Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

Rule 3.3(2)(b)(iii)

SCHEDULE 4 TABLES OF INCLUSIVE CHARGES FOR WORK UNDERTAKEN BY SOLICITORS IN ORDINARY CAUSES IN THE SHERIFF COURT

TABLE 1
UNDEFENDED ACTIONS
PART 1
UNDEFENDED ACTIONS IN WHICH DECREE WAS GRANTED IN ACCORDANCE WITH RULE 7.2 OR 7.3 OF THE ORDINARY CAUSE RULES 1993
	Units
1. All work up to and including obtaining extract decree—
(a) where settlement is effected after service of a writ but before the expiry of the period of notice	15
(b) otherwise	17.5
Further charge where a court appearance is necessary because of an application for a time to pay direction	3.75
PART 2
UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSIP, 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	96.25
Further charge where decree granted in respect of a crave relating to an ancillary matter	25
PART 3
UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSIP, 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	71.5
Further charge where decree granted in respect of a crave relating to an ancillary matter	25
PART 4
UNDEFENDED ACTIONS SUBJECT TO SECTION 8(1) OF THE CIVIL EVIDENCE (SCOTLAND) ACT 1988 IN WHICH DECREEE WAS GRANTED FOLLOWING A PAROLE PROOF
	Units
All work up to and including obtaining extract decree	71.5

TABLE 2
DEFENDED ORDINARY ACTIONS (OTHER THAN THOSE TO WHICH TABLE 3 APPLIES)
		Units
1. Precognitions, reports and affidavits
(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) All work in connection with preparation and lodging of affidavits, per 250 words		2.5
2. Work before commencement of proceedings – other than Commercial Actions
All work (except as otherwise specifically provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings		40
3. Work before commencement of proceedings – Commercial Actions
All work (except as otherwise specifically provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings in a commercial action		45
4. Instruction
(a) All work (except as otherwise specifically provided for) from commencement to the lodging of defences		55
(b) Instructing re-service by sheriff officers where necessary		1.25
(c) Further charge where counterclaim lodged		17.5
5. Case Management Conference – Commercial Action
(a) Preparation for first case management conference		15
(b) Preparation for each subsequent conference		7.5
(c) Time engaged at conference, per 6 minutes		1
(d) Waiting time, per 6 minutes		1
Note:
Where case management conference takes place by way of telephone or other remote means the foregoing charges will apply.
6. Adjustment
(a) All work (except as otherwise specifically provided for) in connection with the adjustment of the record including making up and lodging certified copy record—
(i)	where cause settled or disposed of before expiry of adjustment period	12.5
(ii)	otherwise	30
(b) Further charge to each existing party for each pursuer, defender or third party brought in before the Options Hearing		10
(c) Further charge to each existing party for each pursuer, defender or third party brought in after the Options Hearing		15
7. Note of arguments – Commercial Actions
(a) Lodging and intimating, or considering first Note of Arguments		12.5
(b) Each Note lodged thereafter		5
8. Options Hearing or Child Welfare Hearing
Preparation for and conduct of each Options Hearing or Child Welfare Hearing, to include noting interlocutor—
(a) where initial hearing does not exceed half an hour		20
(b) thereafter, per 6 minutes		1
(c) where hearing continued, for each continued hearing that does not exceed half an hour		10
(d) thereafter, per 6 minutes		1
(e) lodging and intimating or considering note of basis of preliminary plea, for each note lodged		5
9. Additional Procedure
All work subsequent to Options Hearing including preparation for and attendance at procedural hearing—
(a) where initial hearing does not exceed half an hour		20
(b) thereafter, per 6 minutes		1
10. Procedural Hearing in actions proceeding under Chapter 36A
Preparation for and conduct of Procedural Hearing—
(a) where hearing does not exceed half an hour		20
(b) thereafter, per 6 minutes		1
11. Debate (other than on evidence)
(a) Where counsel not employed—
(i)	preparation for, and all work in connection with, any hearing or debate other than on evidence	20
(ii)	conduct of debate, per 6 minutes	1
(b) Where counsel employed, appearance with counsel, per 6 minutes		1
(c) Waiting time, per 6 minutes		1
12. 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
