The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2007

Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

7.  In Chapter II of Schedule 6–

(a) in paragraph 7–

(i) for “either paragraph 2(a) or paragraph 2(b); both fees” substitute “paragraph 2(a)(i), (ii) or (iii); more than one fee”; and

(ii) for “paragraph 2(b)”, where it second occurs, substitute “paragraph 2(a)(ii)”;

(b) after paragraph 7, insert–

“7A.   The fee under paragraph 2(a)(iii) is payable only where–

(a) no settlement is achieved but an outcome or disposal is reached and the solicitor can demonstrate that an exercise of sustained negotiation involving a significant level of discussion between the solicitor, the client and, as the case may be, the opponent (or the opponent’s agent) took place;

(b) the Board is satisfied that all the additional work carried out by the solicitor was reasonable and necessary in all the circumstances of the case; and

(c) the work is clearly documented on the file and may be perused by the Board as required.”;

(c) in paragraph 8–

(i) before “Auditor” insert “Board or, as the case may be, the”; and

(ii) for “paragraph 2(b)” substitute “paragraph 2(a)(ii) or (iii)”;

(d) in paragraph 9, after “any continued hearing” insert “including a hearing under Rule 18.3 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907(1)”;

(e) after paragraph 14, insert–

“14A.   The fee under paragraph 4(k) in contentious contact dispute cases is payable only where the additional work is necessary as a result of a material issue and not due to one party’s refusal to resolve any contact issue.

14B.   The fee under paragraph 4(k) is payable in respect of each of the circumstances specified in that sub-paragraph.”;

(f) omit paragraph 17;

(g) for paragraph 19, substitute–

“19.   The fee under paragraph 6 is payable on the total time engaged per day and is payable cumulatively between waiting and conduct time, rounded up to the nearest 15 minutes. The fee is payable–

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

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

whichever is the shorter.”;

(h) in paragraph 21–

(i) for “Excess travel time, in addition to the fees payable under this chapter,”, substitute “In addition to the fees payable under this chapter, travel time”;

(ii) in paragraph (b), for “was” substitute “is”;

(iii) in paragraph (c), omit “(and no travel time shall be payable in respect of the first 10 miles travelled in each direction)”;

(iv) in paragraph (d), for “between” substitute “among”; and

(v) at the end, for “; and” substitute “.”; and

(i) for paragraph 24, substitute–

“24.   Unless otherwise prescribed no fee is allowable unless the work for which the fee is payable has been completed in its entirety.”.

(1)

1907 c. 51. Schedule 1 was substituted by S.I. 1993/1956 and relevantly amended by S.I. 1996/2445 and S.S.I. 2000/239.