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The Court of Session etc. Fees Amendment Order 2012

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Article 6(b)

SCHEDULE 2TABLE OF FEES

This schedule has no associated Policy Notes

Fees payable from 1st April 2013

Column 1

(Matters)

Column 2

(Fee payable)

£

Column 3

(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 normal office hours115111
B. GENERAL DEPARTMENT
1. Appeal, application for leave to 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 (to include signeting in normal office hours)197191
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 action197191
3. Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to include 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 extract)153148
4. Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)115111
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 requiredMessenger at arms fee to serve document plus £11Messenger at arms fee to serve document plus £11
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 action153148
7. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed6664
8. Special case—
for each party9895
maximum fee payable per case399387
9. Application by minute or motion for variation of an order in a family action3332
10. Answers or opposition to an application under item B9 of this Table3332
11. Letter of request to a foreign court4948
12. Citation of each jury, to include outlays incurred in citing and countermanding - payable on receipt of instruments for issue of precept273265
13. Reclaiming motion - payable by party enrolling motion197191
14. Closed record – payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined9895
15. Allowing proof, etc. - payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed5553
16. Court hearing (other than motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof8785
17. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof218212
18. Court hearing (other than motion roll or single bill) (out of hours) before a single judge – payable by each party for every 30 minutes or part thereof105102
19. Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof262254
20. Cancellation of court hearing before 3 or more judges, party or parties, within 28 days of court hearing date – fee payable is shared equally between parties50% of fee that would have been payable under this Table had the court hearing taken place as planned50% of fee that would have been payable under this Table had the court hearing taken place as planned
21. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion4948
C. PETITION DEPARTMENT
1. Petition of whatever nature presented to the 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)197191
2. Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours115111
3. Petition to be admitted as a notary public—
for each applicant147143
4. Petition to be admitted as a solicitor—
for each applicant147143
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 applies197191
6. Caveat4545
7. Fiat4948
8. Registering official copies of orders of courts in England and Wales or Northern Ireland1616
9. Reclaiming motion – payable by party enrolling motion197191
10. Closed record – payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined9895
11. Allowing proof, etc. – payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed5553
12. Court hearing (other than motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof8785
13. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof218212
14. Court hearing (out of hours) before a single judge – payable by each party for every 30 minutes of part thereof105102
15. Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof262254
16. Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties50% of fee that would have been payable under this Table had the court hearing taken place as planned50% of fee that would have been payable under this Table had the court hearing taken place as planned
17. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion4948
18. Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986(3)197191
D. COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS
Appeal – inclusive fee197191
E. ELECTION COURT
1. Parliamentary election petition197191
2. Statement of matters1616
3. Any other petition, application, answers or objections submitted to the court4948
4. Certificate of judgement4948
F. LANDS VALUATION APPEAL COURT
1. Appeal - inclusive fee197191
2. Answers - inclusive fee197191
G. EXTRACTS DEPARTMENT
1. Extract decree following upon a summons, petition or appeal, or after protestation of a note, whether in absence or otherwise5553
2. Extract of admission as a solicitor4948
3. Extract of protestation4948
4. Certificate under the Civil Jurisdiction and Judgments Act 19824948
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

2727
(b)

certificate of divorce in decree pronounced prior to 23rd September 1975

2727
(c)

certified copy interlocutor in decree pronounced prior to 23rd September 1975

2727
6. Extract from the Register of Acts and Decrees – per sheet or part thereof2727
7. Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise2727
8. Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970(4)4948
PART II – FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT
H. OFFICE OF THE ACCOUNTANT OF COURT
I. In Factories
1. Registering case and receiving and delivering up bond of caution2120
2. Examining factor’s inventory – 0.333% of the value of the estate as disclosed
(a)

minimum fee payable

2726
(b)

maximum fee payable

660641
3. Auditing each account, based on estate value
(a)

£0 - £30,000

103100
(b)

£30,001 - £50,000

206200
(c)

£50,001 - £250,000

515500
(d)

£250,001 - £500,000

773750
(e)

£500,001 and over

1,0301,000
4. Reporting with regard to discharge, special powers, other special matters, surplus estate or scheme of division5250
5. Certificate under seal1515
II. In Consignations
6. Lodging consignation3030
7. Producing or delivering up consignation, based on consignation value—
(a)

consignation value £0 - £50 and less than 7 years since lodged

No chargeNo charge
(b)

consignation value over £51 and less than 7 years since lodged

3030
(c)

consignation value £0 - £70 and over 7 years since lodged

No chargeNo charge
(d)

consignation value over £71 and over 7 years since lodged

5050
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)

Lodging account for taxation

3837
(b)

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 paid262254

3. 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 Supreme Court197191
2. Certifying of any other document (plus copying charges if necessary)1616
3. Recording, extracting, engrossing or copying- all documents (exclusive of search fee)—
(a)

copying of each document, up to 10 pages

55
(b)

copying of each further page or part thereof

0.500.50
(c)

copying of each document in electronic form

55
4. Any search of records or archives—
(a)

up to 30 minutes

1616
(b)

more than 30 minutes up to 2 hours

3837
(c)

each additional 30 minutes in excess of 2 hours

1111
(d)

in addition, correspondence fee where applicable

1111
5. Captions—
(a)

marking caption when ordered

1111
(b)

warrant for caption when issued

1111
6. Change of party name where more than 10 cases are registered – per case22
(1)

Column 3 shows the fees which were payable by virtue of Schedule 1 to this Order immediately before the coming into force of this Schedule.

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