Act of Sederunt (Fees of Solicitors in the Court of Session and Sheriff Court Amendment) (Pursuers’ Offers) 2017

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

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

(2) In Part II of Chapter II of the Table of Fees (defended ordinary actions, commercial actions and family actions)(2)—

(a) for paragraph 26 (settlements), substitute—

“26.	Settlements
	(a)	Judicial tender or pursuer’s offer—
		(i)	preparing and lodging, or considering first tender or pursuer’s offer	234.00
		(ii)	preparing and lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings	156.00
		(iii)	considering each further tender or pursuer’s offer	156.00
		(iv)	if tender accepted, additional fee to each accepting party to include preparation and lodging of minute of acceptance of tender and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)	117.00
		(v)	if pursuer’s offer accepted, additional fee to offering party to include consideration of minute of acceptance and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)	117.00
	(b)	Extrajudicial 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”;

(b) in paragraph 30(c) (instruction of counsel or solicitor advocate), after “solicitor advocate” insert “, including consultation held to consider tender, pursuer’s offer or extrajudicial settlement, or with a view to settlement”.

(3) In Part IIA of Chapter II of the Table of Fees (defended personal injuries actions proceeding under Part A1 of Chapter 36 of the Ordinary Cause Rules)(3)—

(a) for paragraph 24 (settlements), substitute—

“24.	Settlements
	(a)	Judicial tender or pursuer’s offer—
		(i)	preparing and lodging, or considering first tender or pursuer’s offer	234.00
		(ii)	preparing and lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings	156.00
		(iii)	considering each further tender or pursuer’s offer	156.00
		(iv)	if tender accepted, additional fee to each accepting party to include preparation and lodging of minute of acceptance of tender and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)	117.00
		(v)	if pursuer’s offer accepted, additional fee to offering party to include consideration of minute of acceptance and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)	117.00
	(b)	Extrajudicial 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”;

(b) in paragraph 28(c) (instruction of counsel or solicitor advocate), after “solicitor advocate” insert “, including consultation held to consider tender, pursuer’s offer or extrajudicial settlement, or with a view to settlement”.

(1)

S.I. 1993/3080, last amended by S.S.I. 2016/316.

(2)

Part II was substituted by S.S.I. 2014/14 and amended by S.S.I. 2015/246.

(3)

Part IIA was substituted by S.S.I. 2014/14 and last amended by S.S.I. 2016/316.