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

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CHAPTER ISHERIFF COURT CIVIL FEES (UNDEFENDED)

Work DoneInclusive Fee in Units
Part I – All actions except those actions of divorce or separation and aliment to which Part II applies

1.  Actions (other than those specified in paragraph 2 of this Part) in which decree is granted without proof–

Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree.6
Note: In cases where settlement is effected after service of a writ but before the expiry of the period of notice.5
Additional fee to cover–

(a)drawing, intimating and lodging any written motion for interim orders or diligence, including the first quarter hour of argument, even if involving appearances on different dates (to include instructing service and implementation)

6

(b)thereafter, attendance fee at any hearing (including any continuation of the diet) per quarter hour (payable only in relation to time engaged in the conduct of the hearing)

1
To framing all necessary affidavits per sheet (to include notarial fee unless on cause shown the affidavit cannot be notarised within the principal agent’s firm, in which case a fee to the external notary is 1 unit).1
Note: charges levied by notaries outwith the United Kingdom shall be payable according to the circumstances of the case; and
affidavits in this Part do not include those required to prove a divorce.

2.  Actions of separation and aliment (not being actions to which Part II of this chapter applies) adherence and aliment or residence and aliment where proof takes place –

inclusive fee to cover all work from taking instructions up to and including obtaining extract decree.20
Part II – Actions of divorce or separation and aliment where proof is by means of affidavits

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 be 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.

TABLE A
Column 1Column 2
Work doneInclusive fee in Units

1.  All work to and including the period of notice.

14

2.  All work from the period of notice to and including swearing affidavits.

10

3.  All work from swearing affidavits to and including sending extract decree.

3

4.  All work to and including sending extract decree.

27

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.

TABLE B
Column 1Column 2
Work doneInclusive fee in Units

1.  All work to and including the period of notice.

12

2.  All work from the period of notice to and including swearing affidavits.

6

3.  All work from swearing affidavits to and including sending extract decree.

3

4.  All work to and including sending extract decree.

21

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.

TABLE C
Column 1Column 2
Work doneInclusive fee in Units

1.  All work to and including the period of notice.

5

2.  All work from the period of notice to and including swearing affidavits.

3

3.  All work under items 1 and 2.

8

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