The Civil Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 1988

• Citation: S.I. 1988/1107
• Sections: 30

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 1988 and shall come into force on 1st August 1988.

(2) In these Regulations “the principal Regulations ” means the Civil Legal Aid (Scotland) (Fees) Regulations 1987 .

Section 2 Amendment of principal Regulations

Regulation 8A of the principal Regulations shall be deleted and the following shall be substituted therefor:—

(8A) Where any work is carried out in the preparation for or conduct of a case and that work could more economically have been done by instructing a local solicitor, only such fees and outlays shall be allowed as would have been allowable if a local solicitor had been instructed, including reasonable fees for instructing and corresponding with him, unless it was reasonable in the interests of the client that the solicitor in charge of the case, or a solicitor or clerk authorised by him, should attend personally.

Section 3 Amendment of principal Regulations

For the Table of Fees set out in Schedule 1 to the principal Regulations (Fees of Solicitors for Proceedings in the Court of Session) there shall be substituted the Table of Fees set out in Schedule 1 to these Regulations.

Section 4 Amendment of principal Regulations

For the Table of Fees set out in Schedule 2 to the principal Regulations (Fees of Solicitors for Proceedings in the Sheriff Court) there shall be substituted the Table of Fees set out in Schedule 2 to these Regulations.

Section 5 Amendment of principal Regulations

The amendments to the principal Regulations contained in regulations 3 and 4 of these Regulations shall apply only to fees for work done on or after 1st August 1988.

Section 1

In any undefended action of divorce or separation 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—

the pursuer’s solicitor may in respect of the work specified in column 1 of Table A in this paragraph charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and, in any other case, the inclusive fee specified in respect of that work in column 3 of that Table.

Section 1

All work to and including calling of the summons

Section 1

All work to and including calling of the summons

Section 1

All work to and including calling of the summons

Section 2

All work from calling to and including swearing affidavits

Section 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—

the pursuer’s solicitor may in respect of the work specified in column 1 of Table B in this paragraph charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and, in any other case, the inclusive fee specified in respect of that work in column 3 of that Table.

Section 2

All work from calling to and including swearing affidavits

Section 2

All work from calling to and including swearing affidavits

Section 3

All work from swearing affidavits to and including sending extract decree

Section 3

All work from swearing affidavits to and including sending extract decree

Section 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—

in addition to that fee, he may charge in respect of the work specified in column 1 of Table C in this paragraph the inclusive fee specified in respect of that work in column 2 of that Table.

Section 3

All work under items 1 and 2

Section 4

All work to and including sending extract decree

Section 4

All work to and including sending extract decree

Section 1

All work to and including the period of notice

Section 1

All work to and including the period of notice

Section 1

All work to and including the period of notice

Section 2

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

Section 2

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

Section 2

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

Section 3

All work from swearing affidavits to and including sending extract decree

Section 3

All work from swearing affidavits to and including sending extract decree

Section 3

All work under items 1 and 2

Section 4

All work to and including sending extract decree

Section 4

All work to and including sending extract decree