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The Court of Session etc. Fees Amendment Order 2008

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Article 2(2)(c), as read with article 1

SCHEDULE 3TABLE OF FEES

This schedule has no associated Executive Note

Fees payable from 1st April 2010

Column 1Column 2Column 3
(Matters)(Fee payable)(Fee formerly payable(1))
££
PART I – FEES IN THE CENTRAL OFFICE OF THE COURT
A. SIGNETING
Signeting of any writ or summons, if attendance is necessary outwith the normal office hours105100
B. GENERAL DEPARTMENT

1.  Appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House – fee (to comprehend signeting in normal office hours)

180175

2.  Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding other than a family action

180175

3.  Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, of a duplicate thereof)

140135

4.  Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)

105100

5.  In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required.

Charge of the sheriff officer to serve document plus £10Charge of the sheriff officer to serve document plus £10

6.  Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action

140135

7.  Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed

6060

8.  Special case–

For each party9090
Maximum fee payable per case365355

9.  Application by minute or motion for variation of an order in a family action

3030

10.  Answers or opposition to an application under item B9 of this Table

3030

11.  Letter of request to a foreign court

4545

12.  Citation of each jury, to include outlays incurred in citing and countermanding – payable on receipt of instruments for issue of precept

250245

13.  Reclaiming motion – fee payable by party enrolling motion

180175

14.  Closed record – fee payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined

9085

15.  Allowing proof, etc. – fee payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed

5045

16.  For the items in B17 to B25 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–

  • For every 30 minutes or part thereof

17.  Proof or Procedure Roll (B16 applies)

4545

18.  Summar Roll (B16 applies)

4545

19.  Jury Trial (B16 applies)

4545

20.  Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (B16 applies)

4545

21.  Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (B16 applies)

10095

22.  Motion Roll hearing (B16 applies)

4545

23.  Single Bills hearing (B16 applies)

10095

24.  Outer House hearings out of hours (B16 applies)

5555

25.  Inner House hearings out of hours (B16 applies)

125120

26.  Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion

4545
C. PETITION DEPARTMENT

1.  Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982(2)

180175

2.  Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours

105100

3.  Petition to be admitted as a notary public:

For each applicant135130

4.  Petition to be admitted as a solicitor:

For each applicant135130

5.  Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies

180175

6.  Caveat

4545

7.  Fiat

4545

8.  Registering official copies of orders of courts in England and Wales or Northern Ireland

1515

9.  Issue of an abbreviate in sequestration

1515

10.  Reclaiming motion – fee payable by party enrolling motion

180175

11.  Closed record – fee payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined

9085

12.  Allowing proof, etc. – fee payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed

5045

13.  Registering orders for enforcement under section 426 of the Insolvency Act 1986(3)

1515

14.  For the items in C15 to C23 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–

  • For every 30 minutes or part thereof

4545

15.  Proof or Procedure Roll (C14 applies)

4545

16.  Summar Roll (C14 applies)

4545

17.  Jury Trial (C14 applies)

4545

18.  Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (C14 applies)

4545

19.  Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (C14 applies)

10095

20.  Motion Roll hearing (C14 applies)

5555

21.  Single Bills hearing (C14 applies)

10095

22.  Outer House hearings out of hours (C14 applies)

5555

23.  Inner House hearings out of hours (C14 applies)

125120

24.  Fee payable by any party enrolling a motion or making a motion orally at the bar; and any party opposing any such motion

4545

25.  Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986

180175
D. COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS
Appeal – inclusive fee180175
E. ELECTION COURT

1.  Parliamentary election petition

180175

2.  Statement of matters

1515

3.  Any other petition, application, answers or objections submitted to the court

4545

4.  Certificate of judgement

4545
F. LANDS VALUATION APPEAL COURT

1.  Appeal – inclusive fee

180175

2.  Answers – inclusive fee

180175
G. EXTRACTS DEPARTMENT

1.  Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise

5050

2.  Extract of admission as a solicitor

4540

3.  Extract of protestation

4540

4.  Certificate under the Civil Jurisdiction and Judgments Act 1982

4540

5.  Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership:

(a)Extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table

2525

(b)Certificate of divorce in decree pronounced prior to 23rd September 1975

2525

(c)Certified copy interlocutor in decree pronounced prior to 23rd September 1975

2525

6.  Extract from the Register of Acts and Decrees – per sheet or part thereof

2525

7.  Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise

2525

8.  Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970(4)

4540

9.  Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 1938(5)

4540
PART II – FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT
H. OFFICE OF THE ACCOUNTANT OF COURT
I. In Factories

1.  For registering case and receiving and delivering up bond of caution–

(a)in Court of Session appointments

3530

(b)in Sheriff Court appointments

2020

2.  For examining factor’s inventory – 0.333% of the value of the estate as disclosed

(a)minimum fee payable

2520

(b)maximum fee payable

610590

3.  For auditing each account–

(a)basic fee

1510

(b)additional percentage fee on the factor’s commission as fixed (or what would have been the factor’s full commission if chargeable or fully allowed)

17.5%17.5%

4.  For reporting re discharge, special powers or on other special matters

110105

5.  For report on scheme of division

110105

6.  For certificate under seal

2525
II. In Consignations

7.  For lodging consignation

2020

8.  For producing or delivering up consignation–

(a)basic fee

2020

(b)additional fee for every £100 or part thereof uplifted

11

(c)maximum fee payable

6560
III. Liquidations

9.  For uplifting bond of caution

55
PART III – FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION
I. OFFICE OF THE AUDITOR OF THE COURT OF SESSION

1.  Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:

(a)Auditor’s fee on lodging account for taxation

3535

(b)Auditor’s fee for taxing accounts for expenses etc.

(i)up to £400

2020

(ii)for every additional £100 or part thereof

55
Note: fee to be determined by the Auditor of the Court of Session on amount of account as submitted

2.  Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid

240230

3.  Fee for cancellation of diet of taxation–

(a)where written notice of cancellation received by receiving party after 4.00 pm on the fourth working day prior to the diet of taxation

50% of fee that would have been payable under item I1(b) of this Table50% of fee that would have been payable under item I1(b) of this Table

(b)where written notice of cancellation received by receiving party after 4.00 pm on the working day before or the day of the diet of taxation

75% of fee that would have been payable under item I1(b) of this Table75% of fee that would have been payable under item I1(b) of this Table
PART IV – FEES COMMON TO ALL OFFICES
J. MISCELLANEOUS

1.  Certified copy of proceedings for appeal to the House of Lords

180175

2.  Certifying of any other document (plus copying charges if necessary)

1515

3.  Recording, extracting, engrossing or copying– all documents (exclusive of search fee)–

(a)Copying of each document up to 10 pages

55
  • for each page or part thereof (in excess of 10 pages)

0.500.50

(b)Copy of each document copied to CD or in electronic form

55

4.  Searches – for any search of records or archives:

(a)Up to 30 minutes

1515

(b)For more than 30 minutes up to 2 hours

3535

(c)For each additional 30 minutes (in excess of 2 hours)

1010

(d)In addition, correspondence fee where applicable

1010

5.  Captions:

(a)Marking caption when ordered

1010

(b)Warrant for caption when issued

1010
(1)

Column 3 shows the fees which were payable in Schedule 2 to this Order immediately before the coming into force of this Schedule. Where there is no entry in column 3 but an entry in column 2, the matter is new or has been amended such that no direct comparison can be made with the fee formerly payable.

(5)

1938 c. 24; section 9 was amended by the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), section 46, and by the Land Tenure Reform (Scotland) Act 1974 (c. 38), section 13.

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