Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

Rule 3.3(2)(b)(i)

SCHEDULE 2 TABLES OF INCLUSIVE CHARGES FOR WORK UNDERTAKEN BY SOLICITORS IN PROCEEDINGS IN THE COURT OF SESSION

TABLE 1
UNDEFENDED ACTIONS
PART 1
UNDEFENDED ACTIONS IN WHICH DECREE IN ABSENCE WAS GRANTED IN ACCORDANCE WITH RULE 19.1 OF THE RULES OF THE COURT OF SESSION 1994
	Units
All work up to and including obtaining extract decree	22.5
PART 2
UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSHIP, OR OF SEPARATION, IN WHICH THE FACTS SET OUT IN SECTION 1(2)(a) OR (b) OF THE DIVORCE (SCOTLAND) ACT 1976 OR IN SECTION 117(3)(a) OF THE CIVIL PARTNERSHIP ACT 2004 WERE RELIED ON AND IN WHICH EVIDENCE WAS GIVEN BY AFFIDAVIT ALONE
	Units
All work up to and including obtaining extract decree	95
Further charge where decree granted in respect of a conclusion relating to an ancillary matter	25
Further charge where the pursuer was represented by a solicitor in Edinburgh and a solicitor outside Edinburgh, and the Auditor is satisfied that it was appropriate for the pursuer to be so represented	22.5
PART 3
UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSHIP, OR OF SEPARATION, IN WHICH THE FACTS SET OUT IN SECTION 1(1)(b), (2)(d) or (2)(e) OF THE DIVORCE (SCOTLAND) ACT 1976 OR IN SECTION 117(2)(b), (3)(c) or (3)(d) OF THE CIVIL PARTNERSHIP ACT 2004 WERE RELIED ON AND IN WHICH EVIDENCE WAS GIVEN BY AFFIDAVIT ALONE
	Units
All work up to and including obtaining extract decree	70
Further charge where decree granted in respect of a conclusion relating to an ancillary matter	25
Further charge where the pursuer was represented by a solicitor in Edinburgh and a solicitor outside Edinburgh, and the Auditor is satisfied that it was appropriate for the pursuer to be so represented	22.5
PART 4
UNDEFENDED ACTIONS SUBJECT TO SECTION 8(1) OF THE CIVIL EVIDENCE (SCOTLAND) ACT 1988 IN WHICH DECREE WAS GRANTED FOLLOWING A PAROLE PROOF
	Units
1. Instruction
All work (apart from precognitions) up to and including the calling of the summons	30
2. Amendment
(a) Where summons amended, re-service is not ordered and motion is not starred	5
(b) Where summons amended, re-service is not ordered and motion is starred	6.25
(c) Where summons amended and re-service is ordered	7.5
3. Incidental procedure
Fixing diet, enrolling action, preparing for proof, citing witnesses etc.	17.5
4. Commission to take evidence on interrogatories
(a) All work (except as otherwise provided for) up to and including lodging of completed interrogatories	7.5
(b) Attendance at execution of commission (if required), per 6 minutes	1
(c) Charge for completed interrogatories, per 250 words	1.25
5. Commission to take evidence on open commission
(a) All work up to and including lodging of report of commission, other than attendance at execution of commission	7.5
(b) Attendance at execution of commission, per 6 minutes	1
6. Other matters
Where applicable, charges under paragraphs 1, 12, 14, 17 and 22 of Table 2 of this schedule
7. Proof and completion
All work (except as otherwise provided for) up to and including obtaining extract decree	22.5
8. Accounts
Framing and lodging account and attending taxation	7.5

TABLE 2
DEFENDED ACTIONS (OTHER THAN THOSE TO WHICH TABLE 3 APPLIES)
		Units
1. Precognitions, affidavits and (where ordered by the court) witness summaries and witness statements
(a) Taking and drawing precognitions, per 250 words		5
(b) Where a skilled person prepares his or her own precognition or report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words		2.5
(c) Preparation and lodging of affidavits and (where ordered by the court) witness summaries and witness statements, per 250 words		5
(d) Perusing opponent’s witness summaries, witness statements and affidavits, per 250 words		2.5
2. Work before commencement of proceedings
All work (except as otherwise provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings		45
3. Instruction
(a) All work (apart from precognitions) from commencement until lodgement of open record		45
(b) Instructing re-service where necessary		5
(c) If counterclaim lodged, further charge to each party		10
4. Record
(a) All work in connection with adjustment and closing of record (including subsequent work in connection with By Order (Adjustment) Roll, except in actions proceeding under Chapter 42A)—
(i)	where cause settled or disposed of before record closed	30
(ii)	otherwise	50
