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Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

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This is the original version (as it was originally made).

Rule 3.3(2)(b)(ii)

SCHEDULE 3TABLES 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

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 appellant25
(b) charge for respondent12.5
Cross appeals
2. Preparing and lodging—
(a) grounds of appeal10
(b) answers to grounds of appeal10
3. Considering opponent’s grounds of appeal or answers to grounds of appeal5
Referral of questions about competency of appeal
4. Preparing and lodging reference10
5. Considering opponent’s reference5
6. Preparing and lodging note of argument10
Lodging documents prior to procedural hearing
7. Lodging all necessary documents (except appendix) as required by the timetable10
8. Preparing or revising appendix, per 50 pages6.25
Conduct of and attendance at hearings
9. Conducting or attending any hearing, per 6 minutes1
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 hearing20
Motions and minutes
11. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed12.5
(b) where unopposed5
12. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed12.5
(b) where unopposed5
Amendment of pleadings
13. Preparing and lodging motion to amend10
14. Considering opponent’s motion to amend7.5
15. Preparing and lodging opposition to motion5
16. Considering opponent’s opposition to motion5
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 hearing10
Expenses
18. Preparing and lodging account of expenses15
19. Attendance at taxation, per 6 minutes1
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 hour12.5
(b) for each additional 6 minutes1
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 applicant25
(b) charge for respondent12.5
Referral of questions about competency of application
2. Preparing and lodging reference10
3. Considering opponent’s reference5
4. Preparing and lodging note of argument10
Lodging documents prior to procedural hearing
5. Lodging all necessary documents (except appendix) as required by the timetable10
6. Preparing or revising appendix, per 50 pages6.25
Conduct of and attendance at hearings
7. Conducting or attending any hearing, per 6 minutes1
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 hearing20
Motions and minutes
9. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed12.5
(b) where unopposed5
10. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed12.5
(b) where unopposed5
Amendment of pleadings
11. Preparing and lodging motion to amend10
12. Considering opponent’s motion to amend7.5
13. Preparing and lodging opposition to motion5
14. Considering opponent’s opposition to motion5
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 hearing10
Expenses
16. Preparing and lodging account of expenses15
17. Attendance at taxation, per 6 minutes1
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 hour12.5
(b) for each additional 6 minutes1
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 hearing20
Conduct of and attendance at hearings
2. Conducting or attending any hearing, per 6 minutes1
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 opposed12.5
(b) where unopposed5
4. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed12.5
(b) where unopposed5
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 hearing10
Expenses
6. Preparing and lodging account of expenses15
7. Attendance at taxation, per 6 minutes1
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 hour12.5
(b) for each additional 6 minutes1

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