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

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Paragraph 3(3)(b)

SCHEDULE 4PART IIA – DEFENDED PERSONAL INJURIES ACTIONS PROCEEDING UNDER PART AI OF CHAPTER 36 OF THE ORDINARY CAUSE RULES

1.  Precognitions and reports

£

Taking and drawing, per sheet

78.00

Note:

Where a skilled witness prepares his or her own precognition or report, the solicitor shall be allowed, for perusing it (whether or not in the course of doing so he or she revises or adjusts it), half of the taking and drawing fee per sheet.

2.  Pre-litigation fee

All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings (or such lesser sum as in the opinion of the Auditor is justified)

624.00

3.  Instruction

(a)

To cover all work (except as otherwise specifically provided for in this Part) from commencement to the lodging of defences

780.00
(b)

Instructing re-service by sheriff officers where necessary

78.00
(c)

Specification of documents as per Form PI2

78.00
(d)

Fee to opponent for considering specification of documents

78.00
(e)

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

156.00
(f)

Fee to opponent where a commission arranged

78.00
(g)

Attendance at execution of commission, per quarter hour

39.00
(h)

If optional procedure adopted, a fee per person on whom order is served

39.00
(i)

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

39.00
(j)

Attendance in chambers for remittance of cause to Ordinary Roll, per quarter hour

39.00
(k)

Additional fee where separate counterclaim and answers lodged

273.00

4.  Productions

(a)

For lodging productions, each inventory

78.00
(b)

For considering opponent’s productions, each inventory

39.00

5.  Adjustment

To cover all work (except as otherwise specifically provided for in this Part) in connection with adjustment of the record including making up and lodging certified copy record—

(a)

Solicitor for any party

351.00
(b)

If action settled before expiry of adjustment period, each original party’s solicitor

195.00
(c)

Additional fee to sub-paragraph (a) or (b), to include amendment to the pursuer and existing defender, to be allowed for each pursuer, defender or third party brought in before the record is lodged under the timetable issued under rule 36.G1(1)(b)

156.00
(d)

Additional fee if an additional pursuer, defender or third party is brought in after the record is lodged under the timetable issued under rule 36.G1(1)(b) to the existing pursuer and existing defender or defenders

234.00

6.  Affidavits

Framing affidavits, per sheet

39.00

7.  Valuation of Claim

(a)

Fee to cover preparation of statement of valuation of claim—

(i)

where counsel or solicitor advocate not employed

234.00
(ii)

where valuation of claim prepared by counsel or solicitor advocate

117.00
(b)

Fee to cover consideration of opponent’s valuation of claim

117.00
(c)

Inspection of documents, per quarter hour

39.00

8.  Incidental hearings/variation of timetable order

(a)

Fee to cover preparing for and attendance at hearing not exceeding half an hour

117.00
(b)

Thereafter attendance fee, per additional quarter hour

39.00
(c)

In event of separate advising/opinion and all work incidental thereto

117.00

9.  Reports obtained under order of court excluding Auditor’s Report

(a)

All work incidental thereto

156.00
(b)

Additional fee for perusal of report, per quarter hour

35.00

10.  Specification of documents (if further specification deemed necessary)

(a)

Fee to cover drawing, intimating and lodging specification and relevant motion—

(i)

where motion unopposed

156.00
(ii)

where motion opposed, additional fee per quarter hour

39.00
(b)

Fee to opponent—

(i)

where motion not opposed

78.00
(ii)

where motion opposed, additional fee per quarter hour

39.00
(c)

Fee for arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission

156.00
(d)

Fee to opponent

78.00
(e)

Attendance at execution of commission, per quarter hour

39.00
(f)

If optional procedure adopted, fee per person upon whom order is served

39.00
(g)

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

39.00

11.  Commission to take evidence

(a)

On interrogatories—

(i)

fee to solicitor applying for commission to include drawing, intimating and lodging interrogatories, instructing commissioner and all incidental work (except as otherwise specifically provided for in this Chapter) but excluding attendance at execution of commission

429.00
(ii)

fee to opposing solicitor if cross-interrogatories prepared and lodged

273.00
(b)

Open commission—

(i)

fee to solicitor applying for commission to include all work (except as otherwise specifically provided for in this Chapter) up to and lodging report of commission but excluding attendance at execution of commission

273.00
(ii)

fee to opposing solicitor

156.00
(iii)

fee for attendance at execution of commission, per quarter hour

39.00
(iv)

if counsel or solicitor advocate employed, fee to solicitor appearing with counsel or solicitor advocate, per quarter hour

35.00

12.  Motions and minutes

(a)

Fee to cover drawing, intimating and lodging any written motion or minute, including a reponing note, and relative attendance at court (except as otherwise specifically provided for in this Chapter)—

(i)

where opposed

195.00
(ii)

where unopposed (including for each party a joint minute other than under paragraph 24(b))

78.00
(iii)

attendance at continued motion, per quarter hour

39.00
(b)

Fee to cover considering opponent’s written motion, minute or reponing note and attendance at court—

(i)

where opposed

195.00
(ii)

where unopposed

78.00
(iii)

attendance at continued motion, per quarter hour

39.00

13.  Debate (other than on evidence)

(a)

Where counsel or solicitor advocate not employed—

(i)

to include preparation for all work incidental to any hearing or debate other than on evidence

312.00
(ii)

fee for conduct of hearing or debate other than on evidence, per quarter hour

39.00
(b)

Where counsel or solicitor advocate employed—

(i)

to include preparation for and all work incidental to any hearing or debate other than on evidence

156.00
(ii)

fee to solicitor appearing with counsel or solicitor advocate, per quarter hour

35.00
(c)

Waiting time, per quarter hour

35.00
(d)

Fee for lodging and intimating or for considering first note of arguments

78.00
(e)

For each note lodged thereafter

78.00

14.  Incidental Procedure (not chargeable prior to allowance of proof)

To cover all work, where applicable, in connection with noting diet of proof and—

(a)

preparing note on line of evidence; or

273.00
(b)

instructing counsel or solicitor advocate to prepare a note on line of evidence

195.00

15.  Amendment of Record

(a)

Fee to proposer—

(i)

to cover drawing, intimating and lodging minute of amendment and relevant motion

156.00
(ii)

Fee for perusal of answers

78.00
(iii)

Fee for any court appearance necessary, per quarter hour

39.00
(b)

Fee to opponent—

(i)

for perusal of minute of amendment

117.00
(ii)

Fee for preparation of answers

78.00
(iii)

Fee for any court appearance necessary, per quarter hour

39.00
(c)

Additional fee for adjustment of minute of amendment and answers, where applicable, to be allowed to each party

156.00

16.  Withdrawal of solicitors

(a)

Fee to cover all work in preparation for any diet (or diets) fixed under rule 24.2(1) and attendance at first such diet

156.00
(b)

Fee for attendance at each additional such diet, per quarter hour

39.00

17.  Attendance not otherwise provided for

(a)

Where hearing does not exceed half an hour

78.00
(b)

Where hearing exceeds half an hour, per additional quarter hour

39.00

18.  Hearing limitation fee

Fee to include work (except as otherwise specifically provided for in this Chapter) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute, not exceeding

273.00

19.  Preparation for proof

(a)

Fee to cover all work preparing for proof (except as otherwise specifically provided for in this Chapter)—

(i)

if action settled or abandoned not later than 14 days before diet of proof

468.00
(ii)

in any other case

858.00
(iii)

additional fee chargeable over and above foregoing fees upon the Auditor being satisfied as to additional work undertaken as evidenced by production of a detailed breakdown of the work undertaken

(b)

For each day or part day after the first, including instruction of counsel or solicitor advocate

117.00
(c)

Fee to cover preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, each additional diet

195.00

20.  Pre-proof conference

(a)

Fee arranging pre-proof conference (each occasion)

78.00
(b)

Fee preparing for pre-proof conference—

(i)

where counsel or solicitor advocate not employed

429.00
(ii)

where counsel or solicitor advocate employed

214.50
(c)

Fee for attending pre-proof conference per quarter hour—

(i)

where counsel or solicitor advocate not employed

39.00
(ii)

where counsel or solicitor advocate employed

35.00

Note:

Where pre-proof conference takes place by way of telephone or other remote means, the foregoing charges shall apply.