(b) If consultation held before record closed, further charges may be allowed as follows—
(i)	arranging consultation	5
(ii)	attendance at consultation, per 6 minutes	1
(c) Further charge to each existing party for each pursuer, defender or third party brought in before the record is closed (to include necessary amendments)		15
(d) Further charge to each existing party if an additional pursuer, defender or third party is brought in after the record is closed		22.5
(e) Charge to a new pursuer who requires to be brought in as a result of the death of an existing pursuer		15
5. By Order (Adjustment) Roll in actions proceeding under Chapter 42A
(a) Preparing for hearing, including instruction of counsel, and attendance not exceeding half an hour		7.5
(b) Thereafter attendance, per 6 minutes		1
6. Notes of Argument, Statements of Facts or Issues and Notes of Proposals for Further Procedure
(a) Instructing, perusing and lodging first Note of Arguments (either party)		10
(b) Perusing opponent’s Note of Arguments		5
(c) Instructing, perusing and lodging any further Note of Arguments (either party)		5
(d) Instructing, perusing and lodging (each) Statement of Facts or Issues		7.5
(e) Perusing opponent’s Statement of Facts or Issues (each)		5
(f) Instructing, revising and lodging (each) Note of Proposals for Further Procedure		7.5
(g) Perusing opponent’s Note of Proposals for Further Procedure (each)		5
7. Procedure Roll, preliminary, procedural or other hearing
(a) Preparing for hearing including all work, incidental work and instruction of counsel		10
(b) Attendance, per 6 minutes		1
(c) Advising and work incidental to it		7.5
8. Adjustment of issues and counter issues
(a) All work in connection with, and incidental to, the lodging, adjustment and approval of an issue		10
(b) Further charge to pursuer for considering—
(i)	first counter-issue	2.5
(ii)	each additional counter-issue	1.25
(c) Charge to defender or third party for—
(i)	all work in connection with and incidental to the lodging, adjustment and approval of a counter-issue	10
(ii)	considering issue where no counter-issue lodged	2.5
(iii)	considering each additional counter-issue	1.25
9. Incidental Procedure (not chargeable prior to the approval of issue of 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		22.5
10. Amendment of record
(a) Amendment of conclusions only, charge to proposer		7.5
(b) Amendment of conclusions only, charge to opponent		2.5
(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, charge to proposer		10
(d) In same circumstances as set out in sub-paragraph (c), charge to opponent		5
(e) Amendment of pleadings after record closed, where answers are lodged, charge to proposer and each party lodging answers		25
(f) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party		15
11. Lodging productions
(a) Lodging productions, each inventory		5
(b) Considering opponent’s productions, each inventory		2.5
12. Miscellaneous motions and minutes where not otherwise covered by this table
(a) Where attendance of counsel and/or solicitor not required		2.5
(b) Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel, not exceeding half an hour		7.5
(c) Thereafter attendance, per additional 6 minutes		1
(d) Instructing counsel for a minute (other than a minute ordered by the court), revising and lodging as a separate step in process including any necessary action		7.5
(e) Perusing a minute of admission or abandonment		2.5
13. Valuation of claim in actions proceeding under Chapter 42A
(a) Valuation of claim		30
(b) Considering opponent’s valuation of claim		15
14. Specification of documents or property
(a) Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor		10
(b) Charge to opponent		5
(c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparation for commission		10
(d) Charge to opponent		5
(e) Attendance at execution of commission, per 6 minutes		1
(f) If alternative procedure adopted, charge per person on whom order served		3.75
(g) Perusal of documents or inspection of property recovered under a specification (or by informal means) where not otherwise provided for in this Table, per 6 minutes		1
15. 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		20
(b) Charge to opponent—
(i)	if cross-interrogatories lodged	15
(ii)	if no cross-interrogatories lodged	6.25
(c) In addition to above, charge to each party for completed interrogatories or cross-interrogatories, per 250 words		1.25
