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Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2014

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Paragraph 3(2)(a)

SCHEDULE 1PART I – UNDEFENDED ACTIONS (OTHER THAN ACTIONS OF DIVORCE OR SEPARATION AND ALIMENT (AFFIDAVIT PROCEDURE))

1.  Actions (other than those specified in Part II of this Chapter) in which decree is granted without proof

£
(a)

Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree

273.00
(b)

In cases where settlement is effected after service of a writ but before the expiry of the induciae

234.00
(c)

In cases where a court appearance is necessary because of a time to pay direction an additional fee of

58.50

Note:

1. If the pursuer’s solicitor elects to charge this inclusive fee he or she shall endorse a minute to that effect on the initial writ before ordering extract of decree.

2. Outlays such as court fees shall be chargeable in addition and taxation shall be unnecessary.

2.  Actions of separation and aliment, adherence and aliment and custody and aliment where proof (other than by way of affidavit evidence) takes place

Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree

1,014.00

Note:

1. If the pursuer’s solicitor elects to charge this inclusive fee he or she shall endorse a minute to that effect on the initial writ after the close of the proof and before extract of decree is ordered.

2. When the option is so exercised, decree for expenses shall be granted against the defender for the said sum together with the court fee, any shorthand writer’s fee actually charged as provided by Act of Sederunt and also any other necessary outlays without the necessity for taxation.

3.  Petition for appointment of discharge of a curator bonis

Inclusive fee to cover all work enquiring into estate and taking instructions up to and including obtaining extract decree

936.00

Note:

1. If the solicitor elects to charge the inclusive fee and to recover only the normal outlays as set out in note 2, he or she shall endorse on the petition before ordering extract of the decree a minute setting out the said fee and the outlays. Taxation of charges so specified shall be unnecessary.

2. The normal outlays referred to in note 1 are—

  • reasonable fees for medical reports;

  • court dues for deliverance;

  • sheriff officers’ fees for service;

  • advertising costs incurred;

  • value added tax chargeable on solicitors’ fees.

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