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Act of Sederunt (Rules of the Court of Session 1994 and Fees of Solicitors in the Sheriff Court Amendment) (Courts Reform (Scotland) Act 2014) 2015

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Scottish Statutory Instruments

2015 No. 246

Court Of Session

Sheriff Court

Act of Sederunt (Rules of the Court of Session 1994 and Fees of Solicitors in the Sheriff Court Amendment) (Courts Reform (Scotland) Act 2014) 2015

Made

4th June 2015

Laid before Parliament

8th June 2015

Coming into force

22nd September 2015

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 105(1) and 106(1) of the Courts Reform (Scotland) Act 2014(2) and all other powers enabling it to do so.

Citation and commencement, etc.

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Fees of Solicitors in the Sheriff Court Amendment) (Courts Reform (Scotland) Act 2014) 2015.

(2) It comes into force on 22nd September 2015.

(3) A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session 1994

2.—(1) The Table of Fees in rule 42.16(3) of the Rules of the Court of Session 1994(3) is amended in accordance with this paragraph.

(2) In paragraph 2(c) (opposed petition) of Part IV (Outer House petitions) of Chapter III(4), for “6(a) to (c)” substitute “6(a) to (e)”.

Amendment of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993

3.—(1) The Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993(5) is amended in accordance with this paragraph.

(2) In Part II (defended ordinary actions etc.) of Chapter II of the Table of Fees in Schedule 1—

(a)after paragraph 7 (affidavits), insert—

7A.  Valuation of claim in actions proceeding under Chapter 36A

£
(a)Fee to cover preparation of statement of valuation of claim—
(i)where counsel or solicitor advocate not employed234.00
(ii)where valuation of claim prepared by counsel or solicitor advocate117.00
(b)Fee to cover consideration of opponent’s valuation of claim117.00
(c)Inspection of documents, per quarter hour39.00

(b)after paragraph 10 (case management conference – commercial action), insert—

10A.  Procedural Hearing in actions proceeding under Chapter 36A

£
To include preparation for and conduct of Procedural Hearing—
(a)where Procedural Hearing does not exceed half an hour273.00
(b)where Procedural Hearing exceeds half an hour, per additional quarter hour39.00

10B.  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 it156.00
(b)If one counter-issue, additional fee to pursuer39.00
(c)Where more than one counter-issue, an additional fee to pursuer for each additional counter-issue19.50
(d)All work in connection with and incidental to the lodging of a counter-issue and adjustment and approval of it156.00
(e)Fee to defender or third party for considering issue where no counter-issue lodged39.00
(f)Fee to defender or third party for considering each additional counter-issue19.50

(c)in paragraph 22 (preparation for proof)—

(i)in subparagraph (a), after “preparing for proof” insert “or jury trial”;

(ii)in head (i) of subparagraph (a), after “diet of proof” insert “or jury trial”;

(iii)the heading becomes “Preparation for proof or jury trial”;

(d)after paragraph 22, insert—

22A.  Pre-trial meeting in actions proceeding under Chapter 36A

£
(a)Fee arranging pre-trial meeting (each occasion)78.00
(b)Fee preparing for pre-trial meeting—
(i)where counsel or solicitor advocate not employed429.00
(ii)where counsel or solicitor advocate employed214.50
(c)Fee for attending pre-trial meeting per quarter hour—
(i)where counsel or solicitor advocate not employed39.00
(ii)where counsel or solicitor advocate employed35.00
(d)Joint minute of pre-trial meeting78.00
Note:where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply.

(e)in paragraph 23 (conduct of proof)—

(i)in paragraph (a) after “proof” both places it occurs, insert “or jury trial”;

(ii)the heading becomes “Conduct of proof or jury trial”;

(f)in paragraph 24(a) (debate on evidence), after “conclusion of proof” insert “or jury trial”.

(3) In Part IIA (defended personal injuries actions etc.) of Chapter II of the Table of Fees in Schedule 1—

(a)in paragraph 3(j) (instruction), for “remittance of cause to Ordinary Roll” substitute “appointment of cause to Chapter 36A”;

(b)after paragraph 5 (adjustment), insert—

5A.  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 it156.00
(b)If one counter-issue, additional fee to pursuer39.00

(c)in paragraph 14 (incidental procedure)—

(i)after “diet of proof” insert “or jury trial”;

(ii)the heading becomes “Incidental Procedure (not chargeable prior to allowance of proof or jury trial)”;

(d)in paragraph 19 (preparation for proof)—

(i)in subparagraph (a), after “preparing for proof” insert “or jury trial”;

(ii)in head (i) of subparagraph (a), after “diet of proof” insert “or jury trial”;

(iii)the heading becomes “Preparation for proof or jury trial”;

(e)in paragraph 20 (pre-proof conference)—

(i)in each place where it occurs, for “pre-proof conference” substitute “pre-trial meeting”;

(ii)for the note to paragraph 20, substitute “Note: where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply.”;

(iii)the heading becomes “Pre-trial meeting”;

(f)in paragraph 21, the heading becomes “Joint minute of pre-trial meeting”;

(g)in paragraph 22 (conduct of proof)—

(i)in paragraph (a) after “proof” in both places it occurs, insert “or jury trial”;

(ii)the heading becomes “Conduct of proof or jury trial”;

(h)in paragraph 23(a) (debate on evidence), after “conclusion of proof” insert “or jury trial”;

(i)in paragraph 25(a) (final procedure), after “proof” in both places it occurs, insert “or jury trial”.

(4) In paragraph 4(a) (adjustment fee) of Part IIIB (defended actions: personal injury claims commenced on or after 1st March 2014) of Chapter IV (summary causes) of the Table of Fees in Schedule 1, for “statement of valuation of claim” in both places it occurs substitute “statement of claim”.

Saving

4.  Paragraphs 2 and 3 do not affect fees chargeable for work done, or outlays incurred, before 22nd September 2015.

C J M Sutherland

Lord Justice Clerk

I.P.D.

Edinburgh

4th June 2015

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends Chapter 42 (taxation of accounts and fees of solicitors) of the Rules of the Court of Session 1994 and the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993.

Paragraph 2 amends the Table of Fees in rule 42.16(3) of the Rules of the Court of Session 1994 in consequence of the substitution of Chapter 58 (judicial review) by the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (No. 3) (Courts Reform (Scotland) Act 2014) 2015. It modifies the fees chargeable under paragraph 2(c) (opposed petitions) of Part IV (Outer House petitions) of Chapter III of the Table because the new Chapter 58 makes provision for the lodging of statements of issues.

Paragraph 3 amends the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 in consequence of the amendments to Chapter 36 (actions of damages) and the insertion of new Chapter 36A (case management of certain personal injuries actions) by the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015.

In particular, paragraph 3 inserts new fees into Part II (defended ordinary actions etc.) of Chapter II of the Table of Fees for statements of valuation of claim, Procedural Hearings and issues and counter-issues in actions proceeding under new Chapter 36A. A new fee for issues and counter-issues is also inserted into Part IIA (defended personal injuries actions etc.). In both Part II and IIA, references to pre-trial meetings are substituted for references to pre-proof conferences, and provision is inserted in respect of jury trials.

Paragraph 3(4) corrects a typographical error in paragraph 4(a) (adjustment fee) of Part IIIB (defended actions: personal injury claims commenced on or after 1st March 2014) of Chapter IV (summary causes).

This Act of Sederunt does not apply as respects fees chargeable for work done, or outlays incurred, before it comes into force.

(1)

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3).

(3)

The Rules of the Court of Session 1994 are in Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443, last amended by S.S.I. 2015/228). The Table of Fees in rule 42.16(3) was last amended by S.S.I. 2014/15.

(4)

Part IV of Chapter III of the Table of Fees was substituted by S.S.I. 2014/15.

(5)

S.I. 1993/3080, last amended by S.S.I. 2014/14.

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