16. Commission to take evidence on open commissions
(a) Applying for commission up to and including lodging report of commission		22.5
(b) Charge to opponent		10
(c) Further charge for attendance at execution of commission, per 6 minutes		1
17. Reports obtained under order of court excluding Auditor’s report
(a) All work incidental to the report		10
(b) Further charge for perusal of report, per 6 minutes		1
18. Preparation for proof or jury trial
To include fixing consultation on the sufficiency of evidence, 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		65
(b) for each day or part of day after the first, including instruction of counsel		6.25
(c) preparing for adjourned diets and all work incidental to it as in sub-paragraph (a), if adjourned for more than five days		15
(d) if consultation held before proof or jury trial, attendance, per 6 minutes		1
(e) all work in connection with making up and pagination of joint bundle of medical records in actions proceeding under Chapter 42A		10
19. Pre-trial meeting
(a) Arranging pre-trial meeting (each occasion)		5
(b) Preparing for pre-trial meeting		27.5
(c) Preparing for continued pre-trial meeting (each occasion)		10
(d) Attending pre-trial meeting, per 6 minutes		1
(e) Joint Minute of pre-trial meeting		2.5
20. Settlement
(a) Judicial tender or pursuer’s offer—
(i)	lodging or considering first tender or pursuer’s offer	15
(ii)	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	10
(iii)	considering each further tender or pursuer’s offer	10
(iv)	if tender accepted, further charge to each accepting party	10
(v)	if pursuer’s offer accepted, further charge to offering party	10
(b) Extra-judicial settlement – advising on, negotiating and agreeing extra-judicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute		25
(c) The Auditor may allow a charge in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement		40
(d) If consultation held to consider tender, pursuer’s offer, extra-judicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance, per 6 minutes		1
21. Hearing limitation fee
To include all work undertaken with a view to limiting the matters in dispute or limiting the scope of any hearing, and including exchanging documents, precognitions and expert reports, agreeing any fact, statement or document, and preparing and lodging any joint minute		50
22. Proof or jury trial
Attendance, per 6 minutes		1
23. Accounts
(a) Preparation and lodging of judicial account, to include production of vouchers and adjustment of expenses		20
(b) Preparing for taxation, per 6 minutes		1
(c) Attendance at taxation, per 6 minutes		1
24. Ordering and obtaining extract		3.75
25. Final procedure
All work to close of cause so far as not otherwise provided for—
(a) if case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial		20
(b) in any other case		6.25

TABLE 3
DEFENDED PERSONAL INJURIES ACTIONS
		Units
1. Precognitions/Expert Reports
(a) Taking and drawing precognitions, per 250 words		5
(b) Where a skilled person prepares his or her own precognition or report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words		2.5
2. Work before commencement of proceedings
All work (except as otherwise provided for in this Table) 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 regarding settlement		45
3. Instruction
(a) All work (except as otherwise specifically provided for in this Table) from commencement to lodging of defences		45
(b) Further charge in the event of the summons being drafted without the assistance of counsel		15
(c) Specification of documents per Form 43.2-B		7.5
(d) Charge to opponent for considering specification of documents		5
(e) Instructing re-service where necessary		5
(f) If counterclaim lodged, further charge to each party to include Answers		15
(g) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission		10
(h) Charge to opponent where commission arranged		5
(i) Attendance at execution of commission, per 6 minutes		1
(j) If alternative procedure adopted, charge per person on whom order served		3.75
(k) Perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in this Table, per 6 minutes		1
4. Record
(a) All work in connection with adjustment and closing of record—
(i)	where cause settled or disposed of before record closed	30
(ii)	otherwise	50
(b) If consultation held before record closed, further charges may be allowed as follows—
