordered and motion is starred

(c) Where summons amended and re-service is ordered

(a) Basic fee to cover all work up to and including lodging completed interrogatories

(b) Additional fee for completed interrogatories, including all copies– per sheet

(a) Basic fee to solicitor applying for commission but excluding attendance at execution thereof

(b) Attendance at execution of commission– per half hour

(a) the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976( ) are relied upon; and

(b) the pursuer seeks to prove those facts by means of affidavits–

TABLE A

Column 1 Work done

Column 2 Inclusive fee Edinburgh solicitor acting alone

Column 3 Inclusive fee any other case

(1) All work to and including calling of the summons

(2) All work from calling to and including swearing affidavits

(3) All work from swearing affidavits to and including sending extract decree

(4) All work to and including sending extract decree

(2) In any undefended action of divorce or separation where–

(a) the facts set out in section 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five years' non-cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and

(b) the pursuer seeks to prove these facts by means of affidavits–

TABLE B

Column 1 Work done

Column 2 Inclusive fee Edinburgh solicitor acting alone

Column 3 Inclusive fee any other case

(1) All work to and including calling of the summons

(2) All work from calling to and including swearing affidavits

(3) All work from swearing affidavits to and including sending extract decree

(4) All work to and including sending extract decree

(3) If–

(a) the pursuer’s solicitor charges an inclusive fee under either paragraph 1 or paragraph 2 of this Part, and

(b) the action to which the charge relates includes a conclusion relating to an ancillary matter–

TABLE C

Column 1 Work done

Column 2 Inclusive fee

(1) All work to and including calling of the summons

(2) All work from calling to and including swearing affidavits

(3) All work under items 1 and 2

PART IV– OUTER HOUSE PETITIONS

A. Unopposed petitions

(1) Fee for all work, including precognitions and all copyings, up to and obtaining extract decree–

(a) in the case of an Edinburgh solicitor acting alone

(b) in any other case

Outlays including duplicating charges to be allowed in addition.

B. Opposed petitions

(2) Fee for all work (other than precognitions)up to and including lodging petition, obtaining and executing warrant for service

Outlays including duplicating charges to be allowed in addition.

(3) Where applicable, the fees set out in paragraphs 5, 6, 7, 10, 12, 14, 18, 19, 20 and 21 of Part V of this Chapter may be charged.

(4) Reports–

(a) For each report by Accountant of Court

(b) For any other report as under Part V, paragraph 6 of this Chapter.

(5) Obtaining Bond of Caution

(1) Instruction fee

(a) To cover all work (apart from precognitions) until lodgement of open record

(b) Instructing re-service where necessary

(c) If counter-claim lodged, additional fee for solicitor for each party

(2) Record fee

(a) To cover all work in connection with adjustment and closing of record including subsequent work in connection with By Order Adjustment Roll

(b) To cover all work as above, so far as applicable, where action settled or disposed of before record closed

(c) If consultation held before record closed, additional fees may be allowed as follows:—

(i) Arranging consultation

(ii) Attendance at consultation– per half hour

(d) Additional fee (to include necessary amendments) to the solicitors for the existing pursuer and each existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of

(e) Additional fee to the solicitors for existing pursuer and each existing defender, to be allowed for each pursuer, defender, or third party brought in after the record is closed, each of

(3) Procedure Roll or Debate Roll

(a) Preparing for discussion and all work incidental thereto including instruction of counsel

(b) Attendance at court– per half-hour

(c) Advising and work incidental thereto

(4) Adjustment of issues and counter-issues

(a) Fee to solicitor for pursuer to include all work in connection with and incidental to the lodging of an issue, and adjustment and approval thereof

(b) If one counter-issue, additional fee to solicitor for pursuer

(c) If more than one counter-issue, additional fee to solicitor for pursuer for each additional counter-issue

(d) Fee to solicitor for defender or third party for all work in connection with lodging of counter-issue and adjustment and approval thereof

(e) Fee to solicitor for defender or third party for considering issue where no counter-issue lodged

(f) Fee to solicitor for defender or third party for considering each additional counter-issue

(5) Precognitions

(i) In addition each solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself.

(ii) Where a skilled witness prepares his own precognition or report the solicitor shall be allowed, for revising and adjusting it, half of the taking and drawing fee per sheet.

(6) Reports obtained under order of court excluding auditor’s report

(a) Fee for all work incidental thereto

(b) Additional fee per sheet of report to include all copies required (maximum £27.60)

(7) Specification of documents

(a) Basic fee to cover instructing counsel, revising and lodging and all incidental procedures to obtain a diligence up to and including obtaining interlocutor

(b) Fee to opponent’s solicitor

(c) If commission executed, additional fee– per half hour

(d) If alternative procedure adopted, fee per person upon whom order served

(8) Commission to take evidence on interrogatories

(a) Basic fee to solicitor applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories

(b) Basic fee to opposing solicitor if cross-interrogatories lodged

(c) Fee to opposing solicitor if no cross-interrogatories lodged

(d) Additional fee to solicitor for each party for completed interrogatories or cross-interrogatories, including all copies– per sheet

(9) Commission to take evidence on open commission

(a) Basic fee to solicitor applying for commission up to and including lodging report of commission, but excluding attendance at execution thereof

(b) Basic fee to opposing solicitor

(c) Attendance at execution of commission– per half hour

(10) Miscellaneous motions where not otherwise covered by this Chapter

(a) Where attendance of counsel and/or solicitor not required

(b) Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel– not exceeding half hour

(c) Thereafter attendance fee– per additional half hour

(11) Incidental procedure (not chargeable prior to approval of issue or allowance of proof)

(12) Amendment of record

(a) Amendment of conclusions only– fee to solicitor for pursuer

(b) Amendment of conclusions only– fee to solicitor for opponent

(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged– fee to solicitor for proposer

(d) In same circumstances– fee to solicitor for opponent

(e) Amendment of pleadings after record closed where answers are lodged– fee for solicitor for each party lodging answers

(f) Fee for adjustment of minute and answers, where applicable, to be allowed in addition to solicitor for each party

(13) Preparation for trial or proof to include fixing consultation on the sufficiency of evidence and attendance thereat, fee-funding precept, adjusting minute of admissions, citing witnesses, all work checking and writing up process, and preparing for trial or proof

(a) If action settled before trial or proof, or the trial or proof lasts only one day, to include, where applicable, instruction of counsel

(b) For each day or part of a day after the first, including instruction of counsel

(c) To cover preparing for adjourned diet and all work incidental as in (a), if diet postponed more than 5 days

(14) Copying

(15) Settlement by tender– fees for solicitor for either party

(a) Basic fee for lodging, or for considering, first tender

(b) Fee for lodging, or for considering, each further tender

(c) Additional fee if tender accepted

(16) Extra-judicial settlement

(17) Proof or trial

(18) Accounts– to include framing and lodging account, intimating diet, and attending taxation, uplifting account and noting and intimating taxations

(19) Ordering and obtaining extract

(20) Final procedure

(a) If case goes to trial or proof, to include all work to close of litigation, so far as not otherwise provided for, including in particular settling with witnesses and procuring and booking verdict, or attendance at judgement

(b) If case disposed of before trial or proof

(21) Session fee– to cover communications with client and counsel

(a) Where no correspondent– 7½% of total fees (including copying fees) allowed on taxation

(b) Where correspondent involved– 10% of total fees (including copying fees) allowed on taxation.

(1) Reclaiming motions

(a) Fee for solicitor for appellant for all work up to interlocutor sending case to roll

(b) Fee for solicitor for respondent

(c) Additional fee for solicitor for each party for every 50 pages of appendix

(2) Appeals from inferior courts

(a) Fee for solicitor for appellant

(b) Fee for solicitor for respondent

(c) Additional fee for solicitor for each party for every 50 pages of appendix

(3) Summar or Short Roll

(a) Preparing for discussion, instructing counsel, and preparing appendix

(b) Attendance fee– per half-hour

(4) Where applicable the fees set out in Part V of this Chapter may be charged.

(5) Special cases and Inner House petitions

(6) Obtaining Bond of Caution

Section 1

Subject to the following provisions of this Schedule, fees shall be calculated in accordance with the Table of Fees in this Schedule.

