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Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2003

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SCHEDULE 1

(1)(2)(3)
(provision)(old fee) £(new fee) £
Chapter I:
1(a)12.3013.80
(b)5.105.70
(c)18.1020.30
35.105.70
4(a)12.3013.80
(b)12.3013.80
(c)12.3013.80
5(a)24.5027.50
(b)24.5027.50
(c)24.5027.50
(e)(i)12.3013.80
(ii)12.3013.80
(iii)5.105.70
6(a)12.3013.80
(b)2.502.80
(c)5.105.70
Chapter III Part I:
1(a)220.40247.40
Chapter III Part II:
1309.50347.40
2177.00198.70
3(a)45.4051.00
(b)65.6073.60
(c)81.5091.50
4(a)79.6089.40
(b)24.5027.50
(c)13.6015.30
5(a)73.6082.60
(b)24.5027.50
7220.40247.40
867.9076.20
Chapter III Part III:
Table A:
1 (column 2)447.20545.90
(column 3)510.70623.40
2 (column 2)317.90388.10
(column 3)386.00471.20
3 (column 2)97.60119.10
(column 3)143.30174.90
4 (column 2)862.701053.10
(column 3)1,039.901269.40
Table B:
1 (column 2)367.90449.10
(column 3)431.40526.60
2 (column 2)177.00216.10
(column 3)224.80274.40
3 (column 2)97.60119.10
(column 3)143.30174.90
4 (column 2)642.40784.20
(column 3)799.30975.70
Table C:
190.80101.90
2101.90114.40
3192.60216.20
Chapter III Part IV:
1(a)458.70514.90
(b)635.50713.30
2(a)310.90379.50
3(a)55.6062.40
452.5058.90
Chapter III Part V:
1(a)431.40526.60
(b)46.5056.80
(c)90.80110.80
1A276.40337.40
2(a)458.70559.90
(b)283.70346.30
(c)(i)46.5056.80
(ii)24.5029.90
(d)136.10166.10
(e)202.00246.60
3(a)90.80110.80
(b)24.5029.90
(c)67.9082.90
4(a)86.30105.30
(b)24.5029.90
(c)12.3015.00
(d)86.30105.30
(e)24.5029.90
(f)12.3015.00
545.6055.70
6(a)97.70119.30
(b)13.6016.60
7(a)90.80110.80
(b)44.1053.80
(ba)82.10104.60
(c)24.5029.90
(d)136.3044.30
(e)23.5029.90
8(a)83.90102.40
(b)147.60180.20
(c)54.5066.50
(d)13.6016.60
9(a)202.00246.60
(b)90.80110.80
(c)24.5029.90
10(a)24.5029.90
(b)67.9082.90
(c)24.5029.90
(d)67.9082.90
(e)24.5029.90
11256.70313.30
12(a)67.9082.90
(b)24.5029.90
(c)99.80121.80
(d)45.9056.00
(e)232.40283.70
(f)129.30157.80
13(a)624.20761.90
(b)55.6067.90
(c)113.70138.80
(d)24.5029.90
15(a)(i)136.10166.10
(ii)90.80110.80
(iii)90.80110.80
(b)227.00277.10
(c)385.90471.10
(d)23.5029.90
16482.50589.00
1724.5029.90
18164.50200.80
1936.3044.30
20(a)183.90224.50
(b)55.6067.90
Chapter III Part VI:
1(a)136.10166.10
(b)67.9082.90
(c)56.9069.50
2(a)164.50200.80
(b)81.5099.50
(c)55.6067.90
3(a)136.10166.10
(b)24.5029.90
655.6067.90

SCHEDULE 2PART VA – DEFENDED PERSONAL INJURIES ACTIONS COMMENCED ON OR AFTER 1 APRIL 2003

Fee
£

Precognitions / Expert Reports / Factual Reports

(a)Taking and drawing precognitions, per sheet

55.60

(b)Perusal fee for consideration of Reports (whether or not in the course of doing so he revises or adjusts it), half thereof, per sheet

27.80

Pre-Litigation Fee

2.  All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings particularly to include communications between parties in relation to areas of medical/quantum/discussion re settlement or such other sum as in the opinion of the Auditor is justified

336.70

Instruction

(a)To cover all work (except as otherwise specially provided for in this Chapter) from commencement to the lodging of Defences

525.50

(b)Specification of Documents per Form 43.2-B

73.80

(c)In the event of the Summons being drafted without the assistance of Counsel or a Solicitor-Advocate such further fee will be allowed as the Auditor considers appropriate

179.10

(d)Instructing re-service where necessary

56.70

(e)If counterclaim lodged, additional fee for each party to include Answers

179.10

(f)Arranging commission to recover documents, citing havers, instructing Commission and shorthand writer and preparation for commission

100.00

(g)Attendance at execution of commission, to include travelling, per quarter hour of

29.90

(g)If alternative procedure adopted, a fee per person on whom order served of

44.20

(h)Fee for perusal of documents recovered under a specification of Documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour

29.90

Record

(a)All work in connection with adjustment and closing of record

558.70

(b)All work as above, so far as applicable, where cause settled or disposed of before record closed

345.60

(c)If consultation held before record closed, additional fees may be allowed as follows–

(i)arranging consultation

56.70

(ii)attendance at consultation, to include travelling, per quarter hour

29.90

(d)Additional fee to sub-paragraph (a) or (b), (to include necessary Amendments) to the pursuer and existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of

165.80

(e)If an additional pursuer, defender or third party is brought in after the record is closed, an additional fee shall be allowed to the existing pursuer and the existing defender or defenders, each of

