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

• Citation: S.I. 1992/372
• Sections: 12

Section 1 Citation, commencement and interpretation

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

(2) In these Regulations “the principal Regulations ” means the Civil Legal Aid (Scotland) (Fees) Regulations 1989 .

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 (table of detailed fees chargeable by solicitors for proceedings in the Court of Session and sheriff court) there shall be substituted the Table of Fees set out in Schedule 3 to these Regulations.

Section 5 Amendment of principal Regulations

For the Table of Fees set out in Schedule 4 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 the Schedule 4 to these Regulations.

Section 6 Amendment of principal Regulations

The amendments to the principal Regulations contained in regulations 2, 3, 4 and 5 of these Regulations shall apply only to fees for work done on or after 1st April 1992.

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

(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 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' noncohabitation 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

(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 Part II — Actions of divorce or separation and aliment where proof is by means of affidavits

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.

(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

Add process fee to item 4

Section 2 Part II — Actions of divorce or separation and aliment where proof is by means of affidavits

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' noncohabitation) 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.

(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

Add process fee to item 4

Section 3 Part II — Actions of divorce or separation and aliment where proof is by means of affidavits

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.

(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

Add process fee to item 3