(i)	arranging consultation	5
(ii)	attendance at consultation, per 6 minutes	1
(c) Further charge to each existing party for each pursuer, defender or third party brought in before the record is closed (to include necessary amendments)		15
(d) Further charge to each existing party if an additional pursuer, defender or third party is brought in after the record is closed		22.5
(e) Charge to a new pursuer who requires to be brought in as a result of the death of an existing pursuer		15
5. Notes of arguments
(a) Instructing, perusing and lodging first Note of Arguments, where ordained by the Court (either party)		10
(b) Perusing opponent’s Note of Arguments		5
(c) Instructing, perusing and lodging any further Note of Arguments, where ordained by the Court (either party)		5
6. Adjustment of issues and counter-issues
(a) All work in connection with, and incidental to, the lodging, adjustment and approval of an issue		10
(b) Further charge to pursuer for considering—
(i)	first counter-issue	2.5
(ii)	each additional counter-issue	1.25
(c) Charge to defender or third party for—
(i)	all work in connection with and incidental to the lodging, adjustment and approval of a counter-issue	10
(ii)	considering issue where no counter-issue lodged	2.5
(iii)	considering each additional counter-issue	1.25
7. Incidental procedure (not chargeable prior to the approval of issue of 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		22.5
8. Amendment of record
(a) Amendment of conclusions only, charge to proposer		7.5
(b) Amendment of conclusions only, charge to opponent		2.5
(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, charge to proposer		10
(d) In same circumstances as set out in sub-paragraph (c), charge to opponent		5
(e) Amendment of pleadings after record closed, where answers are lodged, charge to proposer and each party lodging answers		25
(f) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party		15
9. Lodging productions
(a) Lodging productions, each inventory		5
(b) Considering opponent’s productions, each inventory		2.5
10. By Order Roll/variation of timetable order/adjustment on final decree/interim payment of damages
(a) Preparing for hearing, including instruction of counsel, and attendance not exceeding half an hour		7.5
(b) Thereafter attendance, per 6 minutes		1
(c) In the event of a separate Advising/Opinion, all work incidental thereto		7.5
11. Miscellaneous motions and minutes where not otherwise covered by this Table
(a) Where attendance of counsel and/or solicitor not required		2.5
(b) Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel, not exceeding half an hour		7.5
(c) Thereafter attendance, per 6 minutes		1
(d) Instructing counsel for a minute/note on further procedure (if applicable), revising and lodging as a separate step in process including any necessary action		7.5
(e) Perusing a minute of admission or abandonment, a note ordered by the court, or a notice of grounds		2.5
12. Valuation of claim
(a) Statement of valuation of claim		30
(b) Considering opponent’s statement of valuation of claim		15
13. Specification of documents or property (if further specification considered necessary)
(a) Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor		10
(b) Charge to opponent		5
(c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparation for commission		10
(d) Charge to opponent		5
(e) Attendance at execution of commission, per 6 minutes		1
(f) If alternative procedure adopted, charge per person on whom order served		3.75
(g) Perusal of documents or inspection of property recovered under a specification (or by informal means) where not otherwise provided for in this Table, per 6 minutes		1
14. 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		20
(b) Charge to opponent—
(i)	if cross-interrogatories lodged	15
(ii)	if no cross-interrogatories lodged	6.25
(c) In addition to above, charge to each party for completed interrogatories or cross-interrogatories, per 250 words		1.25
15. Commission to take evidence on open commission
(a) Applying for commission up to and including lodging report of commission		22.5
(b) Charge to opponent		10
(c) Further charge for attendance at execution of commission, per 6 minutes		1
16. Reports obtained under order of court excluding Auditor’s report
(a) All work incidental to the report		10
(b) Further charge for perusal of report, per 6 minutes		1
17. Preparation for proof or jury trial
