Paragraph 3(3)(b)(vi)
1. Precognitions/Expert Reports/Factual Reports | £ |
Taking and drawing precognitions, per sheet | 78.00 |
Note: | |
Where a skilled person 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 particularly to include communications between parties in relation to areas of medical/quantum/discussion re settlement (or such other sum as in the opinion of the Auditor is justified) | 702.00 |
3. Lodging productions | |
(a) For lodging productions, each inventory | 78.00 |
(b) For considering opponent’s productions, each inventory | 39.00 |
4. Instruction | |
(a) To cover all work (except as otherwise specially provided for in this Part) from commencement to lodging of defences | 702.00 |
(b) Specification of documents per Form 43.2-B | 117.00 |
(c) Fee to opponent for considering specification of documents | 78.00 |
(d) In the event of the summons being drafted without the assistance of counsel or other person having a right of audience such further fee will be allowed as the Auditor considers appropriate, up to | 234.00 |
(e) Instructing re-service where necessary | 78.00 |
(f) If counterclaim lodged, additional fee for each party to include Answers | 234.00 |
(g) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission | 156.00 |
(h) Fee to opponent where commission arranged | 78.00 |
(i) Attendance at execution of commission, per quarter hour | 39.00 |
(j) If alternative procedure adopted, a fee per person on whom order served | 58.50 |
(k) 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 |
5. Record | |
(a) All work in connection with adjustment and closing of record | 780.00 |
(b) All work as above, so far as applicable, where cause settled or disposed of before record closed | 468.00 |
(c) If consultation held before record closed, additional fees may be allowed as follows— | |
(i) arranging consultation | 78.00 |
(ii) attendance at consultation, per quarter hour | 39.00 |
(d) Additional fee to subparagraph (a) or (b), to include necessary amendments, to be allowed to every existing party for each pursuer, defender or third party brought in before the record is closed | 234.00 |
(e) Additional fee to every existing party if an additional pursuer, defender or third party is brought in after the record is closed | 351.00 |
(f) Fee allowable to a new pursuer who requires to be brought in as a result of the death of an existing pursuer | 234.00 |
6. Notes of arguments | |
(a) Instructing, perusing and lodging first Note of Arguments, where ordained by the Court (either party) | 156.00 |
(b) Perusing opponent’s Note of Arguments | 78.00 |
(c) Instructing, perusing and lodging any further Note of Arguments, where ordained by the Court (either party) | 78.00 |
7. Valuation of claim | |
(a) Fee to cover note on quantum/valuation of claim | 468.00 |
(b) Opponent’s fee for inspection of valuation of claim | 234.00 |
(c) Inspection of documents, per quarter hour | 39.00 |
8. Adjustment of issues and counter-issues | |
(a) All work in connection with and incidental to the lodging of an issue, and adjustment and approval of it | 156.00 |
(b) If one counter-issue, additional fee to pursuer | 39.00 |
9. By Order Roll/variation of timetable order/adjustment on final decree/interim payment of damages | |
(a) Fee to cover preparing and instruction of counsel or other person having a right of audience to include attendance not exceeding half an hour | 117.00 |
(b) Thereafter attendance fee, per additional quarter hour | 39.00 |
(c) In the event of a separate Advising/Opinion and all work incidental thereto | 117.00 |
10. Reports obtained under order of court excluding Auditor’s Report | |
(a) All work incidental to it | 156.00 |
(b) Additional fee for perusal of report, per quarter hour (or such other sum as in the opinion of the Auditor is justified) | 35.00 |
11. Incidental procedure (not chargeable prior to the approval of issue or allowance of proof) | |
Fixing diet, obtaining note on the line of evidence etc., borrowing and returning process, and all other work prior to the consultation on the sufficiency of evidence | 351.00 |
12. Specification of documents (if further specification considered necessary) | |
(a) Instructing counsel or other person having a right of audience, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor | 156.00 |
(b) Fee to opponent | 78.00 |
(c) 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 alternative procedure adopted, a fee per person on whom order served | 58.50 |
(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 |
13. Commission to take evidence on interrogatories | |
(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories | 312.00 |
(b) Fee to opponent if cross-interrogatories lodged | 234.00 |
