Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 1989

• Citation: S.I. 1989/445
• Sections: 64

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) 1989 and shall come into force on l2th April 1989.

(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

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

Section 1 Notes

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

Section 1 Notes

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

Section 2 Notes

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

Section 2

Copying papers by any means (including facsimile transmission)—

Section 2

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 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

Revising papers drawn by counsel, Open and Closed Records, etc.—for each five sheets or part thereof

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

Citation of parties, witnesses, havers, instructions to Messengers-at-Arms—

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 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.

Section 5

Time Charges—

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 of parties, or lodged and proved at the trial or proof.

Section 6

Correspondence—

Section 1

Fee for all work (other than precognitions) up to and including the calling of summons in court

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

Fee for all work, including precognitions and all copyings, up to and obtaining Extract Decree—

Section 1

Instruction Fee—

Section 1 Notes

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

Section 1

Reclaiming Motions—

Section 2

Incidental Procedure—

Section 2

In any undefended action of divorce or separation where—

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

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

Section 2

Record Fee—

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 2

Appeals from inferior courts—

Section 3

Amendment—

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.

Add session fee of 7½% if Edinburgh solicitor only.

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

Section 3

Where applicable, charges under Part IV paragraphs 2,3 and 5 to 21 of this Table.

Section 3

Procedure Roll or Debate Roll—

Section 3 Notes

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.

Section 3

Summary or Short Roll—

Section 4

Commissions to take evidence on interrogatories—

Section 4

The Lord Ordinary shall, on pronouncing an interlocutor 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 4

Reports in opposed petitions—

Section 4

Adjustment of Issues and Counter-Issues—

Section 4

Where applicable, charges under Part IV of this Chapter.

Section 5

Commissions to take evidence on Open Commission—

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 5

Obtaining Bond of Caution

Section 5

Precognitions—

Section 5

Special Cases and Inner House petitions, according to circumstances of the case.

Section 6

Where applicable, charges under Part IV paragraphs 6, 7, 10, 14, l6 and 21.

Section 6

Reports obtained under order of court excluding Auditor’s report—

Section 6

Obtaining Bond of Caution

Section 7

Proof and completion fee — excluding Accounts of Expenses but including instructing counsel for proof, attendance at proof, settling with witnesses, borrowing and returning productions, procuring interlocutor, and obtaining Extract Decree of Divorce

Section 7

Specification of Documents—

Section 8

Accounts—