To include fixing consultation on the sufficiency of evidence, 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		65
(b) for each day or part of day after the first, including instruction of counsel		6.25
(c) preparing for adjourned diets and all work incidental to it as in sub-paragraph (a), if adjourned for more than five days		15
(d) if consultation held before proof or jury trial, attendance, per 6 minutes		1
18. Pre-trial meeting
(a) Arranging pre-trial meeting (each occasion)		5
(b) Preparing for pre-trial meeting		27.5
(c) Preparing for continued pre-trial meeting (each occasion)		10
(d) Attending pre-trial meeting, per 6 minutes		1
(e) Joint Minute of pre-trial meeting		2.5
19. Settlement
(a) Judicial tender or pursuer’s offer—
(i)	lodging or considering first tender or pursuer’s offer	15
(ii)	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	10
(iii)	considering each further tender or pursuer’s offer	10
(iv)	if tender accepted, further charge to each accepting party	10
(v)	if pursuer’s offer accepted, further charge to offering party	10
(b) Extra-judicial settlement – advising on, negotiating and agreeing extra-judicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute		25
(c) The Auditor may allow a charge in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement		40
(d) If consultation held to consider tender, pursuer’s offer, extra-judicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance, per 6 minutes		1
20. Hearing limitation fee
For any work undertaken to limit matters in dispute not otherwise provided for – subject to details being provided		20
21. Proof or jury trial
Attendance, per 6 minutes		1
22. Accounts
(a) Preparation and lodging of judicial account, to include production of vouchers and adjustment of expenses		20
(b) Preparing for taxation, per 6 minutes		1
(c) Attendance at taxation, per 6 minutes		1
23. Ordering and obtaining extract		3.75
24. Final procedure
All work to close of cause so far as not otherwise provided for—
(a) if case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial		20
(b) in any other case		6.25

TABLE 4
OUTER HOUSE PETITIONS
	Units
1. Unopposed petition
(a) All work, including precognitions, up to and obtaining extract decree	45
(b) Where the party has been represented by an Edinburgh solicitor and a solicitor outside Edinburgh, the Auditor may, if satisfied that it was appropriate for the party to be so represented, allow a charge of	60
2. Opposed petition
(a) All work (other than precognitions) up to and including lodging petition, obtaining and executing warrant for service	35
(b) Where applicable, charges under paragraphs 1, 2, 4, 6(a) – (e), 7, 9, 10, 11, 12 and 14 – 25 of Table 2 of this schedule
3. Reports in opposed petitions
(a) Each report by the Accountant of Court	5
(b) Any other report, as under paragraph 17 of Table 2 of this schedule
4. Obtaining a bond of caution	5

TABLE 5
INNER HOUSE BUSINESS
	Units
1. Reclaiming motions
(a) Charge to reclaimer for all work (except as otherwise provided for in this Table) up to interlocutor sending cause to Summar Roll	15
(b) Charge to respondent	7.5
(c) Further charge to each party for preparing or reviewing every 50 pages of Appendix	6.25
2. Appeals from inferior courts
(a) Charge to appellant	17.5
(b) Charge to respondent	8.75
(c) Further charge to each party for preparing or reviewing every 50 pages of Appendix	6.25
3. Special cases, Inner House petitions and appeals other than under paragraph 2 of this Table
According to circumstances of the case.
4. Note of objection
(a) Instructing, perusing and lodging note of objection	10
(b) Perusing opponent’s note of objection	5
(c) Where attendance of counsel inclusive of instruction of counsel, not exceeding half an hour	7.5
(d) Thereafter attendance, per 6 minutes	1
5. Grounds of appeal or cross appeal
(a) Instructing, perusing and lodging grounds of appeal or cross appeal	10
(b) Perusing opponent’s note of appeal or cross appeal	5
6. Incidental procedure
All work in connection with noting remittance of cause to Summar Roll and fixing of Summar Roll hearing	10
7. Summar Roll
(a) Preparing for hearing and instructing counsel including instructing and lodging lists of authorities and notes of arguments	15
(b) Attendance, per 6 minutes	1
8. Obtaining a bond of caution	6.25
9. Other matters
Where applicable, charges under Table 2 of this schedule