Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1988

• Citation: S.I. 1988/681
• Sections: 83

Section 1 Citation and commencement

(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1988 and shall come into force on 16th May 1988.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Section 2 Application

(1) The Schedule to this Act of Sederunt applies to work done or expenses incurred on or after the date on which this Act of Sederunt comes into force.

(2) The Schedule to this Act of Sederunt shall not apply to fees for work done, expenses or outlays incurred or to the taxation of accounts for which the Secretary of State may make regulations under and by virtue of section 14A of the Legal Aid (Scotland) Act 1967 or section 33 of the Legal Aid (Scotland) Act 1986 .

Section 3 Revocations and saving

(1) The Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1986 and the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1987 are revoked.

(2) Notwithstanding the revocations in paragraph (1), the provisions of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1986 shall continue to have effect in respect of work done, expenses or outlays incurred, before the coming into force of this Act of Sederunt.

Section 1

The Table of Fees in this Schedule shall regulate the taxation of accounts between (a) solicitor and client, client paying, (b) solicitor and client, third party paying and (c) party and party; and shall be subject to the aftermentioned powers of the sheriff to increase or modify such fees.

Section 1

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

Section 1

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

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

(b) there is no crave relating to any ancillary matters; and

(c) 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, charge the inclusive fee specified in respect of that work in column 2 of that Table.

(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

Section 1

Instruction fee—

Section 1 Note

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

Section 1

Attendance at court conducting trial proof or formal debate or hearing—per quarter hour

Section 1

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 sundries

Section 1

Instructions fee, to include taking instructions (including instructions for a counterclaim) framing summons and statement of claim, obtaining warrant for service, enquiring for notice of intention to defend, attendance at first calling, noting defence

Section 1

Taking instructions to present petition for decree-dative, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary, and all matters incidental to petition—inclusive fee

Section 2

The pursuer’s solicitor’s account as between party and party shall be taxed by reference to the sum decerned for unless the sheriff otherwise directs.

Section 2

Actions of separation and aliment, adherence and aliment and custody and aliment where proof (other than by way of affidavit evidence) takes place–

Section 2

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

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

(b) there is no crave relating to any ancillary matters; and

(c) the pursuer seeks to prove those facts by means of affidavits,

the pursuer’s solicitor may, in respect of work specified in column 1 of Table B, charge the inclusive fee specified in respect of that work in column 2 of that Table.

(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

Section 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–

Section 2 Note

Fee to counsel to be allowed as outlay.

Section 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–

Section 2

Service–

Section 2

Service–

Section 2

Preliminary investigation and confirmation of executors–

To be charged for according to general table of fees for conveyancing and general business in testate succession in force from time to time.

Section 3

Where an action has been raised under summary cause procedure, only expenses under Chapter IV of the Table of Fees shall be allowed unless the sheriff otherwise directs.

Section 3

Petition for appointment or discharge of a curator bonis

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 crave 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, the inclusive fee specified in respect of that work in column 2 of that Table.

(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

Section 3

Affidavit fee —To framing affidavits, per sheet

Section 3

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

Section 3

Attendance at court

Section 3

Attendance at court–

Section 3

Bonds of caution–

Section 4

Fees for work done in terms of the Social Work (Scotland) Act 1968 shall be chargeable under Chapter III of the Table of Fees.

Section 4

If the pursuer’s solicitor elects to charge an inclusive fee under this Part he shall endorse a minute to that effect on the initial writ before extract of the decree is ordered; and when the option is so exercised decree for expenses shall be granted against the defender for said sum together with outlays up to £85 inclusive of VAT without the necessity for taxation. If outlays in excess of £85 are claimed, an account of such outlays shall be remitted to the auditor of court for taxation and the sum allowed for outlays shall be the amount of the account as taxed.

Section 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–

Section 4

Framing affidavits—per sheet

Section 4

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

Section 4

Restriction of caution–

Section 5

The sheriff shall have the following discretionary powers in relation to the Table of Fees:–

(a) In any case the sheriff may direct that expenses shall be subject to modification.

(b) In cases of importance or requiring special preparation, the sheriff may, upon a motion made not later than seven days after the date of any interlocutor disposing of expenses, pronounce a further interlocutor regarding these expenses allowing a percentage increase in a cause on the ordinary roll, not exceeding 50 per cent, and in a cause on the summary cause roll, not exceeding 100 per cent, of the fees authorised by this table to cover the responsibility undertaken by the solicitor in the conduct of the litigation. Where such an increase is allowed a similar increase may, if the sheriff so orders, be chargeable by each solicitor in the cause against his own client. In fixing the amount of the percentage increase the following factors shall be taken into account:–

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

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

(iii) the number and importance of the documents (however brief) prepared or perused;

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

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

(vi) the amount or value of money or property involved;

(vii) 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.

(c) Where a party or his solicitor on one side attends any diet of proof or debate or any meeting ordered by the sheriff and the other is absent or not prepared to proceed the sheriff shall have power to decern against the latter party for payment of such expenses as the sheriff may consider reasonable. If an appeal be abandoned, or any debate on preliminary pleas or otherwise ordered by the sheriff be departed from by any party and notice to that effect be given to the opposite party at least three lawful days before the date fixed for the hearing no debate fee shall be allowed; but failing such notice a debate fee shall be allowed to the respondent’s or other party’s solicitor of one-half of the amount which would have been allowed had the debate proceeded.

Section 5

Precognitions —Taking and drawing—per sheet

Section 5

Revising papers where revisal ordered—for each five sheets

Section 5

Fee to cover preparing for adjourned diet and all incidental work if diet for more than six days—for each adjourned diet

Section 6

The expenses to be charged against an opposite party shall be limited to proper expenses of process without any allowance (beyond that specified in the Table of Fees) for preliminary investigations, subject to this proviso, that precognitions, plans, analyses, reports, and the like (so far as relevant and necessary for proof of the matters in the Record between the parties), although taken or made before the raising of an action or the preparation of defences, or before proof is allowed, and although the case may not proceed to trial or proof, may be allowed.

Section 6

Custody reports obtained under order of court–

Section 6

Copying all necessary papers by any means–

Section 7

Save as otherwise provided in the Table of Fees it shall be in the option of the solicitor to charge an account either on the basis of the inclusive fees of Chapters I and II or on the basis of the detailed fees of Chapter III of the Table of Fees, but in accounts as between party and party it shall not be competent to make charges partly on the one basis and partly on the other. In accounts as between solicitor and client, however, it shall be competent to charge an account partly on the basis of the inclusive fees of Chapters I and II and partly on the basis of the detailed fees of Chapter III of the Table of Fees, but if an inclusive fee is charged under Chapters I or II no work falling thereunder shall be charged again under Chapter III.

Section 7

Commissions to take evidence–

(a) On Interrogatories–

Section 7

Certifying or signing a document

Section 7

Precognitions–

Section 8

In order that the expenses of litigation may be kept within proper and reasonable limits only such expenses shall be allowed in the taxation of accounts between party and party as are necessary for conducting it in a proper manner. It shall be competent to the auditor to disallow all charges for papers, parts of papers or particular procedure or agency which he shall judge irregular or unnecessary.

Section 8

Specification of documents–

Section 8

Perusing any document—per quarter hour

Section 8

Motions and minutes–

Fee to cover drawing, intimating and lodging of any written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court (except as otherwise provided in this chapter)–