Search Legislation

Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2002

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Chapter IV –Summary Cause

Part II –Defended Actions

1.  Work before action commences – to cover all work of a pre-litigation basis, to include discussions/correspondence with opposing party, exchange of documentation, etc (not exceeding 1 hour)

100.00

2.—(a) Instruction fee to include taking instructions, framing summons and statement of claim, statement of valuation, obtaining warrant for service, enquiring for and consideration of Response Form (1½ hours)

150.00

(b)Where counter claim and answers lodged, additional fee of (1½ hours)

150.00

(c)If additional defender/third party brought in, additional fee to each original party’s agent (1 hour)

100.00

3.  Service–

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

10.30
Citation by post elsewhere – for each party22.75

(b)Instructing service or reservice by sheriff officer including perusing execution of citation and settling sheriff officer’s fee – for each party

10.30

(c)Framing and instructing service by advertisement – for each party

32.90

4.  Attendance at first calling–

(a)To include necessary preparation for and conduct of (each of) such hearings and noting interlocutor (1½ hours)

150.00

(b)Where waiting/hearing exceeds one half hour – for every extra quarter hour

25.00

5.  Attendance at Court–

Attendance at any diet except as otherwise specially provided – per half hour25.00

6.  Precognitions– taking and drawing – per sheet

36.40
Note: Where a skilled witness prepares his own precognition or report, the solicitor shall be allowed half of above drawing fee for perusing it (whether or not in the course of doing so he revises or adjusts it).

7.  Reports obtained under Order of Court–

(a)All work incidental to it

80.00

(b)Additional fee for perusal of report, per quarter hour

19.55

8.  Productions–

(a)For lodging productions – each inventory

43.60

(b)For considering opponent’s productions – each inventory

21.70

9.  Affidavits– to framing affidavits (where ordered) per sheet

14.50

10.  Motions and minutes–

Fee to cover drawing, intimating and lodging of any written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court (except as otherwise provided in this Chapter)–

(a)Where opposed

101.85

(b)Where unopposed – including for each party a joint minute or joint motion (other than under paragraph 14(b))

43.60

(c)Where motion exceeds half hour, additional fee per quarter hour

19.55

11.  Fee to cover considering opponent’s written motion or minute excluding minute or motion to recall decree and relative attendance at court–

(a)Where motion or minute opposed

101.85

(b)Where motion or minute unopposed

43.60

(c)Where motion exceeds half hour, additional fee per quarter hour

19.55

12.  Hearing Limitation–

Fee to include work done (except as otherwise specially provided for in this Chapter) undertaken with a view to limiting the scope of any hearing, and including the agreement of evidence generally including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparation and lodging of witness list, preparing Schedule of Damages and preparing and lodging joint minute (not exceeding 1 hour)100.00

13.  Procedure preliminary to proof–

(a)Fee to cover all work preparing proof (except as otherwise specially provided for in this chapter)

(i)If action settled or abandoned not later than 7 days before the diet of proof

250.00

(ii)In any other case

300.00

(b)Fee to cover preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, for each additional diet

94.60

(c)Fee for attendance inspecting opponent’s documents – per quarter hour

21.70

14.  Conduct of proof–

(a)Fee to cover conduct of proof or trial and debate on evidence taken at close of proof – per quarter hour

21.75

(b)Waiting time – per half hour

19.55

15.  Debate on Evidence–

(a)Where debate on evidence not taken at conclusion of proof, preparing for debate

72.70

(b)Fee for conduct of debate – per quarter hour

21.75

16.  Settlements–

(a)Judicial tender–

(i)Fee for preparation and lodging or for consideration of each minute of tender

79.90

(ii)Fee on acceptance of tender, to include preparation and lodging or consideration of minute of acceptance and attendance at court when decree granted in terms thereof

65.50

(b)Extra judicial settlement–

Fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto145.30

(c)Whether or not fees are payable under (a) or (b) above where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed – not exceeding

145.30

17.  Specification of documents–

(a)Fee to cover drawing, intimating and lodging specification and relative motion

(i)Where motion unopposed

79.90

(ii)Where motion opposed – additional fee per quarter hour

19.55

(b)Fee to opposing solicitor

(i)Where motion unopposed

43.60

(ii)Where motion opposed – additional fee per quarter hour

19.55

(c)Fee for citation of havers, preparation for and attendance before commissioner at execution of commission–

(i)Where attendance before commissioner does not exceed one hour

79.90

(ii)For each additional quarter hour after the first hour

21.70

(d)If optional procedure adopted – fee per person upon whom order is served

19.55

(e)Fee for perusal of documents recovered – per quarter hour

19.55

18.  Commissions to take evidence–

Open Commissions–

(a)Fee to solicitor applying for commission to include all work (except as otherwise specially provided for in this chapter) up to lodging report of commission but excluding attendance thereat

145.40

(b)Fee to opposing solicitor

72.70

(c)Fee for attendance at execution of commission – per quarter hour

21.70

19.  Appeals–

(a)Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof, perusing Stated Case, framing Questions in Law and Adjustment thereof, preparation for hearing

218.10

(b)Fee to cover conduct of hearing on Adjustments – per quarter hour

21.70

(c)Conduct of Appeal – per quarter hour

21.70

20.  Final Procedure–

(a)Fee to cover settling with witnesses and noting final interlocutor

109.10

(b)Fee to cover drawing of expenses, arranging, intimating and attending diet of taxation and obtaining approval of auditor’s report and where necessary, ordering, procuring and examining extract decree or adjusting account with opponent

94.60

(c)Fee to cover considering opponent’s account of expenses, objections and attendance at hearing on expenses – per quarter hour

19.55

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources