The Legal Aid (Scotland) (Fees in Civil Proceedings) Amendment Regulations 1991

• Citation: S.I. 1991/568
• Sections: 11

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Legal Aid (Scotland) (Fees in Civil Proceedings) Amendment Regulations 1991 and shall come into force on 1st April 1991.

(2) In these Regulations “the principal Regulations ” means the Legal Aid (Scotland) (Fees in Civil Proceedings) Regulations 1984 .

Section 2 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 3 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 he substituted the Table of Fees set out in Schedule 2 to these Regulations.

Section 4 Amendment of principal Regulations

For the Table of Fees set out in Schedule 3 to the principal Regulations (Fees of counsel for proceedings in the Court of Session) there shall he substituted the Table of Fees set out in Schedule 3 to these Regulations.

Section 5 Amendment of principal Regulations

The amendments to the principal Regulations made by regulations 2, 3 and 4 of these Regulations shall apply only to fees for work done on or after 1st April 1991.

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.

TABLE A

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

All work from calling to and including swearing affidavits

(2) £131.25 £157.50 3 All work from swearing affidavits to and including sending extract decree

(4) All work to and including sending extract decree

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.

TABLE B

(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

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.

TABLE C

Section 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,

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

TABLE A

Section 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,

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

TABLE B

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 in this paragraph the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE C

CHAPTER II — DEFENDED ACTIONS (OTHER THAN ACTIONS TO WHICH CHAPTER IV OR V APPLIES)

(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

(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—

(a) Fee for all work incidental thereto

(b) Additional fee per sheet of report to include all copies required (maximum £38.55)

(a) On interrogatories

(b) Open commissions

(a) Where answers lodged

(b) Where no answers lodged

(a) Where answers lodged

(b) Where no answers lodged

(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

(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 sub-paragraph (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)

(a) To sheriff principal

(b) To Court of Session

(a) Judicial tender

(b) Extra-judicial settlements