Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

Rule 3.3(2)(b)(ii)

SCHEDULE 3 S TABLES OF INCLUSIVE CHARGES FOR WORK UNDERTAKEN BY SOLICITORS IN PROCEEDINGS IN THE SHERIFF APPEAL COURT UNDER THE ACT OF SEDERUNT (SHERIFF APPEAL COURT RULES) 2015

Commencement Information

I1 Sch. 3 in force at 29.4.2019, see rule 1.1(2)

TABLE 1
APPEALS UNDER THE STANDARD APPEAL PROCEDURE OR THE ACCELERATED APPEAL PROCEDURE
	Units
Initiation of appeal
1. All work (except appearances) up to appointment of appeal to standard appeal procedure or accelerated appeal procedure—
(a) charge for appellant	25
(b) charge for respondent	12.5
Cross appeals
2. Preparing and lodging—
(a) grounds of appeal	10
(b) answers to grounds of appeal	10
3. Considering opponent’s grounds of appeal or answers to grounds of appeal	5
Referral of questions about competency of appeal
4. Preparing and lodging reference	10
5. Considering opponent’s reference	5
6. Preparing and lodging note of argument	10
Lodging documents prior to procedural hearing
7. Lodging all necessary documents (except appendix) as required by the timetable	10
8. Preparing or revising appendix, per 50 pages	6.25
Conduct of and attendance at hearings
9. Conducting or attending any hearing, per 6 minutes	1
Note: Paragraph 9 does not apply where any other paragraphs in this Part specifies that it includes initial attendance at court, unless that hearing is continued.
Preparation for appeal hearing
10. Preparing for appeal hearing where counsel not instructed to conduct the hearing	20
Motions and minutes
11. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
12. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
Amendment of pleadings
13. Preparing and lodging motion to amend	10
14. Considering opponent’s motion to amend	7.5
15. Preparing and lodging opposition to motion	5
16. Considering opponent’s opposition to motion	5
Withdrawal of solicitors
17. All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing	10
Expenses
18. Preparing and lodging account of expenses	15
19. Attendance at taxation, per 6 minutes	1
Instruction of counsel
20. Instructing counsel to attend court to conduct a hearing (to include solicitor’s preparation for the hearing)	12.5
21. Arranging and attending consultation with counsel—
(a) where total time engaged does not exceed one hour	12.5
(b) for each additional 6 minutes	1

TABLE 2
APPLICATIONS FOR NEW TRIAL OR TO ENTER JURY VERDICT
	Units
Initiation of application
1. All work (except appearances) up to issue of timetable—
(a) charge for applicant	25
(b) charge for respondent	12.5
Referral of questions about competency of application
2. Preparing and lodging reference	10
3. Considering opponent’s reference	5
4. Preparing and lodging note of argument	10
Lodging documents prior to procedural hearing
5. Lodging all necessary documents (except appendix) as required by the timetable	10
6. Preparing or revising appendix, per 50 pages	6.25
Conduct of and attendance at hearings
7. Conducting or attending any hearing, per 6 minutes	1
Note: Paragraph 7 does not apply where any other paragraph in this Part specifies that it includes initial attendance at court, unless that hearing is continued.
Preparation for hearing required to dispose of application
8. Preparing for hearing required to dispose of application where counsel not instructed to conduct the hearing	20
Motions and minutes
9. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
10. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
Amendment of pleadings
11. Preparing and lodging motion to amend	10
12. Considering opponent’s motion to amend	7.5
13. Preparing and lodging opposition to motion	5
14. Considering opponent’s opposition to motion	5
Withdrawal of solicitors
15. All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing	10
Expenses
16. Preparing and lodging account of expenses	15
17. Attendance at taxation, per 6 minutes	1
Instruction of counsel
18. Instructing counsel to attend court to conduct a hearing (to include solicitor’s preparation for the hearing)	12.5
19. Arranging and attending consultation with counsel
(a) where total time engaged does not exceed one hour	12.5
(b) for each additional 6 minutes	1

TABLE 3
APPEALS FROM SIMPLE PROCEDURE CASES
	Units
Preparation for hearing required to dispose of appeal
1. Preparing for hearing under rule 29.4 of the Sheriff Appeal Court Rules (or rule 16.4 of the Simple Procedure Rules) where counsel not instructed to conduct the hearing	20
Conduct of and attendance at hearings
2. Conducting or attending any hearing, per 6 minutes	1
Note: Paragraph 2 does not apply where any other paragraph in this Part specifies that it includes initial attendance at court, unless that hearing is continued.
Motions and minutes
3. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
4. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
Withdrawal of solicitors
5. All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing	10
Expenses
6. Preparing and lodging account of expenses	15
7. Attendance at taxation, per 6 minutes	1
Instruction of counsel
8. Instructing counsel to attend court to conduct a hearing (to include solicitor’s preparation for the hearing)	12.5
9. Arranging and attending consultation with advocate or solicitor advocate
(a) where total time engaged does not exceed one hour	12.5
(b) for each additional 6 minutes	1