21.  Joint minute of pre-proof conference

78.00

22.  Conduct of proof

(a)

Conduct of proof, and debate on evidence if taken at close of proof, per quarter hour

39.00
(b)

If counsel or solicitor advocate employed, fee to solicitor appearing with counsel or solicitor advocate, per quarter hour

35.00
(c)

Waiting time, per quarter hour

35.00

23.  Debate on evidence

(a)

Where debate on evidence not taken at conclusion of proof, preparing for debate

156.00
(b)

Fee for conduct of debate, per quarter hour

39.00
(c)

If counsel or solicitor advocate employed, fee to solicitor appearing with counsel or solicitor advocate, per quarter hour

35.00
(d)

Waiting time, per quarter hour

35.00

24.  Settlements

(a)

Settlement by judicial tender—

(i)

fee for preparation and lodging or for consideration of each minute of tender

156.00
(ii)

additional fee on acceptance of tender, to include preparation and lodging or consideration of minute of acceptance of tender and attendance at court when decree granted in terms thereof (not to include drawing, intimating and lodging any written motion)

117.00
(b)

Extra-judicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion)

292.50
(c)

Whether or not fees payable under (a) or (b) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed, not exceeding

292.50

25.  Final procedure

(a)

If case goes to proof, or is settled within 14 days before the diet of proof, fee to cover settling with witnesses and enquiring for cause at avizandum and noting final interlocutor

214.50
(b)

In any other case

97.50

26.  Copying

For the copying of papers by whatever means, if the Auditor determines (either or both) that—

(a)

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

(b)

the papers which required to be copied were unusually numerous having regard to the nature of the case,

such charge, if any, as the Auditor considers reasonable (but a charge based on the time expended by any person shall not be allowed).

Note:

1. Where a determination is required under this paragraph, 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.

27.  Process fee

Fee to cover all consultations between solicitor and client during the progress of the cause and all communications, written or oral, passing between them — 10 per cent on total fees and copyings allowed on taxation.

28.  Instruction of counsel or solicitor advocate

(a)

Fee for instructing counsel or solicitor advocate to revise the pleadings

78.00
(b)

Fee for instructing counsel or solicitor advocate to attend court

195.00
(c)

Fee for attending consultation with counsel or solicitor advocate—

(i)

where total time engaged does not exceed one hour

195.00
(ii)

for each additional quarter hour

39.00

29.  Appeals

(a)

To sheriff principal—

(i)

fee to cover instructions, marking of appeal or noting that appeal marked, noting diet of hearing thereof and preparation for hearing

(aa)

no counsel or solicitor advocate employed

429.00
(bb)

if counsel or solicitor advocate employed, fee to solicitor

234.00
(ii)

fee to cover conduct of hearing, per quarter hour

39.00
(iii)

if counsel or solicitor advocate employed, fee to solicitor appearing with counsel or solicitor advocate, per quarter hour

35.00
(iv)

waiting time, per quarter hour

35.00
(b)

To Court of Session—

  • Fee to cover instructions, marking appeal or noting that appeal marked and instructing Edinburgh correspondents

156.00

30.  Accounts

Fee to cover drawing account of expenses, arranging, intimating and attending diet of taxation and obtaining approval of auditor’s report and where necessary, ordering, procuring and examining extract decree or adjusting account with opponent

195.00

31.  Ordering and procuring extract

39.00

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