13. Incidental Procedure (not chargeable prior to allowance of proof or jury trial)
All work in connection with noting diet of proof or jury trial and—
(a) preparing note on line of evidence; or		22.5
(b) instructing counsel to prepare a note on line of evidence		12.5
14. Amendment of Record
(a) Charge to proposer—
(i)	drawing, intimating and lodging minute of amendment and relative motion	10
(ii)	perusal of answers	5
(iii)	any court appearance necessary, per 6 minutes	1
(b) Charge to opponent—
(i)	perusing minute of amendment	7.5
(ii)	preparation of answers	5
(iii)	any court appearance necessary, per 6 minutes	1
(c) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party		10
15. Productions
(a) Lodging productions, each inventory		5
(b) Considering opponent’s productions, each inventory		2.5
16. Motions and minutes
(a) Drawing, intimating and lodging any written motion or minute, including a reponing note, and initial attendance at court (except as otherwise specifically provided for)—
(i)	where opposed	12.5
(ii)	where unopposed (including for each party a joint minute other than under paragraph 26(b))	5
(b) Considering opponent’s written motion, minute or reponing note, and attendance at court—
(i)	where opposed	12.5
(ii)	where unopposed	5
17. Interim Interdict Hearings and other Interim Hearings
(a) Preparation for each hearing		10
(b) Conducting hearing, per 6 minutes		1
(c) Where counsel employed, appearance with counsel, per 6 minutes		1
(d) Waiting time, per 6 minutes		1
18. Withdrawal of solicitors
(a) All work in preparation for any diet fixed under rule 24.2(1) and attendance at first such diet		10
(b) Attendance at each additional diet, per quarter hour		1
19. Attendance not otherwise provided for
(a) Where hearing does not exceed half an hour		5
(b) Thereafter, per 6 minutes		1
20. Specification of documents or property
(a) Drawing, intimating and lodging specification and relative motion—
(i)	where motion unopposed	10
(ii)	where motion opposed, further charge for attendance at hearing of motion, per 6 minutes	1
(b) Charge to opponent—
(i)	where motion unopposed	5
(ii)	where motion opposed, further charge for attendance at hearing of motion, per 6 minutes	1
(c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparing for commission		10
(d) Charge to opponent		5
(e) Attendance at execution of commission, per 6 minutes		1
(f) If optional procedure adopted, charge per person upon whom order is served		1
(g) Perusal of documents or inspection of property recovered, per 6 minutes		1
21. Commissions to take evidence
(a) On interrogatories—
(i)	applying for commission to include drawing, intimating and lodging motion, drawing and lodging interrogatories, instructing commissioner and all incidental work (except as otherwise specifically provided for), but excluding attendance at execution of commission	27.5
(ii)	charge to opponent if cross-interrogatories prepared and lodged	17.5
(iii)	if no cross-interrogatories lodged	5
(b) Open commissions—
(i)	applying for commission to include all work (except as otherwise specifically provided for) up to lodging report of commission but excluding attendance at execution of commission	17.5
(ii)	charge to opponent	10
(iii)	attendance at execution of commission, per 6 minutes	1
22. Reports obtained under order of court
(a) All work incidental to the report		10
(b) Further charge for perusal of report, per 6 minutes		1
23. Preparation for proof or jury trial
(a) All work involved in preparing for proof or jury trial (except as otherwise specifically provided for)—
(i)	if action settled or abandoned not later than 14 days before the diet of proof or jury trial	31.25
(ii)	in any other case	55
(b) For each day or part day after the first, including instruction of counsel		7.5
(c) Preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, for each additional diet		12.5
24. Valuation of claim in actions proceeding under Chapter 36A
(a) Preparation of valuation of claim—
(i)	where counsel not employed	30
(ii)	where valuation of claim prepared by counsel	15
(b) Considering opponent’s valuation of claim		15
25. Pre-trial meeting in actions proceeding under Chapter 36A
(a) Arranging pre-trial meeting (each occasion)		5
(b) Preparing for pre-trial meeting—
(i)	where counsel not employed	27.5
(ii)	where counsel employed	20
(c) Attending pre-trial meeting, per 6 minutes		1
(d) Joint minute of pre-trial meeting		5
Note: where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply.
