The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1995

• Citation: S.I. 1995/1044
• Sections: 16

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1995 and shall come into force on 5th May 1995.

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

Section 2 Application

These Regulations shall apply only to fees for work done on or after 5th May 1995.

Section 3 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 4 Amendment of principal Regulations

(1) For the Table of Fees set out in Schedule 2 to the principal Regulations (fees of solicitors for proceedings in the sheriff court) in relation to any case where the cause or action in respect of which legal aid is made available was commenced before 1st January 1994 there shall be substituted the Table of Fees set out in Schedule 2A to these Regulations.

(2) For the Table of Fees set out in Schedule 2 to the principal Regulations in relation to any case where the cause or action in respect of which legal aid is made available was commenced on or after 1st January 1994 there shall be substituted the Table of Fees set out in Schedule 2B to these Regulations.

Section 5 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 6 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 Schedule 4 to these Regulations.

Section 7 Revocations

The regulations set out in column 1 of Schedule 5 to these Regulations are hereby revoked to the extent specified in column 3 of that Schedule.

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.

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.

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.

Section 1

In any undefended action of divorce or 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.

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.

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.

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.

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.

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.