Section 2

Where in any proceedings the sheriff in pursuance of paragraph 5(b) of the Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1986( ) has, regarding any expenses, allowed a percentage increase in fees, the fees chargeable by a solicitor in respect of those proceedings under the Table of Fees in this Schedule shall be increased by the same percentage.

Section 3

(1) Subject to sub-paragraphs (2) and (3) of this paragraph and any other provision of this Schedule it shall be in the option of a solicitor to charge an account either on the basis of the inclusive fees of Chapters I and II of the Table of Fees in this Schedule or on the basis of the detailed fees in Chapter III thereof, but it shall not be competent to charge fees partly on one basis and partly on the other.

(2) Fees for work to which Chapter IV or V of the Table of Fees in this Schedule applies shall be chargeable only on the basis prescribed in those Chapters.

(3) Fees for sequestrations in bankruptcy (other than summary sequestrations) or proceedings under the Social Work (Scotland) Act 1968( ) shall be chargeable only on the basis of the detailed fees in Chapter III of the Table of Fees in this Schedule and fees for summary sequestrations shall be chargeable only on the basis of 80 per cent of those detailed fees.

Section 4

The auditor shall have the power to apportion any fees set out in Chapter I, II, IV or V of the Table of Fees in this Schedule between solicitors in appropriate circumstances or to modify any such fees in the case of a solicitor acting for more than one party in the same litigation or in the case of the same solicitor acting in more than one litigation arising out of the same circumstances or in the event of the litigation being settled or disposed of at a stage when the work covered by any inclusive fee has not been completed.

Section 5

Chapter IV of the Table of Fees in this Schedule shall have effect subject to the following provisions:—

(a) in Parts I and II, in respect of paragraph 3 (attendance at court), no fee is allowable for attendance at a continuation of the first calling, unless specially authorised by the court;

(b) in Part I, in respect of paragraph 1 (instruction fee), in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the writ;

(c) in Part II, in respect of paragraph 7 (precognitions), in a case where a skilled witness prepares his own precognition or report half of the drawing fee is allowable to the solicitor for revising and adjusting it;

(d) in Part II, the fee allowable in respect of paragraph 14 (supplementary note of defence) is a fixed fee allowable when leave to lodge a supplementary note of defence is granted by the court;

(e) in Part II, in respect of paragraph 16 (final procedure), no fee shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision; and

(f) all fees chargeable under Chapter IV in respect of the actions mentioned in the left-hand column of the following table shall unless the sheriff, on a motion in that behalf, otherwise directs be reduced by the amount of the percentage specified opposite those actions in the right-hand column of the table –

TABLE

(1) Of a value from £50 to £250

(2) Of a value of less than £50

(3) For recovery of possession of heritable property

(4) Under the following enactments–

(i) Tenancy of Shops (Scotland) Act 1949( ); and

(ii) section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963( )

Provided that for the purposes of this sub-paragraph “value”, in relation to any action in which a counterclaim has been lodged, is the total of the sums craved in the writ and in the counterclaim.

Section 6

In this Schedule “process fee” means the fee set out in paragraph 17 of Chapter II of the Table of Fees in this Schedule.

TABLE OF FEES

CHAPTER I–UNDEFENDED ACTIONS (OTHER THAN ACTIONS TO WHICH CHAPTER IV OR V APPLIES)

Part I–All actions except those actions of divorce or separation and aliment to which Part II applies

(1) Actions (other than those specified in paragraph 2 of this Part) in which decree is granted without proof–

(2) Actions of separation and aliment (not being actions to which Part II of this Chapter applies), adherence and aliment or custody and aliment where proof takes place–

Part II–Actions of divorce or separation and aliment where proof is by means of affidavits

(1) In any undefended action of divorce or of separation and aliment where–

(a) the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976( ) are relied upon; and

(b) the pursuer seeks to prove those facts by means of affidavits–

TABLE A

Column 1

Column 2

Work done

Inclusive fee

(1) All work to and including the period of notice

(2) All work from the period of notice to and including swearing affidavits

(3) All work from swearing affidavits to and including sending extract decree

(4) All work to and including sending extract decree

(2) In any undefended action of divorce or separation and aliment where–

(a) the facts set out in section 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five years' non-cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and

