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

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Paragraph 3(5)(d)

SCHEDULE 9PART IIIB – DEFENDED ACTIONS: PERSONAL INJURY CLAIMS COMMENCED ON OR AFTER 1ST MARCH 2014

£

1.  Precognition and reports

Taking and drawing precognitions, per sheet

71.00

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.  Work before action commences

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).

426.00

3.  Instruction fee

(a)

To cover all work (except as otherwise specifically provided for in this Chapter) from commencement to the lodging of the form of response, including effecting service of summons by post

284.00
(b)

Fee for consideration of each additional form of response lodged

71.00
(c)

Specification of documents as per Form 10e

71.00
(d)

Fee to opponent for considering specification of documents

71.00
(e)

Instructing service or re-service by way of sheriff officer including perusing execution of citation and settling sheriff officers’ charges

71.00
(f)

If counterclaim lodged, additional fee to each party to include answers

213.00
(g)

Arranging commission for recovery of documents including citing havers, instructing commissioner and shorthand writer and preparation for commission

106.50
(h)

Fee to opponent where a commission arranged

71.00
(i)

Attendance at execution of commission, per quarter hour

35.50
(j)

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

35.50
(k)

Fee for perusal of documents recovered, per quarter hour

35.50

4.  Adjustment fee

(a)

All work (except as otherwise specifically provided for in this Chapter) in connection with adjustment of statement of valuation of claim and/or response thereto including preparing and lodging certified adjusted statement of valuation of claim or response

266.25
(b)

All work as above, so far as applicable, where cause settled or disposed of before expiry of adjustment period

159.75

5.  Introduction of additional parties

Fee (to include necessary amendments) to the pursuer and existing defender to be allowed for each pursuer, defender or third party brought in

213.00

6.  Valuation of claim

(a)

Fee for preparation and lodging of statement of valuation of claim

213.00
(b)

Fee for consideration of opponent’s statement of valuation of claim

106.50
(c)

Fee for inspection of documents, per quarter hour

35.50

7.  Productions

(a)

Fee for lodging productions, each inventory

71.00
(b)

Fee for consideration of opponent’s productions, each inventory

35.50

8.  Affidavits

Framing affidavits, per sheet

35.50

9.  Incidental applications and minutes

(a)

Fee to cover drawing, intimating and lodging any written incidental application and minute including a minute for recall of decree, and relative attendance at court (except as otherwise provided for in this Chapter)—

(i)

where opposed

177.50
(ii)

where unopposed – including for each party a joint minute or joint incidental application (other than under paragraph 19(b))

71.00
(iii)

where incidental application exceeds half an hour, additional fee per quarter hour

35.50
(iv)

attendance at continued incidental application, per quarter hour

35.50
(b)

Fee for consideration of opponent’s written incidental application or minute and relative attendance at court—

(i)

where opposed

177.50
(ii)

where unopposed

71.00
(iii)

where incidental application exceeds half an hour, additional fee per quarter hour

35.50
(iv)

attendance at continued incidental application, per quarter hour

35.50

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

(a)

All work incidental to report

142.00
(b)

Additional fee for perusal of report, per quarter hour

32.00

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

(a)

Fee to cover drawing, intimating and lodging specification of documents and relevant incidental application—

(i)

where incidental application unopposed

142.00
(ii)

where incidental application opposed, additional fee per quarter hour

35.50
(b)

Fee to opponent—

(i)

where incidental application not opposed

71.00
(ii)

where incidental application opposed, additional fee per quarter hour

35.50
(c)

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

142.00
(d)

Fee to opponent

71.00
(e)

Attendance at execution of commission, per quarter hour

35.50
(f)

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

35.50
(g)

Fee for perusal of documents recovered under a specification of documents (or by informal means) not otherwise provided for in this Chapter, per quarter hour

35.50

12.  Commissions to take evidence – open commissions

(a)

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

248.50
(b)

Fee to opponent

142.00
(c)

Fee for attendance at execution of commission, per quarter hour

35.50

13.  Hearing limitation fee

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

248.50

14.  Preparation for proof

(a)

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

(i)

if action settled or abandoned within 7 days of diet of proof

781.00
(ii)

in any other case

568.00
(b)

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

177.50

15.  Pre-proof conference

(a)

Fee for arranging pre-proof conference (each occasion)

71.00
(b)

Fee preparing for pre-proof conference—

(i)

where counsel or solicitor advocate not employed

390.50
(ii)

where counsel or solicitor advocate employed

195.25
(c)

Fee for attending pre-proof conference, per quarter hour—

(i)

where counsel or solicitor advocate not employed

35.50
(ii)

where counsel or solicitor advocate employed

32.00
(d)

Joint minute of pre-proof conference

71.00

Note:

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

16.  Conduct of proof

(a)

Fee to cover conduct of proof or trial, and debate on evidence taken at close of proof, per quarter hour

35.50
(b)

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

32.00
(c)

Waiting time, per quarter hour

32.00

17.  Debate on evidence

(a)

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

142.00
(b)

Fee for conduct of debate, per quarter hour

35.50
(c)

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

32.00
(d)

Waiting time, per quarter hour

32.00

18.  Attendance at court

Attendance at any hearing except as otherwise specially provided

71.00

19.  Settlements

(a)

Settlement by judicial tender—

(i)

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

142.00
(ii)

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

106.50
(b)

Extra-judicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto

248.50
(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 not agreed, not exceeding

248.50

20.  Final procedure

(a)

If case proceeds 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

195.25
(b)

In any other case

88.75

21.  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 the 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.

22.  Appeals

(a)

Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof, perusing Stated Case and all work re adjustment thereof, including preparation for hearing

390.50
(b)

Conduct of appeal, per quarter hour

35.50
(c)

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

32.00
(d)

Waiting time, per quarter hour

32.00

23.  Instruction of counsel or solicitor advocate

(a)

Fee for instructing counsel or solicitor advocate to attend court

177.50
(b)

Fee for attending consultation with counsel or solicitor advocate—

(i)

Where total time engaged does not exceed one hour

177.50
(ii)

Fee for each additional quarter hour

35.50

24.  Accounts of Expenses

Preparation of judicial account of expenses to include production of vouchers and adjustment thereof

177.50

25.  Ordering and procuring extract

35.50

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