Search Legislation

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003

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This is the original version (as it was originally made).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.

Notes on the operation of chapter II

24.  Waiting time in a case shall only be payable in respect of the hearings which are referred to in paragraph 5 of the table of fees in this chapter and shall be payable–

(a)from the time appointed by the court for the Hearing; or

(b)from the conclusion of any other business ending prior to the case (including non legal aid cases),

whichever is the shorter.

Fee PayableUnits
1. Instruction Fee–

(a)All work from the taking of instructions to the conclusion of proceedings where no fee under paragraph (b) is allowable.

10

(b)To cover all work from the taking of instructions to commence or defend proceedings until the date appointed for the lodging of defences or the making of an order dispensing with written defences (except as specifically provided for below).

20

(c)Counterclaim – Additional fee where a counterclaim is lodged.

4

(d)Transfer of Agency – receiving instructions after a transfer of agency, where defences have, or should already have been, lodged, to include familiarising the incoming agent with the file.

8
2. Progress Fees–

(a)To cover all additional work (including adjustment, attendance at Options Hearing and Continued Options Hearing) from the conclusion of the work in Paragraph 1 until the allowance of a Proof or Debate (except as specifically provided below)

19
or

(b)To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents and resulting, prior to the allowance of a proof or debate, in the negotiated settlement of the action (except as specifically provided below).

19
3. Motions and Minutes etc.

(a)Fee to cover drawing, intimating, lodging, receiving and opposing (if so advised) any reponing note or written motion or minute (including Motions for interim orders) for any party–

(i)where opposed or unopposed and involving a hearing before the Sheriff, to include the first quarter hour of argument, even if involving appearances on different dates

6

(ii)where unopposed and not involving a hearing

2

(iii)thereafter attendance fee per quarter hour, including any continuation of the diet ordered by the Sheriff to allow a minute of amendment to be received and answered

1

(b)Fee to cover drawing, or receiving Minute of Amendment, in addition to motion fee, if appropriate–

(i)where assisted person is party bringing amendment and no answers lodged;

4

(ii)where amendment is sought by another party and no answers lodged by assisted person;

2

(iii)where answered, to include adjustment as required, for any party.

6

(c)Specification of Documents, in addition to motion fee, if appropriate–

(i)fee to cover drawing, intimating and lodging Specification

4

(ii)fee to opposing solicitor.

2
4. Miscellaneous Fees

(a)Affidavits – to framing all necessary affidavits, per sheet.

1

(b)Contact Arrangements – fee arranging or attempting to arrange interim contact arrangements where appropriate.

6

(c)Notice to Admit – preparing and serving/receiving a Notice to admit and serving a counter notice if required.

4

(d)Joint Minute of Admissions – preparing and/or considering and executing a joint minute of admissions with a view to avoiding unnecessary evidence or disposing of some (but not all) craves.

4

(e)Settlement conference/negotiation – participating in a settlement conference or negotiation after the allowance of a proof or debate where the solicitor making the claim is authorised in advance by the client to participate, per quarter hour (subject to a maximum charge of 8 units).

1

(f)Extra Judicial Settlement – fee to cover work to formalise settlement.

8

(g)Minute of Agreement – to drawing/revising Minute of Agreement necessary to accomplish or record overall settlement per sheet (subject to a maximum charge of 8 units).

1

(h)Report Fee – to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either–

(i)where the report is commissioned by the solicitor for the assisted person; or

4

(ii)the report is commissioned by order of Court.

(i)Additional Procedure – additional fee where Additional Procedure invoked (to include attendance at any procedural hearing(s).

4

(j)Additional fee where the action involves a third party minuter at any stage.

4
5. Preparation

(a)Preparation for proof fee

(i)If action settled or abandoned not later than 14 days before the diet of proof.

18

(ii)Where the action settles within 14 days of, or on the day of, or after the diet of proof but without evidence being lead.

24

(iii)In any other case where evidence is lead (to include settling with witnesses and enquiring for cause at avizandum (if required).

36

(b)Preparation for Debate– Fee to cover all work in connection with preparing for any debate, where such debate takes place prior to proof or Proof Before Answer.

8

(c)Preparation for Child Welfare Hearing – Fee to cover all work preparing for Child Welfare Hearing.

4

(d)Commission to Take Evidence – Fee to cover all work preparing for the taking of evidence or executing specification on open commission or proceeding as provided in (iii) below–

(i)For solicitor arranging commission.

8

(ii)For opposing solicitor.

4

(iii)If optional procedure adopted-fee for each person on whom specification is served.

1

(iv)Fee for perusing documents recovered-per quarter hour.

1

(e)Preparing for Appeal – Fee to cover all work preparing for an appeal to the Sheriff Principal (to include marking appeal or noting marking of appeal).

12
6. Conduct & Waiting
To waiting for or attending by solicitor at the conduct of any hearing referred to in paragraphs 5(a) to (e) above (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour.1

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