(b) the pursuer seeks to prove those facts by means of affidavits–

TABLE B

Column 1

Column 2

Work done

Inclusive fee

(1) All work to and including the period of notice

(2) All work from the period of notice to and including swearing affidavits

(3) All work from swearing affidavits to and including sending extract decree

(4) All work to and including sending extract decree

(3) If–

(a) the pursuer’s solicitor charges an inclusive fee under either paragraph 1 or paragraph 2 of this Part; and

(b) the action to which the charge relates includes a crave relating to an ancillary matter–

TABLE C

Column 1

Column 2

Work done

Inclusive fee

(1) All work to and including the period of notice

(2) All work from the period of notice to and including swearing affidavits

(3) All work under items 1 and 2

(1) Instruction fee– to cover all work (except as hereinafter otherwise specially provided for in this Chapter) to the lodging of defences including copyings

(2) Adjustment fee– to cover all work (except as hereinafter otherwise specially provided for in this Chapter) in connection with the adjustment of the record including (when appropriate) closing thereof, making up and lodging closed record and copyings–

(a) Fee to solicitor for any party

(b) Fee to each original party’s solicitor if action settled before record is closed

(c) Additional fee to each original party’s solicitor if additional defender brought in before closing of record

(d) Additional fee to each original party’s solicitor if additional defender brought in after closing of record

(3) Fee for framing affidavits– per sheet

(4)

(a) Debate fee– to include preparation for and conduct of any hearing or debate other than on evidence, enquiring for cause at avizandum and noting interlocutor–

(b) Interim interdict hearings–

(5) Precognitions– taking and drawing– per sheet

Where a skilled witness prepares his own precognition or report, the solicitor shall be allowed half of above drawing fee for revising and adjusting it.

(5A) Reports obtained under order of court, excluding auditor’s report

(a) Fee for all work incidental thereto

(b) Additional fee per sheet of report to include all copies required (maximum £27.60)

(6) Commissions to take evidence

(a) On interrogatories

(b) Open commissions

(7) Specification of documents

(8) Amendment of record

(a) Where answers lodged

(b) Where no answers lodged

(a) Where answers lodged

(b) Where no answers lodged

(9) Motions and minutes

(a) Where opposed

(b) Where unopposed (including for each party a joint minute other than under paragraph 14(b))

(a) Where motion, minute or reponing note opposed

(b) Where motion, minute or reponing note unopposed

(10) Procedure preliminary to proof

(a) Fee to cover fixing diet of proof, citation of witnesses, and generally preparing for proof and if necessary instructing shorthand writer

(b) Fee to cover preparing for adjourned diet and all incidental work as in subparagraph (a) above if diet postponed for more than 6 days– for each additional diet

(c) Drawing and lodging an inventory of productions, lodging the productions specified therein, and considering opponent’s productions (to be charged once only in each process)

(11) Conduct of proof

(12) Debate on evidence

(13) Appeals

(a) To sheriff principal

(b) To Court of Session

(14) Settlements

(a) Judicial tender

(b) Extra-judicial settlements

(15) Final procedure

(16) Copying fees

A sheet shall be 250 words. When copied by photostatic or similar process, each page shall be charged as one sheet.

(17) Process fee

(18) Fee for instruction of counsel

In each case to cover all consultations, revisal of papers and all incidental work.

(1) Attendance at court conducting proof or formal debate or hearing– per half hour

(2) Time occupied in the performance of all other work including attendances with client and others and attendances at court in all circumstances, except as otherwise specifically provided–

(a) Solicitor– per half hour

(b) Allowance for time of clerk– one half of above.

Time necessarily occupied in travelling to such to be chargeable at these rates.

(3) Drawing all necessary papers other than affidavits (the sheet throughout this Chapter to consist of 250 words or numbers)– per sheet

(4) Framing affidavits– per sheet

(5) Revising papers where revisal ordered– for each five sheets

(6) Copying all necessary papers by any means–

When copied by photostatic or similar process each page shall be charged as one sheet.

(7) Certifying or signing a document

(8) Perusing any document (other than a letter) not exceeding 2 sheets in length

(9) Lodging in process

(10) Borrowing process

(11) Extracts

(12) Correspondence, intimations, etc.

(a) Formal letters and intimations

(b) Letters other than above– per page of 125 words

(c) Telephone calls except those to which subparagraph (d) below applies

(d) Telephone calls (lengthy) to be treated as attendances or long letters.

(13) Citations

(14) Instructions to officers

(15) Personal diligence

(a) Recording execution of charge

(b) Procuring fiat

(c) Instructing apprehension

(d) Framing state of debt and attendance at settlement

(16) Sales

(a) Obtaining warrant to sell

(b) Instructing auctioneer or officer to conduct sale

(c) Perusing report of sale

(d) Reporting sales under poindings or sequestrations or any other judicial sales

(e) Noting approval of roup roll

(f) Obtaining warrant to pay

CHAPTER IV–SUMMARY CAUSE

Part I–Undefended actions

(1) Fee, to include taking instructions, framing summons and statement of claim, obtaining warrant for service, serving, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree and including posts and incidents

(2) Service

(a) Citation by post wheresoever after the first citation for each party

(b) Framing and instructing service by advertisement– for each party

(3) Attendance at court

PART II– Defended actions

(1)

(a) Instruction fee for pursuer’s solicitor, to include taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for notice of intention to defend, attendance at first calling, noting defence

(b) Instruction fee for defender’s solicitor, to include taking instructions (including instructions for a counter-claim) and all work up to and including attendance at first calling and stating a defence–

(2) Service

(a) Citation by post within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland– for each party

(b) Instructing service or reservice by sheriff officer including persuing execution of citation and settling sheriff officer’s fee– for each party

(c) Framing and instructing service by advertisement– for each party

(3) Attendance at court

(4) Preparing for proof, to include all work in connection with proof not otherwise provided for

(5) Fee to cover preparing for adjourned diet and all incidental work if diet postponed for more than 6 days– for each adjourned diet

(6) Drawing and lodging inventory of productions, lodging the productions specified therein and considering opponents' productions (to be charged once only in each process)

(7) Precognitions

(8) Motions and minutes

(a) Where opposed

(b) Where unopposed (including for each party a joint minute or joint motion)

(9) Fee to cover considering opponent’s written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court–

(a) Where motion or minute opposed

(b) Where motion or minute unopposed

(10) Conduct of proof

(11) Settlements

(a) Judicial tender–

(12) Specification of documents

(a) Fee to cover drawing, intimating and lodging specification of documents and relative motion and attendance at court

(b) Inclusive fee to opposing solicitor

(c) Fee to solicitor for each party for citation of havers, preparation for and attendance before commissioner– for each half hour

(d) If alternative procedure adopted, fee per person upon whom order served

(13) Commissions to take evidence

(a) Fee to cover drawing, lodging and intimating motion and attendance at court–

(i) Where opposed

(ii) Where unopposed

(b) Fee to cover considering such motion and attendance at court–

(i) Where opposed

(ii) Where unopposed

(c) Fee to cover instructing commissioner and citing witness

(d) Fee to cover drawing and lodging interrogatories and cross-interrogatories– per sheet

(e) Attendance before commissioner– per hour

(14) Supplementary note of defence (when leave granted to lodge)

(15) Appeals

(16) Final Procedure

(1) Petition for decree dative

(2) Restriction of Caution

(3) Fees for other work shall be chargeable according to Chapter III.

Section 1

Subject to the following provisions of this Schedule, fees shall be calculated in accordance with the Table of Fees in this Schedule.

Section 2

Where the Table of Fees in this Schedule does not prescribe a fee for any class of proceedings or any item of work, the auditor shall allow such fee as appears to him appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the said Table of Fees.

Section 3

Where the Table of Fees in this Schedule prescribes a range of fees, the auditor shall (subject to paragraphs 4 and 5 of this Schedule) allow such fee within that range as appears to him to provide reasonable remuneration for the work.

Section 4

The auditor shall have power to increase any fee set out in the Table of Fees in this Schedule where he is satisfied that because of the particular complexity or difficulty of the work or any other particular circumstances such an increase is necessary to provide reasonable remuneration for the work.

Section 5

The auditor shall have power to reduce any fee set out in the Table of Fees in this Schedule where he is satisfied that because of any particular circumstances a reduced fee is sufficient to provide reasonable remuneration for the work.

