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The Court Fees (Miscellaneous Amendments) (Scotland) Order 2016

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Article 2(5)

SCHEDULE 1Court of Session fees payable from 28th November 2016

This schedule has no associated Policy Notes

TABLE OF FEES

Payable from 28th November 2016

Column 1

(Matters)

Column 2

(Fee payable)

£

Column 3

(Fee formerly

Payable)(1)

£

PART I – FEES IN THE CENTRAL OFFICE OF THE COURT
A. SIGNETING
Signeting of any writ or summons if attendance is necessary outwith normal office hours.125125
B. GENERAL DEPARTMENT
1. Appeal, application for leave or permission to appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House (to include signeting in normal office hours).300214
2. Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a cause or proceeding, other than a family action.300214
3. Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to include signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, a duplicate thereof).166166
4. Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table).125125
5. In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76 of those Rules, where such intimation is required.£12 plus messenger at arms fee to serve document£12 plus messenger at arms fee to serve document
6. Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action.166166
7. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed.7171
8. Special case—
for each party;107107
maximum fee payable (per case).435435
9. Application by minute or motion for variation of an order in a family action.3636
10. Answers or opposition to an application under item B9 of this Table.3636
11. Letter of request to a foreign court.5454
12. Citation of each jury, to include outlays incurred in citing and countermanding - payable on receipt of instruments for issue of precept.298298
13. Reclaiming motion - payable by party enrolling motion.214214
14. Closed record – payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined.200107
15. Allowing proof, etc. - payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed.5959

16. Court hearing (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof.

Note: This fee does not apply to the first 30 minutes of the hearing of a motion.

20096

17. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof.

Note: This fee does not apply to the first 30 minutes of the hearing on the single bills.

500239
18. Court hearing (out of hours) before a single judge – payable by each party for every 30 minutes or part thereof.240115
19. Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof.600287
20. Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between the parties.50% of fee that would have been payable under this Table had the court hearing taken place as planned50% of fee that would have been payable under this Table had the court hearing taken place as planned
21. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion.10054
C. PETITION DEPARTMENT
1. Petition of whatever nature presented to the Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982.300214
2. Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours.125125
3. Petition to be admitted as a notary public—
for each applicant161161
4. Petition to be admitted as a solicitor—
for each applicant161161
5. Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies.300214
6. Caveat.4848
7. No fee.--
8. Registering official copies of orders of courts in England and Wales or Northern Ireland.1818
9. Reclaiming motion – payable by party enrolling motion.214214
10. Closed record – payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined.200107
11. Allowing proof, etc. – payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed.5959

12. Court hearing (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof.

Note: This fee does not apply to the first 30 minutes of the hearing of a motion.

20096

13. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof.

Note: This fee does not apply to the first 30 minutes of the hearing on the single bills.

500239
14. Court hearing (out of hours) before a single judge – payable by each party for every 30 minutes or part thereof.240115
15. Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof.600287
16. Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties.50% of fee that would have been payable under this Table had the court hearing taken place as planned50% of fee that would have been payable under this Table had the court hearing taken place as planned
17. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion.10054
18. Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986.300214
D. COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS
Appeal – inclusive fee.300214
E. ELECTION COURT
1. Parliamentary election petition.300214
2. Statement of matters.1818
3. Any other petition, application, answers or objections submitted to the court.5454
4. Certificate of judgment.5454
F. LANDS VALUATION APPEAL COURT
1. Appeal - inclusive fee.300214
2. Answers - inclusive fee.214214
G. EXTRACTS DEPARTMENT
1. Extract decree following upon a summons, petition or appeal, or after protestation of a note, whether in absence or otherwise.5959
2. Extract of admission as a solicitor.5454
3. Extract of protestation.5454
4. Certificate under the Civil Jurisdiction and Judgments Act 1982.5454
5. Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership including—3030
(a)

extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table;

(b)

certificate of divorce in decree pronounced prior to 23rd September 1975;

(c)

certified copy interlocutor in decree pronounced prior to 23rd September 1975.

6. Extract from the Register of Acts and Decrees – per sheet or part thereof.3030
7. Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise.3030
8. Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970.5454
PART II – FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT
H. OFFICE OF THE ACCOUNTANT OF COURT
I. In Factories
1. Registering case and receiving and delivering up bond of caution.2222
2. Examining factor’s inventory – 0.333% of the value of the estate as disclosed
(a)

minimum fee payable;

3030
(b)

maximum fee payable.

721721
3. Auditing each account, based on estate value—
(a)

£0 - £30,000;

112112
(b)

£30,001 - £50,000;

225225
(c)

£50,001 - £250,000;

562562
(d)

£250,001 - £500,000;

845845
(e)

£500,001 and above.

1,1261,126
4. Reporting with regard to discharge, special powers, other special matters, surplus estate or scheme of division.5656
5. For certificate under seal.1717
II. In Consignations
6. Lodging consignation.3232
7. Producing or delivering up consignation, based on consignation value—
(a)

consignation value £0 - £50 and less than 7 years since lodged;

No chargeNo charge
(b)

consignation value over £50 and less than 7 years since lodged;

3232
(c)

consignation value £0 - £70 and over 7 years since lodged;

No chargeNo charge
(d)

consignation value over £70 and over 7 years since lodged.

5353
PART III – FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION
I. OFFICE OF THE AUDITOR OF THE COURT OF SESSION
1. Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation—
(a)

on lodging account for taxation;

4343
(b)

taxing accounts for expenses etc.—

(i)

up to £400;

2020
(ii)

for every additional £100 or part thereof.

55
Note: fee to be determined by the Auditor of the Court of Session on amount of account as submitted.
2. Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid.287287
3. Fee for cancellation of diet of taxation—
(a)

where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of the diet of taxation;

50% of fee that would be payable under item I1(b) of this Table50% of fee that would be payable under item I1(b) of this Table
(b)

where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.

75% of fee that would be payable under item I1(b) of this Table75% of fee that would be payable under item I1(b) of this Table
PART IV – FEES COMMON TO ALL OFFICES
J. MISCELLANEOUS
1. Certified copy of proceedings for appeal to the Supreme Court.214214
2. Certifying of any other document (plus copying charges if necessary).1818
3. Recording, engrossing, extracting, printing or copying of all documents (exclusive of search fee)—
(a)

by photocopying or otherwise producing a printed or typed copy—

(i)

up to 10 pages;

66
(ii)

each page or part thereof in excess of 10 pages;

0.500.50
(b)

for a copy of each document in electronic form.

66
4. Any search of records or archives, per 30 minutes or part thereof.1212
In addition, correspondence fee where applicable.1212
5. Captions—
(a)

marking caption when ordered;

1212
(b)

warrant for caption when issued.

1212
6. Change of party name where more than 10 cases are registered – per case.22
(1)

Column 3 shows the fees which were payable by virtue of schedule 2 of S.S.I. 2015/261 immediately before the coming into force of this schedule.

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