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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.

Paragraph 3(2)(b)

SCHEDULE 2PART II – UNDEFENDED ACTIONS OF DIVORCE AND OF SEPARATION AND ALIMENT (AFFIDAVIT PROCEDURE)

Table A
Column 1Column 2
Work DoneInclusive fee
£
1.All work to and including the period of notice702.00
2.All work from the period of notice to and including swearing affidavits507.00
3.All work from swearing affidavits to and including sending extract decree156.00
4.All work to and including sending extract decree1,365.00
Add process fee of10%
Table B
Column 1Column 2
Work DoneInclusive fee
£
1.All work to and including the period of notice585.00
2.All work from the period of notice to and including swearing affidavits273.00
3.All work from swearing affidavits to and including sending extract decree156.00
4.All work to and including sending extract decree1,014.00
Add process fee of10%
Table C
Column 1Column 2
Work DoneInclusive fee
£
1.All work to and including the period of notice273.00
2.All work from the period of notice to and including swearing affidavits156.00
3.All work under items 1 and 2429.00
Add process fee of10%

Paragraph 3(3)(a)

SCHEDULE 3PART II – DEFENDED ORDINARY ACTIONS (OTHER THAN PERSONAL INJURIES ACTIONS TO WHICH PART IIA APPLIES), COMMERCIAL ACTIONS AND FAMILY ACTIONS COMMENCED AFTER 1ST JANUARY 1994

1.  Work before action commences – Ordinary Action and Family Action

£

To cover 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

2.  Work before action commences – Commercial Action

To cover all work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings in a commercial action or such other sum as in the opinion of the Auditor is justified

702.00

3.  Instruction

(a)

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

780.00
(b)

Additional fee where separate statement of facts and counterclaim and answers lodged

273.00

4.  Precognitions and reports

  • Taking and drawing precognitions, 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.

5.  Productions

(a)

For lodging productions, each inventory

78.00
(b)

For considering opponent’s productions, each inventory

39.00

6.  Adjustment

To cover all work (except as otherwise specifically provided for in this Part) in connection with the 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)

If additional defender brought in before Options Hearing, additional fee to each original party’s solicitor

156.00
(d)

If additional defender brought in after Options Hearing, additional fee to each original party’s solicitor

234.00

7.  Affidavits

To framing affidavits, per sheet

39.00

8.  Options Hearing or Child Welfare Hearing

To include preparation for and conduct of (each of) an Options Hearing or a Child Welfare Hearing and noting interlocutor—

(a)

where initial hearing does not exceed half an hour

273.00
(b)

where initial hearing exceeds half an hour, per additional quarter hour

39.00
(c)

where hearing continued, for each continued hearing that does not exceed half an hour

156.00
(d)

where continued hearing exceeds half an hour, per additional quarter hour

39.00
(e)

for lodging and intimating or for considering note of the basis of preliminary plea, for each note lodged

78.00

9.  Additional Procedure

For all work subsequent to Options Hearing including preparation for and attendance at procedural hearing—

(a)

where initial hearing does not exceed half an hour

273.00
(b)

where initial hearing exceeds half an hour, per additional quarter hour

39.00

10.  Case Management Conference – Commercial Action

(a)

To include preparation for and all work incidental thereto prior to the first case management conference

234.00
(b)

To include preparation and all work incidental thereto prior to each subsequent conference;

117.00
(c)

For every quarter hour engaged at conference

39.00
(d)

Waiting time, per quarter hour

35.00

Note:

Where case management conference takes place by way of telephone or other remote means the foregoing charges shall apply.

11.  Note of Arguments – Commercial Action

(a)

Fee for lodging and intimating or for considering first Note of Arguments

195.00
(b)

For each Note lodged thereafter

78.00

12.  Debate (other than on evidence)

(a)

Where counsel or solicitor advocate not employed—

(i)

to include preparation for and all work in connection with any hearing or debate other than on evidence

312.00
(ii)

for every quarter hour engaged

39.00
(b)

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

35.00
(c)

Waiting time, per quarter hour

35.00

13.  Interim Interdict Hearings and other Interim Hearings

(a)

Preparation for each hearing, each party

156.00
(b)

Fee to conduct hearing, per quarter hour

39.00
(c)

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

35.00
(d)

Waiting time, per quarter hour

35.00

14.  Reports obtained under order of court

(a)

Fee for all work incidental thereto

156.00
(b)

Additional fee for perusal of report, per quarter hour

35.00

15.  Commissions to take evidence

(a)

On interrogatories—

(i)

fee to solicitor applying for commission to include drawing, intimating and lodging motion, drawing and lodging interrogatories, instructing commissioner and all incidental work (except as otherwise specially 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
(iii)

if no cross-interrogatories lodged

78.00
(b)