26. Settlements
(a) Judicial tender or pursuer’s offer—
(i)	preparing and lodging, or considering first tender or pursuer’s offer	15
(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	10
(iii)	considering each further tender or pursuer’s offer	10
(iv)	if tender accepted, further charge 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)	10
(v)	if pursuer’s offer accepted, further charge 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)	10
(b) Extra-judicial 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)		18.75
(c) Whether or not charges 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		18.75
27. Hearing limitation fee
All work (except as otherwise specifically provided for) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute		45
28. Proof or jury trial
(a) Conduct of proof or jury trial, and debate on evidence if taken at close of proof or jury trial, per 6 minutes		1
(b) If counsel employed, appearing with counsel, per 6 minutes		1
(c) Waiting time, per 6 minutes		1
29. Debate on evidence
(a) Where debate on evidence not taken at conclusion of proof or jury trial, preparing for debate		10
(b) Conduct of debate, per 6 minutes		1
(c) If counsel employed, appearing with counsel, per 6 minutes		1
(d) Waiting time, per 6 minutes		1
30. 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
31. Final procedure
All work to the conclusion of proceedings 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		13.75
(b) in any other case		6.25
32. Instruction of counsel
(a) Instructing counsel to revise pleadings		5
(b) Instructing counsel to attend court		12.5
(c) Arranging and attending consultation with counsel, including consultation held to consider tender, pursuer’s offer or extra-judicial settlement, or with a view to settlement—
(i)	where total time engaged does not exceed one hour	12.5
(ii)	for each additional 6 minutes	1

TABLE 3
DEFENDED PERSONAL INJURIES ACTIONS PROCEEDING UNDER PART AI OF CHAPTER 36 OF THE ORDINARY CAUSE RULES 1993
			Units
1. Precognitions, reports and affidavits
(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) All work in connection with preparation and lodging of affidavits, per 250 words			2.5
2. Work before commencement of proceedings
(1) Where the Protocol in Appendix 4 of the Ordinary Cause Rules 1993 applied to the claim prior to the commencement of proceedings, the sum of—
(a) £574;
(b) 3.5% of the total amount of any damages awarded, or payable under a settlement, up to £25,000; and
(c) such further sum, not exceeding 50% of the sum of (a) and (b), as the Auditor considers to be justified in respect of work undertaken prior to the commencement of proceedings that (i) was not required for the purposes of complying with the Protocol, (ii) involved the sharing of information with the opposing party, and (iii) is not included in any other fee in this Part.
(2) In any other case, all work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings.			40
Note: Where the Protocol applied and the Auditor is satisfied that the party found entitled to expenses failed to adhere to its terms in material respects, there may be substituted for the fees specified at paragraph 2(1)(a) and (b) such lesser sum as in the opinion of the Auditor is justified.
3. Instruction
(a) All work (except as otherwise specifically provided for) from commencement to the lodging of defences			55
(b) Instructing re-service by sheriff officers where necessary			1.25
(c) Specification of documents as per Form PI2			5
(d) Charge to opponent for considering specification of documents			5
(e) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission			10
(f) Charge to opponent where a commission arranged			5
(g) Attendance at execution of commission, per 6 minutes			1
(h) If optional procedure adopted, charge per person on whom order is served			1
(i) Perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for, per 6 minutes			1
(j) Attendance in chambers for appointment of cause to Chapter 36A, per 6 minutes			1
(k) Further charge where separate counterclaim and answers lodged			17.5
4. Adjustment
(a) All work (except as otherwise specifically provided for) in connection with adjustment of the record including making up and lodging certified copy record—
(i)		where cause settled or disposed of before expiry of adjustment period	12.5
(ii)		otherwise	30
(b) Further charge to each existing party for each pursuer, defender or third party brought in before the record is lodged under the timetable issued under rule 36.G1(1)(b) (to include necessary amendments)			10
(c) Further charge to each existing party for each additional pursuer, defender or third party brought in after the record is lodged under the timetable issued under rule 36.G1(1)(b)			15
5. Debate (other than on evidence)
(a) Where counsel or solicitor advocate not employed—