246.10

Valuation of claim

(a)Fee to cover Note on Quantum/Valuation of Claim

358.20

(b)Opponent’s fee for inspection of Valuation of Claim

179.10

(c)Inspection of documents, per quarter hour

29.90

Adjustment of issues and counter-issues

(a)All work in connection with and incidental to the lodging of an issue, and adjustment and approval of it

105.10

(b)If one counter-issue, additional fee to pursuer of

29.90

By Order Roll/Variation of timetable order/Adjustment on Final Decree/Interim Payment of Damages

(a)Fee to cover preparing and instruction of Counsel, to include attendance not exceeding half an hour

82.70

(b)Thereafter attendance fee, per additional quarter hour

29.90

(c)In the event of a separate Advising/Opinion and all work incidental thereto

82.70

Reports obtained under order of court excluding Auditor’s Report

(a)All work incidental to it

119.00

(b)Additional fee for perusal of report, per quarter hour or such other sum as in the opinion of the Auditor is justified

16.60

Incidental Procedure

9.  (not chargeable prior to approval of issue or allowance of proof) Noting diet, obtaining note on the line of evidence, etc, borrowing and returning process, consultation on the sufficiency of evidence

312.70

Specification of documents (if further Specification considered necessary)

(a)Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor

110.60

(b)Fee to opponent

53.70

(c)Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission

100.00

(d)Attendance at execution of commission, per quarter hour, of

29.90

(e)If alternative procedure adopted, a fee per person on whom order served, of

44.20

(f)Fee for perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour

29.90

Commission to take evidence on interrogatories

(a)Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories

224.00

(b)Fee to opponent if cross-interrogatories lodged

179.80

(c)Fee to opponent if no cross-interrogatories lodged

67.00

(d)In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies, of

16.60

Commission to take evidence on open commission

(a)Applying for commission up to and including lodging report of commission, but excluding sub-paragraph (c)

246.10

(b)Fee to opponent

110.60

(c)Fee for attendance at execution of commission, to include travelling, per quarter hour, of

29.90

Miscellaneous motions and minutes where not otherwise covered by this Part

(a)Where attendance of counsel and/or solicitor not required

29.90

(b)Where attendance of counsel and/or solicitor required inclusive of instruction of counsel, not exceeding half hour

85.20

(c)Thereafter attendance fee, per quarter hour

29.90

(d)Instructing counsel for a minute/note on further procedure (if applicable), revising and lodging as a separate step in process including any necessary action

82.70

(e)Perusing a minute of admission or abandonment/note ordered by Court/notice of grounds

29.90

Amendment of record

(a)Amendment of conclusions only, fee to proposer

82.70

(b)Amendment of conclusions only, fee to opponent

29.90

(c)Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer

121.60

(d)In same circumstances, fee to opponent

55.90

(e)Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers

283.10

(f)Fee for adjustment of minute and answers, where applicable, to be allowed in addition to each party, of

157.50

Copying

15.  For the copying of papers by whatever means–

(a)where a copy is required to be lodged, or sent, in pursuance of any Rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and he may make different provision for different classes of case); and

(b)in any other case, if the Auditor determines (either or both) that–

(i)the copying had to be done in circumstances which were in some way exceptional;

(ii)the papers which required to be copied were unusually numerous having regard to the nature of the cause, such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person in copying shall not be allowed).

Notes:

1.  Where a determination is required under sub-paragraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account.

2.  Copying done other than in the place of business of the solicitor shall be shown as an outlay.

Preparation for proof or jury trial

16.  (to include fixing consultation on the sufficiency of evidence, fee-funding precept, citing witnesses, all work checking and writing up process and preparing for proof or jury trial)

(a)If action settled before proof or jury trial, or lasts only one day, to include where applicable, instruction of counsel

760.30

(b)For each day or part of day after the first, including instruction of counsel

67.70

(c)Preparing for adjourned diets and all work incidental to it as in sub-paragraph (a), if adjourned for more than five days

138.50

(d)If consultation held before proof or jury trial, attendance at it, per quarter hour

29.90

Pre-trial meeting

(a)Fee arranging pre-trial meeting (each occasion)

56.70

(b)Fee preparing for pre-trial meeting

298.50

(c)Fee attending pre-trial meeting, per quarter hour

29.90

(d)Joint Minute of pre-trial meeting–

(i)in respect of Section 1 only

92.20

(ii)in respect of Sections 1 and 2 only

184.30

(iii)in respect of Sections 1 and 3 only

214.20

(iv)in respect of Sections 1, 2 and 3 only

276.50

Hearing limitation fee

18.  For any work undertaken to limit matters in dispute not otherwise provided for – subject to details being provided

238.80

Settlement

(a)Settlement by tender

(i)Lodging or considering first tender

165.80

(ii)Lodging or considering each further tender

110.60

(iii)If tender accepted, an additional fee to each accepting party

110.60

(b)Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender or joint minute) to include preparation and lodging of joint minute

276.50

(c)The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement, of

470.00

(d)If consultation held to consider tender, extrajudicial settlement (not based on judicial tender) or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour

29.90

Proof or jury trial

20.  Attendance fee, per quarter hour

29.90

Accounts

(a)Preparation of judicial account, to include production of vouchers and adjustment of expenses

238.80

(b)Perusal of points of objections, per quarter hour

19.90

(c)Attendance at taxation, per quarter hour

19.90

Ordering and obtaining extract

44.20

Final procedure

(a)If case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial, to include all work to close of cause so far as not otherwise provided for

224.00

(b)In any other case

67.50

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