Open commissions—

(i)

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

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 for attendance of solicitor, per quarter hour

35.00

16.  Specification of documents

(a)

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

(i)

where motion unopposed

156.00
(ii)

where motion opposed, additional fee per quarter hour

39.00
(b)

Fee to opposing solicitor—

(i)

where motion not opposed

78.00
(ii)

where motion opposed, additional fee per quarter hour

39.00
(c)

Fee for citation of havers, preparation for and attendance before commissioner at execution of commission—

(i)

where attendance before commissioner does not exceed one hour

156.00
(ii)

for each additional quarter hour after the first hour

39.00
(d)

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

39.00
(e)

Fee for perusal of documents recovered, per quarter hour

39.00

17.  Amendment of Record

(a)

Fee to proposer—

(i)

to cover drawing, intimating and lodging minute of amendment and relative 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 perusing 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 and answers, where applicable, to be allowed to each party

156.00

18.  Motions and minutes

(a)

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

(i)

where opposed

195.00
(ii)

where unopposed (including for each party a joint minute other than under paragraph 26(b))

78.00
(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

19.  Withdrawal of solicitors

(a)

Fee to cover all work in preparation for any diet (or any 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

20.  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

21.  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

702.00

22.  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 not later than 14 days before the diet of proof

468.00
(ii)

in any other case

780.00
(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, for each additional diet

195.00

23.  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

24.  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

25.  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

26.  Settlements

(a)

Judicial tender—

(i)

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

156.00
(ii)

fee on acceptance of tender, to include preparation and lodging or consideration of minute of acceptance and attendance at court when decree granted in terms thereof

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 are 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, a fee not exceeding

292.50
(d)

If consultation held to consider tender, extrajudicial settlement (not based on judicial tender) or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour

39.00

27.  Final procedure

(a)

Fee to cover settling with witnesses, enquiring for cause at avizandum and noting final interlocutor

214.50
(b)

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

28.  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 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.

29.  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.

30.  Instruction of counsel or solicitor advocate

(a)

Fee for instructing counsel or solicitor advocate to revise 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

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

Paragraph 3(4)

SCHEDULE 5CHAPTER III

CHARGES FOR TIME, DRAWING OF PAPERS, CORRESPONDENCE ETC

£

1.  Attendance at court

Conduct of trial, proof or formal debate or hearing, per quarter hour

39.00

2.  Time occupied in the performance of all other work

To include attendances with clients and others and attendances at court in all circumstances, except as otherwise specially provided—

(a)

solicitor, per quarter hour

39.00
(b)

allowance for time of clerk, one-half of above

3.  Drawing papers

Drawing all necessary papers (other than affidavits), per sheet

19.50

Note:

The sheets throughout this Chapter are to consist of 250 words or numbers.

4.  Framing affidavits, per sheet

39.00

5.  Revising papers where revisal ordered, for each five sheets

9.75

6.  Copying

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

(a)

the copying has 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 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.

7.  Certifying or signing a document

9.75

8.  Perusing any document, per quarter hour

39.00

9.  Lodging in process

Each necessary lodging in or uplifting from process; also for each necessary enquiry for documents due to be lodged

9.75

10.  Borrowing process

Each necessary borrowing of process to include return of same

9.75

11.  Extracts

Ordering, procuring and examining extracts, interim or otherwise

39.00

12.  Correspondence, intimation, etc.

(a)

Formal letters and intimation

4.88
(b)

Letters other than above — per page of 125 words

19.50
(c)

Telephone calls except under (d)

9.75
(d)

Telephone calls (lengthy) to be treated as attendances or long letters

13.  Citations

Each citation of party or witness including execution thereof

19.50

14.  Instructions to officers

(a)

Instructing officer to serve, execute or intimate various kinds of writs or diligence including the examination of executions

9.75
(b)

For each party after the first on whom service or intimation is simultaneously made

9.75
(c)

Agency accepting service of any writ

19.50
(d)

Reporting diligence

19.50

15.  Personal diligence

(a)

Recording execution of charge

19.50
(b)

Procuring fiat

19.50
(c)

Instructing apprehension

19.50
(d)

Framing state of debt and attendance at settlement

19.50

16.  Sales

(a)

Obtaining warrant to sell

19.50
(b)

Instructing auctioneer or officer to conduct sale

19.50
(c)

Perusing report of sale

19.50
(d)

Reporting sale under poindings or sequestrations or any other judicial sales

19.50
(e)

Noting approval of roup roll

19.50
(f)

Obtaining warrant to pay

19.50

Paragraph 3(5)(a)

SCHEDULE 6PART I – UNDEFENDED ACTIONS

£

1.  Inclusive fee

To include taking instructions, framing summons and statement of claim, obtaining warrant for service, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree

213.00

2.  Service

(a)

Citation by post wheresoever after the first citation, for each party

17.75
(b)

Framing and instructing service by advertisement, for each party

35.50

3.  Attendance at court

35.50

Paragraph 3(5)(b)

SCHEDULE 7PART III – DEFENDED ACTIONS (COMMENCED ON OR AFTER 10th JUNE 2002)

£

1.  Work before action commences

To cover all work of a pre-litigation basis, to include discussions/correspondence with opposing party, exchange of documentation, etc. (not exceeding 1 hour)

142.00

2.  Instruction

(a)

To include taking instructions, framing summons and statement of claim, statement of valuation, obtaining warrant for service, enquiring for and consideration of Response Form (1½ hours)

213.00
(b)

Where counterclaim and answers lodged, additional fee (1½ hours)

213.00
(c)

If additional defender/third party brought in, additional fee to each original party’s solicitor (1 hour)

142.00

3.  Service

(a)

Citation by post for each party—

(i)

within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland

17.75
(ii)

elsewhere

35.50
(b)

Instructing service or re-service by sheriff officer including perusing execution of citation and settling sheriff officer’s fee, for each party

17.75
(c)

Framing and instructing service by advertisement, for each party

53.25

4.  Attendance at first calling

(a)

To include necessary preparation for and conduct of (each of) such hearings and noting interlocutor (1½ hours)

213.00
(b)

Where waiting/hearing exceeds half an hour, per additional quarter hour

35.50

5.  Attendance at court

Attendance at any hearing except as otherwise specially provided, per half hour

35.50

6.  Precognitions

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.

7.  Reports obtained under order of court

(a)

All work incidental to report

142.00
(b)

Additional fee for perusal of report, per quarter hour

32.00

8.  Productions

(a)

For lodging productions, each inventory

71.00
(b)

For considering opponent’s productions, each inventory

35.50

9.  Affidavits

To framing affidavits (where ordered), per sheet

35.50

10.  Incidental applications and minutes

(a)

Fee to cover drawing, intimating and lodging of any written incidental applications or minute, excluding a minute to recall decree, and initial attendance at court (except as otherwise provided in this Chapter)

(i)

where opposed

142.00
(ii)

where unopposed — including for each party a joint minute or joint incidental application (other than under paragraph 15(b))

71.00
(iii)

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

35.50
(b)

Fee to cover considering opponent’s written incidental application or minute, excluding minute to recall decree, and relative attendance at court—

(i)

where opposed

142.00
(ii)

where unopposed

71.00
(iii)

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

35.50

11.  Hearing limitation fee

Fee to include work done (except as otherwise specially provided in this Chapter) undertaken with a view to limiting the scope of any hearing, and including the agreement of evidence generally including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparation and lodging of witness list, preparing Schedule of Damages and preparing and lodging joint minute (not exceeding 1 hour)

142.00

12.  Procedure preliminary to proof

(a)

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

(i)

if action settled or abandoned not later than 7 days before the diet of proof

390.50
(ii)

in any other case

461.50
(b)

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

142.00
(c)

Fee for attendance inspecting opponent’s documents, per quarter hour

35.50

13.  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)

Waiting time, per quarter hour

32.00

14.  Debate on evidence

(a)

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

106.50
(b)

Fee for conduct of debate, per quarter hour

35.50
(c)

Waiting time, per quarter hour

32.00

15.  Settlements

(a)

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 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 are 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

248.50

16.  Specification of documents

(a)

Fee to cover drawing, intimating and lodging specification and relative 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 unopposed

71.00
(ii)

where incidental application opposed, additional fee per quarter hour

35.50
(c)

Fee for citation of havers, preparation for and attendance before commissioner at execution of commission—

(i)

where attendance before commissioner does not exceed one hour

142.00
(ii)

for each additional quarter hour after the first hour

35.50
(d)

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

35.50
(e)

Fee for perusal of documents recovered, per quarter hour

35.50

17.  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

213.00
(b)

Fee to opponent

106.50
(c)

Fee for attendance at execution of commission, per quarter hour

35.50

18.  Appeals

(a)

Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof, perusing Stated Case, framing questions in law and adjustment thereof, including preparation for hearing

319.50
(b)

Fee to cover conduct of hearing on adjustments, per quarter hour

35.50
(c)

Conduct of appeal, per quarter hour

35.50

19.  Final procedure

(a)

Fee to cover settling with witnesses and noting final interlocutor

159.75
(b)

Fee to cover drawing 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

142.00
(c)

Fee to cover considering opponent’s account of expenses, objections and attendance at hearing on expenses, per quarter hour

35.50

Paragraph 3(5)(c)