TABLE OF FEES

CHAPTER I–JUNIOR COUNSEL

PART I–UNDEFENDED ACTIONS OF DIVORCE OR SEPARATION-AFFIDAVIT PROCEDURE

(1) Summons or other initiating writ

(a) Subject to sub-paragraph (b) below the fees shall be–

(i) Where the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976( ) are relied on

(ii) Where the facts set out in section 1(2)(a) (adultery) or section 1(2)(c) (desertion) of the said Act are relied on and the action is not straightforward

(iii) Where the facts set out in the said section 1(2)(a) (adultery) or section 1(2)(c) (desertion) are relied on and the action is straightforward

(iv) When the facts set out in section 1(2)(d) (2 years' non-cohabitation and consent) or 1(2)(e) (5 years' non-cohabitation) of the said Act are relied on

(b) Where common law interdict and/or any order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981( ) or any other ancillary order is also sought, the fee shall be within the following range:—

(2) Minute

(a) Minute involving arrangements for a child or children and/or financial provision

(b) Any other minute

(3) By Order Roll appearance

(4) All other work

(1) Summons or other initiating writ

(2) Minute for pursuer relating to custody, aliment or access

(3) Defences or answers

(a) Defences or answers in purely skeleton form to preserve rights of parties

(b) Answers to minute

(c) The fee for defences or answers to which sub-paragraphs (a) or (b) do not apply shall be within the following range:—

(4) Joint minute regulating custody, aliment or access

(5) By order roll appearance

(6) All other work

(1) Petition (including any revisals thereto)

(a) Petition for interdict

(b) Other Outer House petitions

(c) Inner House petition: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work.

(2) Answers (including any revisals thereto)

(a) Petition for interdict

(b) Other Outer House petitions

(c) Inner House petitions: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work.

(3) All other work

(1) Summons (including any revisals thereto)

(a) Straightforward cases

(b) Other cases

(2) Defences (including any revisals thereto)

(a) Where in purely skeleton form to preserve rights of parties

(b) Otherwise the fee shall be within the following range, having regard to nature of summons:—

(3) Adjustment of record

(a) Adjustment fee (each occasion)

(b) Additional adjustment fee, where skeleton defences require to be amplified, where additional parties are introduced, etc.

(4) Specification of documents

(5) Minutes, etc.

(a) Formal amendments or answers

(b) Amendments or answers other than formal

(c) Revising and signing tender or acceptance

(d) Note of exceptions

(e) Abandonment, sist, restriction, etc.

(f) Issue or counter issue

(6) Notes

(a) Note on quantum only

(b) Note advising on tender or extra-judicial offer, where not merely confirming advice at consultation

(c) Note on line of evidence

(d) The fee for other types of note shall be within the following range:—

(7) Consultations

(a) Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion–

(i) Junior alone

(ii) Junior with Senior

(b) Other consultations–

(i) Junior alone

(ii) Junior with Senior

(8) Motions

(a) Unopposed motions on By Order (Adjustment) Roll, etc.

(b) Opposed motions:—

(c) Motions on By Order Roll (including advice)

(9) Procedure Roll, proof or jury trial

(a) Junior alone– per day

(b) Junior with Senior– per day

(10) Inner House

(a) Single Bills

(i) Unopposed

(ii) Opposed–

(b) Reclaiming motion

(i) Junior opening or appearing alone– per day

(ii) Junior otherwise– per day

(c) Motion for new trial

(i) Junior alone– per day

(ii) Junior with Senior– per day

(11) Attendance at judgement

(a) Outer House

(b) Inner House

(1) Revisal of pleadings

(a) Revisal of summons, defences, petition or answers

(b) Adjustment fee (open record) (each occasion)

(2) Minutes, etc.– revisal fees

(a) Amendments (other than formal) or answers

(b) Admissions, tender or acceptance (in appropriate cases)

(c) Note of exceptions

(3) Notes

(a) Note on quantum only

(b) Advice on tender or extra-judicial offer where not merely confirming advice at consultation

(c) Note on line of evidence (revisal)

(d) The fee for other notes shall be within the following range:—

(4) Consultations

(a) Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion

(b) Other consultations

(5) Day in court

(a) Inner House– per day

(b) Outer House– per day