(c) Fee to opponent if no cross-interrogatories lodged | 97.50 |
(d) In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies | 19.50 |
14. Commission to take evidence on open commission | |
(a) Applying for commission up to and including lodging report of commission, but excluding subparagraph (c) | 351.00 |
(b) Fee to opponent | 156.00 |
(c) Fee for attendance at execution of commission, per quarter hour | 39.00 |
15. Miscellaneous motions and minutes where not otherwise covered by this Part | |
(a) Where attendance of counsel or other person having a right of audience and/or solicitor not required | 39.00 |
(b) Where attendance of counsel or other person having a right of audience and/or solicitor required inclusive of instruction of counsel or other person having a right of audience, not exceeding half an hour | 117.00 |
(c) Thereafter attendance fee, per quarter hour | 39.00 |
(d) Instructing counsel or other person having a right of audience for a minute/note on further procedure (if applicable), revising and lodging as a separate step in process including any necessary action | 117.00 |
(e) Perusing a minute of admission or abandonment, a note ordered by the court, or a notice of grounds | 39.00 |
16. Amendment of record | |
(a) Amendment of conclusions only, fee to proposer | 117.00 |
(b) Amendment of conclusions only, fee to opponent | 39.00 |
(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer | 156.00 |
(d) In same circumstances, fee to opponent | 78.00 |
(e) Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers | 390.00 |
(f) Additional fee for adjustment of minute and answers, where applicable, to be allowed to each party | 234.00 |
17. Copying | |
(a) Where a copy is required to be lodged, or sent, in pursuance of rules 4.7 or 43.6(4), such charge as the Auditor may from time to time determine (and the Auditor may make different provision for different classes of case); and | |
(b) In any other case, if the Auditor determines (either or both) that— | |
(i) the copying had to be done in circumstances which were in some way exceptional; | |
(ii) the papers which required to be copied were unusually numerous having regard to the nature of the cause, | |
| |
Notes: | |
1. Where a determination is required under subparagraph (b), 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. | |
18. Preparation for proof or jury trial | |
To include fixing consultation on the sufficiency of evidence, fee-funding precept, citing witnesses, all work checking and writing up process and preparing for proof or jury trial— | |
(a) if action settled before proof or jury trial, or lasts only one day, to include where applicable, instruction of counsel or other person having a right of audience | 1,014.00 |
(b) for each day or part of day after the first, including instruction of counsel or other person having a right of audience | 97.50 |
(c) preparing for adjourned diets and all work incidental to it as in subparagraph (a), if adjourned for more than five days | 234.00 |
(d) if consultation held before proof or jury trial, attendance at it, per quarter hour | 39.00 |
19. Pre-trial meeting | |
(a) Fee arranging pre-trial meeting (each occasion) | 78.00 |
(b) Fee preparing for pre-trial meeting | 429.00 |
(c) Fee for preparing for continued pre-trial meeting (each occasion) | 156.00 |
(d) Fee attending pre-trial meeting, per quarter hour | 39.00 |
(e) Joint Minute of pre-trial meeting | 39.00 |
20. Hearing limitation fee | |
For any work undertaken to limit matters in dispute not otherwise provided for — subject to details being provided | 312.00 |
21. Settlement | |
(a) Judicial tender— | |
(i) lodging or considering first tender | 234.00 |
(ii) lodging or considering each further tender | 156.00 |
(iii) if tender accepted, an additional fee to each accepting party | 156.00 |
(b) Extrajudicial settlement — advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender) to include preparation and lodging of joint minute | 390.00 |
(c) The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement | 624.00 |
(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 |
22. Proof or jury trial | |
Attendance fee, per quarter hour | 39.00 |
23. Accounts | |
(a) Preparation of judicial account, to include production of vouchers and adjustment of expenses | 312.00 |
(b) Perusal of points of objections, per quarter hour | 39.00 |
(c) Attendance at taxation, per quarter hour | 39.00 |
24. Ordering and obtaining extract | 58.50 |
25. Final procedure | |
(a) If case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial, to include all work to close of cause so far as not otherwise provided for | 312.00 |
(b) In any other case | 97.50 |