SCHEDULE 8PART IIIA – DEFENDED ACTIONS: PERSONAL INJURY CLAIMS ONLY (COMMENCED ON OR AFTER 10TH JUNE 2002)

£

1.  Work before action commences

To cover all work of a pre-litigation basis, to include discussions/correspondence with opposing party, exchange of documentation, etc. (not exceeding 3 hours)

426.00

2.  Instruction

(a)

To include taking instructions, framing summons and statement of claim, statement of valuation, obtaining warrant for service, enquiring for and consideration of Response Form (not exceeding 3⅛ hours)

443.75
(b)

Where counterclaim and answers lodged, additional fee (not exceeding 1½ hours)

213.00
(c)

If additional defender/third party brought in, additional fee to each original party’s solicitor (not exceeding 1½ hours)

213.00

3.  Service

(a)

Citation by post for each party—

(i)

within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland

17.75
(ii)

elsewhere

35.50
(b)

Instructing service or re-service by sheriff officer including perusing execution of citation and settling sheriff officer’s fee, for each party

17.75
(c)

Framing and instructing service by advertisement, for each party

53.25

4.  Attendance at first calling

(a)

To include necessary preparation for and conduct of (each of) such hearings and noting interlocutor (2 hours)

284.00
(b)

Where waiting/hearing exceeds half an hour, for every extra quarter hour

35.50

5.  Attendance at court

Attendance at any hearing except, as otherwise specially provided, per half hour

71.00

6.  Precognitions

Taking and drawing, 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.

7.  Reports obtained under order of court

(a)

All work incidental to it

142.00
(b)

Additional fee for perusal of report, per quarter hour

32.00

8.  Productions

(a)

For lodging productions, each inventory

71.00
(b)

For considering opponent’s productions, each inventory

35.50

9.  Affidavits

To framing affidavits (where ordered), per sheet

35.50

10.  Incidental applications and minutes

(a)

Fee to cover drawing, intimating and lodging of any written incidental applications or minute, excluding a minute to recall decree, and initial attendance at court (except as otherwise provided 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 15(b))

71.00
(iii)

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

35.50
(b)

Fee to cover considering opponent’s written incidental application or minute, excluding minute to recall decree, 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

11.  Procedure preliminary to proof

(a)

Fee to cover all work preparing proof — as follows – exchanging of witness list, documents list, skilled witnesses, reports, consideration of defender’s schedule of damages, citation of witnesses, general preparation for proof (except as otherwise specifically provided for in this Chapter) (not exceeding 3 hours)—

(i)

if action settled or abandoned not later than 7 days before the diet of proof

585.75
(ii)

in any other case

781.00
(b)

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

177.50

12.  Hearing limitation fee

Fee to include work done (except as otherwise specially provided in this Chapter) undertaken with a view to limiting the scope of any hearing and including the agreement of evidence generally, including the agreement of photographs, sketch plans, documents, precognitions and expert reports, agreeing any fact, statement or documents, agreeing Schedule of Damages and preparing and lodging joint minute of admissions (not exceeding 4 hours)

585.75

13.  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)

Waiting time, per quarter hour

32.00

14.  Debate on evidence

(a)

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

142.00
(b)

Fee for conduct of debate, per quarter hour

35.50
(c)

Waiting time, per quarter hour

32.00

15.  Settlements

(a)

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 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 are 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

248.50

16.  Specification of documents

(a)

Fee to cover drawing, intimating and lodging specification and relative 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 unopposed

142.00
(ii)

where incidental application opposed, additional fee per quarter hour

35.50
(c)

Fee for citation of havers, preparation for and attendance before commissioner at execution of commission—

(i)

where attendance before commissioner does not exceed one hour

142.00
(ii)

for each additional quarter hour after the first hour

35.50
(d)

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

35.50
(e)

Fee for perusal of documents recovered, per quarter hour

35.50

17.  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

248.00
(b)

Fee to opponent

142.00
(c)

Fee for attendance at execution of commission, per quarter hour

35.50

18.  Appeals

(a)

Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof, perusing Stated Case, framing questions in law and adjustment thereof, including preparation for hearing

390.50
(b)

If Counsel [or solicitor advocate] employed

213.00
(c)

Fee to cover conduct of hearing on adjustments, per quarter hour

35.50
(d)

Conduct of appeal, per quarter hour

35.50

19.  Final procedure

(a)

Fee to cover settling with witnesses and noting final interlocutor

213.00
(b)

Fee to cover drawing 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

177.50
(c)

Fee to cover considering opponent’s account of expenses, objections and attendance at hearing on expenses, per quarter hour

35.50

20.  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

Note:

Excludes Adjustment, Debate, Amendment, Interrogatories, Process Fee.

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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