The Legal Aid (Scotland) (Fees in Civil Proceedings) Amendment Regulations 1992

• Citation: S.I. 1992/371
• Sections: 142

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Legal Aid (Scotland) (Fees in Civil Proceed ings) Amendment Regulations 1992 and shall come into force on 1st April 1992.

(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 be 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 be 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 1992.

Section 1

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

Section 1

Inclusive fee to pursuer’s solicitor in all undefended cases where no proof is led, to cover all work from taking instructions up to and including obtaining extract decree

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)(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.

(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

(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.

(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

(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.

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

(2) All work from calling to and including swearing affidavits

(3) All work under items 1 and 2

Section 1

Fee for all work, including precognitions and all copyings, up to and obtaining extract decree—

(a) in the case of an Edinburgh solicitor acting alone

Section 1

Instruction fee

(a) To cover all work (apart from precognitions) until lodgement of open record

Section 1

Reclaiming motions

(a) Fee for solicitor for appellant for all work up to interlocutor sending case to roll

Section 2

Copying papers by any means

Section 2

Incidental procedures

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

(a) To cover all work in connection with adjustment and closing of record including subsequent work in connection with By Order Adjustment Roll

Section 2

Appeals from inferior courts

(a) Fee for solicitor for appellant

Section 3

Revising papers drawn by counsel, open and closed records etc.

Section 3

Amendment

(a) Where summons amended, where re-service is not ordered, and motion is not starred

Section 3

Where applicable, the fees set out in paragraphs 5, 6, 7, 10, 12, 14, 18, 19, 20 and 21 of Part V of this Chapter may be charged.

Section 3

Procedure Roll or Debate Roll

(a) Preparing for discussion and all work incidental thereto including instruction of counsel

Section 3

Summer or Short Roll

(a) Preparing for discussion, instructing counsel, and preparing appendix

Section 4

Citation of parties, witnesses, havers, instructions to messengers-at-arms

Section 4

Commissions to take evidence on interrogatories

(a) Basic fee to cover all work up to and including lodging completed interrogatories

Section 4

Reports—

Section 4

Adjustment of issues and counter-issues

Section 4

Where applicable the fees set out in Part V of this Chapter may be charged.

Section 5

Time charges

(a) Attendance at meetings, preparation for proof, trial or debate, attendance at court, consultation with counsel, etc.—

Section 5

Commissions to take evidence on open commission

(a) Basic fee to solicitor applying for commission but excluding attendance at execution thereof

Section 5

Obtaining Bond of Caution

Section 5

Precognitions

Section 5

Special cases and Inner House petitions

Section 6

Correspondence

Section 6

Where applicable the fees set out in paragraphs 6, 7, 10, 14, 16 and 21 of Part V of this Chapter may be charged

Section 6

Reports obtained under order of court excluding auditor’s report

(a) Fee for all work incidental thereto

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

(a) Basic fee to cover instructing counsel, revising and lodging and all incidental procedures to obtain a diligence up to and including obtaining interlocutor

Section 8

Accounts

Section 8

Commission to take evidence on interrogatories

(a) Basic fee to solicitor applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories

Section 9

Commission to take evidence on open commission

(a) Basic fee to solicitor applying for commission up to and including lodging report of commission, but excluding attendance at execution thereof

Section 10

Miscellaneous motions where not otherwise covered by this Chapter

(a) Where attendance of counsel or solicitor not required

Section 11

Incidental procedure (not chargeable prior to approval of issue or allowance of proof)

Section 12

Amendment of record

(a) Amendment of conclusions only — fee to solicitor for pursuer

Section 13

Preparation for trial or proof to include fixing consultation on the sufficiency of evidence and attendance thereat, fee-funding precept, adjusting minute of admissions, citing witnesses, all work checking and writing up process, and preparing for trial or proof

(a) If action settled before trial or proof, or the trial or proof lasts only one day, to include, where applicable, instruction of counsel

Section 14

Copying

Section 15

Settlement by tender — fees for solicitor for either party

(a) Basic fee for lodging, or for considering, first tender

Section 16

Extra-judicial settlement

Section 17

Proof or trial

Section 18

Accounts — to include framing and lodging account, intimating diet, and attending taxation, uplifting account and noting and intimating taxations