(i)		preparing for debate, to include all incidental work	20
(ii)		conduct of debate, per 6 minutes	1
(b) Where counsel employed—
(i)		preparing for debate, to include all incidental work	10
(ii)		appearing with counsel, per 6 minutes	1
(c) Waiting time, per 6 minutes			1
(d) Lodging and intimating or considering first note of arguments			5
(e) For each note lodged thereafter			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	2.5
(iii)		considering each additional counter-issue	1.25
7. Incidental Procedure (not chargeable prior to allowance of proof or jury trial)
All work in connection with noting diet of proof or jury trial and—
(a) preparing note on line of evidence; or			22.5
(b) instructing counsel to prepare a note on line of evidence			12.5
8. Amendment of Record
(a) Charge to proposer
(i)		drawing, intimating and lodging minute of amendment and relative motion	10
(ii)		perusal of answers	5
(iii)		any court appearance necessary, per 6 minutes	1
(b) Charge to opponent—
(i)		perusal of minute of amendment	7.5
(ii)		preparation of answers	5
(iii)		any court appearance necessary, per 6 minutes	1
(c) Further charge for adjustment of minute of amendment and answers, where applicable, to be allowed to each party			10
9. Productions
(a) Lodging productions, each inventory			5
(b) Considering opponent’s productions, each inventory			2.5
10. Motions and minutes
(a) Drawing, intimating and lodging any written motion or minute, including a reponing note, and relative attendance at court (except as otherwise specifically provided for)—
(i)		where opposed	12.5
(ii)		where unopposed (including for each party a joint minute other than under paragraph 20(b))	5
(iii)		attendance at continued motion, per 6 minutes	1
(b) Considering opponent’s written motion, minute or reponing note and attendance at court—
(i)		where opposed	12.5
(ii)		where unopposed	5
(iii)		attendance at continued motion, per 6 minutes	1
11. Incidental hearings/variation of timetable order
(a) Preparing for and attendance at hearing not exceeding half an hour			7.5
(b) Thereafter, per 6 minutes			1
(c) In event of separate advising/opinion, all work incidental thereto			7.5
12. Withdrawal of solicitors
(a) All work in preparation for any diet fixed under rule 24.2(1) and attendance at first such diet			10
(b) Attendance at each additional diet, per 6 minutes			1
13. Attendance not otherwise provided for
(a) Where hearing does not exceed half an hour			5
(b) Thereafter, per 6 minutes			1
14. Valuation of claim
(a) Preparation of statement of valuation of claim—
(i)		where counsel not employed	30
(ii)		where valuation of claim prepared by counsel	15
(b) Considering opponent’s valuation of claim			15
15. Specification of documents or property (if further specification deemed necessary)
(a) Drawing, intimating and lodging specification and relative motion—
(i)		where motion unopposed	10
(ii)		where motion opposed, further charge for attendance at hearing of motion, per 6 minutes	1
(b) Charge to opponent—
(i)		where motion not opposed	5
(ii)		where motion opposed, further charge per 6 minutes	1
(c) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparing for commission			10
(d) Charge to opponent			5
(e) Attendance at execution of commission, per 6 minutes			1
(f) If optional procedure adopted, charge per person upon whom order is served			1
(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
16. Commission to take evidence
(a) On interrogatories—
(i)		applying for commission to include drawing, intimating and lodging interrogatories, instructing commissioner and all incidental work (except as otherwise specifically provided for) but excluding attendance at execution of commission	27.5
(ii)		charge to opponent if cross-interrogatories prepared and lodged	17.5
(iii)		if no cross-interrogatories lodged	5
(b) Open commission—
(i)	applying for commission to include all work (except as otherwise specifically provided for) up to lodging report of commission, but excluding attendance at execution of commission		17.5
(ii)		charge to opponent	10
(iii)		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
(a) All work involved in preparing for proof or jury trial (except as otherwise specifically provided for)—
(i)		if action settled or abandoned not later than 14 days before diet of proof or jury trial	31.25
(ii)		in any other case	57.5
(b) For each day or part day after the first, including instruction of counsel			7.5
(c) Preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, each additional diet			12.5
19. Pre-trial meeting
(a) Arranging pre-trial meeting (each occasion)			5
(b) Preparing for pre-trial meeting
(i)		where counsel not employed	27.5
(ii)		where counsel employed	20
(c) Attending pre-trial meeting, per 6 minutes			1
Note:
Where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply
(d) