Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993

• Citation: S.I. 1993/3080
• Sections: 108

Section 1 Citation and commencement

(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 and shall come into force on 1st January 1994.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Section 2 Fees for solicitors

(1) Subject to sub-paragraph (2), Schedule 1 to this Act of Sederunt shall apply to work done and expenses or outlays incurred on or after the date on which this Act of Sederunt comes into force.

(2) Schedule 1 to this Act of Sederunt shall not apply to fees for work done, expenses or outlays incurred or to the taxation of accounts for which the Secretary of State may make regulations under and by virtue of section 14A of the Legal Aid (Scotland) Act 1967 or section 33 of the Legal Aid (Scotland) Act 1986 .

Section 3 Revocation and saving

(1) The Acts of Sederunt specified in Schedule 2 to this Act of Sederunt are hereby revoked.

(2) Notwithstanding the revocation in sub-paragraph (1), the provisions of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989 shall continue to have effect in respect of work done and expenses or outlays incurred before the coming into force of this Act of Sederunt.

Section 1

The Table of Fees in this Schedule shall regulate the taxation of accounts between party and party; and shall be subject to the aftermentioned powers of the court to increase or modify such fees.

Section 1

Actions (other than those specified in paragraph 2 of this Chapter) in which decree is granted without proof—

(a) Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree

Section 1

In any undefended action of divorce or separation and aliment where–

(a) the facts sets out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 (“the 1976 Act ”) are relied on;

(b) there is no crave 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 the inclusive fee specified in respect of that work in column 2 of that Table.

(1) All wwork 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 extracts decree

(4) All work to and including sending extract decree

Section 1

Instruction fee—

(a) To cover all work (except as hereinafter otherwise specially provided for in this Chapter) to the lodging of defences including copyings

Section 1

In each case to cover all consultations, revisal of papers and all incidental work.

Section 1

Instruction fee–

(a) To cover all work (except as otherwise specially provided for in this Chapter) to the lodging of defences including copyings

Section 1

Attendance at court conducting trial proof or formal debate or hearing–per quarter hour

Section 1

To include taking instructions, framing summons and statement of claim, obtaining warrant for service, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree and including posts and sundries

Section 1

Instructions fee, to include taking instructions (including instructions for a counterclaim), framing summons and statement of claim, obtaining warrant for service, enquiring for notice of intention to defend, attendance at first calling, noting defence.

Section 1

Taking instructions to present petition for decree-dative, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary, and all matters incidental to petition–inclusive fee

Section 2

The pursuer’s solicitor’s account shall be taxed by reference to the sum decerned for unless the court otherwise directs.

Section 2

Actions of separation and aliment, adherence and aliment and custody and aliment where proof (other than by way of affidavit evidence) takes place—

(a) Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree

Section 2

In any undefended action of divorce or separation and aliment where–

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

(b) there is no crave 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 work specified in column 1 of Table B, 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

Section 2

Adjustment fee— To cover all work (except as hereinafter otherwise specially provided for in this Chapter) in connection with the adjustment of the Record including (when appropriate) closing thereof, making up and lodging Closed Record and copyings—

(a) Agent for any party

Section 2

Fee to counsel to be allowed as outlay.

Section 2

Precognitions– Taking and drawing–per sheet

Section 2

Time occupied in the performance of all other work including attendances with client and others and attendances at court in all circumstances, except as otherwise specially provided–

(a) Solicitor–per quarter hour

Section 2

Service–

(a) citation by post wheresoever after the first citation for each party

Section 2

Service–

(a) Citation by post within United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland–for each party

Section 2

Preliminary investigation and confirmation of executors–

Section 3

Where an action has been brought under summary cause procedure, only expenses under Chapter IV of the Table of Fees shall be allowed unless the court otherwise directs.

Section 3

Petition for appointment or discharge of a curator bonis

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, 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

Section 3

Affidavit fee— To framing affidavits, per sheet

Section 3

Productions–

(a) For lodging productions–each inventory

Section 3

Drawing all necessary papers (other than affidavits) (the sheets throughout this Chapter to consist of 250 words or numbers)–per sheet

Section 3

Attendance at court

Section 3

Attendance at court–

Attendance at any diet except as otherwise specially provided

Section 3

Bonds of caution–

(a) Taking out bond of caution, getting it signed and lodged with clerk of court, and procuring attestation of cautioner’s sufficiency

Section 4

Fees for work done under the Social Work (Scotland) Act 1968 and summary applications shall be chargeable under Chapter III of the Table of Fees.

Section 4

If the pursuer’s solicitor elects to charge an inclusive fee under this Part he shall endorse a minute to that effect on the initial writ before extract of the decree is ordered; and when the option is so exercised decree for expenses shall be granted against the defender for said sum together with outlays up to £85 inclusive of VAT without the necessity for taxation. If outlays in excess of £85 are claimed, an account of such outlays shall be remitted to the auditor of court for taxation and the sum allowed for outlays shall be the amount of the account as taxed.

Section 4

(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–

(i) When debate does not exceed 1 hour

Section 4

Adjustment fee— To cover all work (except as otherwise specially provided for in this Chapter) in connection with the adjustment of the Record including making up and lodging certified copy Record–

(a) Agent for any party

Section 4

Framing affidavits–per sheet

Section 4

Preparing for proof, to include all work in connection with proof not otherwise provided for

Section 4

Restriction of caution–

Taking instructions to prepare petition for restriction of caution, drawing petition and making necessary copies, instructing advertisement and all matters incidental to petition–inclusive fee

Section 5

The court shall have the following discretionary powers in relation to the Table of Fees:–

(a) In any case the court may direct that expenses shall be subject to modification.

(b) The court may, on a motion made not later than seven days after the date of any interlocutor disposing of expenses, pronounce a further interlocutor regarding those expenses allowing a percentage increase in the fees authorised by the Table of Fees to cover the responsibility undertaken by the solicitor in the conduct of the cause. Where such an increase is allowed a similar increase may, if the court so orders, be chargeable by each solicitor in the cause against his own client. In fixing the amount of the percentage increase the following factors shall be taken into account:–

(i) the complexity of the cause and the number, difficulty or novelty of the questions raised;

(ii) the skill, time and labour, and specialised knowledge required, of the solicitor;

(iii) the number and importance of any documents prepared or perused;

(iv) the place and circumstances of the cause or in which the work of the solicitor in preparation for, and conduct of, the cause has been carried out;

(v) the importance of the cause or the subject-matter of it to the client;

(vi) the amount or value of money or property involved in the cause;

(vii) the steps taken with a view to settling the cause, limiting the matters in dispute or limiting the scope of any hearing.

(c) Where a party or his solicitor abandons, fails to attend or is not prepared to proceed with any diet of proof, debate, appeal or meeting ordered by the court, the court shall have power to decern against that party for payment of such expenses as it considers reasonable.

Section 5

Precognitions– Taking and drawing–per sheet

Section 5

Affidavits– To framing affidavits, per sheet

Section 5

Revising papers where revisal ordered–for each five sheets

Section 5

Fee to cover preparing for adjourned diet and all incidental work if diet for more than six days–for each adjourned diet

Section 6

The expenses to be charged against an opposite party shall be limited to proper expenses of process without any allowance (beyond that specified in the Table of Fees) for preliminary investigations, subject to this proviso that precognitions, plans, analyses, reports, and the like (so far as relevant and necessary for proof of the matters in the Record between the parties), although taken or made before the bringing of an action or the preparation of defences, or before proof is allowed, and although the case may not proceed to trial or proof, may be allowed.

Section 6

Custody reports obtained under order of court–

(a) Fee for all work incidental thereto

Section 6

Options Hearing– To include preparation for and conduct of Options Hearing (or First Hearing in defended family actions) and noting interlocutor–

(a) Where hearing does not exceed one half hour

Section 6

Copying all necessary papers by any means–

(i) First copy–per sheet

Section 6

(a) Drawing and lodging inventory of productions, lodging the productions specified therein and cons idering opponent’s productions (to be charged only once in each process)

Section 7

Except as otherwise provided in the Table of Fees, a solicitor may charge an account either on the basis of the inclusive fees of Chapters I and II or on the basis of the detailed fees of Chapter III of the Table of Fees, but he may not charge partly on one basis and partly on the other.