Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 1988

• Citation: S.I. 1988/684
• Sections: 18

Section 1 Citation and commencement

(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 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 Solicitors' fees

In rule 347 of the Rules of the Court of Session (fees of solicitors) in Chapters I and III , there is substituted the table of fees set out under those Chapters in the Schedule to this Act of Sederunt, and the fees so substituted shall apply to work, in respect of which those fees are chargeable, done on or after the date on which this Act of Sederunt comes into force.

Section 1 Notes

The sheet throughout this table shall consist of 250 words or numbers.

Section 1 Notes

Time necessarily occupied in travelling to be regarded as if occupied on business. Reasonable travelling and maintenance expenses to be allowed in addition.

Section 1

In any undefended action of divorce or separation where–

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

(b) there are no conclusions 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, 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 Notes

In addition each solicitor shall be entitled to charge for copies of the precognition for the use of counsel and hemself.

Section 2 Notes

Each solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself.

Section 2 Notes

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.

Section 2

In any undefended action of divorce or separation where–

(a) the facts set out in section 1(2)(c) (desertion) or 1(2)(d) (2 years non-cohabitation and consent) and 1(2)(e) (5 years non-cohabitation) of the 1976 Act are relied upon; and

(b) there are no conclusions 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 B 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 Notes

Charges for the precognitions and attendances of witnesses present at a proof or trial but not examined nor held as concurring with a witness who has been examined may be allowed, provided a motion to this effect is made at the close of the proof or trial and the court grants the same and the witnesses' names are noted.

Section 3 Notes

As between party and party charges for the precognitions and attendances of witnesses present at a proof or trial but not examined nor held as concurring with a witness who has been examined may be allowed provided a motion to this effect is made at the close of the proof or trial and the court grants the same and the witnesses' names are noted.

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 the inclusive fee specified in respect of that work in column 2 of that Table, being the same additional inclusive fee whether he is an Edinburgh solicitor acting alone or on the instructions of a solicitor outside Edinburgh.

TABLE C

Add session fee of 7½% if Edinburgh solicitor only.

Add session fee of 10 % if Edinburgh solicitor and solicitor outside Edinburgh.

Section 3 Notes

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

Section 4 Notes

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

Section 4

The Lord Ordinary shall, on pronouncing an interloctor granting decree of divorce or separation in any action to which paragraph 1 or 2 apply, include in that interlocutor, where appropriate, a finding in respect of expenses.

Section 5 Notes

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 correcponding 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.

Section 5

On pronouncing an interlocutor under paragraph 4 making a finding in respect of expenses, the Lord Ordinary shall pronounce a further interlocutor decerning for payment of those expenses as taxed by the person found liable to pay them.

Section 6 Notes

As between party and party, no allowance shall be made for plans or photographs lodged in process or prepared for use of counsel except such as are either ordered or subsequently sanctioned by the court, prepared by mutual arrangement or parties, or lodged and proved at the trial or proof.