Search Legislation

Act of Sederunt (Fees of Solicitors and Shorthand Writers in the Court of Session, Sheriff Appeal Court and Sheriff Court Amendment) 2016

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

CHAPTER VSIMPLE PROCEDURE

PART 1 – ADMITTED CLAIMS

Column 1Column 2
Work doneFee (£)
1. Inclusive fee
All work, including taking instructions, preparing Claim Form, first formal service and applying for a decision.213.00
2. Formal service
(a)Instructing formal service of a party, after first formal service of a party, within the United Kingdom, Isle of Man, Channel Islands or Republic of Ireland.17.75
(b)Instructing any formal service, after first formal service of a party, elsewhere.35.50

PART 2 – DISPUTED CLAIMS

Column 1Column 2
Work doneFee (£)
1. Before the simple procedure case begins

All work before the simple procedure case begins, including discussions and correspondence with the other party, exchanges of documentation, etc.

(or such lesser sum as is in the opinion of the sheriff clerk justified)

213.00
2. Making and responding to a claim
(a)Taking instructions, preparing the Claim Form and considering the Response Form.213.00
(b)Taking instructions, considering the Claim Form and preparing a Response Form.213.00
(c)Where additional respondents are brought in, work incurred by an original party.142.00
3. Formal service
(a)Instructing formal service by post of a party within the United Kingdom, Isle of Man, Channel Islands or Republic of Ireland.17.75
(b)Instructing formal service elsewhere.35.50
(c)Instructing formal service of a party by sheriff officer, including considering a confirmation of service and paying the sheriff officer.17.75
(d)Instructing service by advertisement.17.75
4. Attendance at a discussion in court or a case management discussion
(a)Preparing for and attendance at a case management discussion (up to the first half hour).213.00
(b)Where a case management discussion exceeds half an hour, or for any part of a continued case management discussion, for each quarter hour.35.50
(c)Any other attendance ordered by the sheriff (except as otherwise provided for), for each quarter hour.35.50
(d)Waiting, for each quarter hour.32.00
5. Precognitions and reports
(a)Taking and drawing precognitions, for each sheet.71.00
(b)Perusing a precognition or report prepared by a skilled witness (whether the solicitor is also revising it or not), for each sheet.35.50
(c)All work relating to a report ordered to be obtained by the sheriff.142.00
(d)Perusing a report ordered to be obtained by the sheriff, for each quarter hour.32.00
(e)Framing an affidavit ordered by the court, for each sheet.35.50
6. Applications
(a)Preparing any application (except as otherwise provided for), including sending it to the court and the other party.71.00
(b)Considering and returning any application (except as otherwise provided for), including sending it to the court and the other party.71.00
(c)Where the sheriff orders a discussion in court to consider the application, preparing for that discussion in court.35.50
7. Limiting the scope of the hearing

All work done (except as otherwise provided for) with a view to limiting the scope of the hearing, including agreeing evidence, exchanging documents, precognitions and reports, and agreeing facts and statements not in dispute.

(or such lesser sum as is in the opinion of the sheriff clerk justified)

142.00
8. Preparing for the hearing
(a)Preparing for the hearing (except as otherwise provided for), where the claim is settled not later than 7 days before the hearing.390.50
(b)Preparing for the hearing (except as otherwise provided for), in any other case.461.50
(c)Preparing for the hearing continued to another day, where that continuation is for more than 6 days.142.00
(d)Inspecting the other party’s documents, for each quarter hour.35.50
9. The hearing
(a)Conducting the hearing, for each quarter hour.35.50
(b)Waiting, for each quarter hour.32.00
10. Settlement
(a)Negotiating a settlement, including preparing an Incidental Orders Application to give effect to that settlement and any attendance at court required.248.50
(b)

Additional work done with a view to a settlement, including offering a settlement, whether or not a settlement is agreed.

(or such lesser sum as is in the opinion of the sheriff clerk justified)

248.50
(c)Preparing and lodging, or considering a tender.142.00
(d)Accepting a tender, including any attendance at court required.106.50
11. Appeals
(a)Taking instructions, preparing the Appeal Form, considering the draft Appeal Report, preparing any notes and sending them to the sheriff.319.50
(b)Taking instructions, considering the Appeal Form, considering the draft Appeal Report, preparing any notes and sending them to the sheriff.319.50
(c)Conducting the appeal hearing, for each quarter hour.35.50
12. The decision and expenses
(a)Settling with witnesses and noting the Decision Form159.75
(b)

Preparing an account of expenses, considering notice of expenses as assessed, attending an expenses hearing and all connected work.

(or such lesser sum as is in the opinion of the sheriff clerk justified)

142.00
(c)Considering the other party’s account of expenses and attending an expenses hearing, for each quarter hour.35.50

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources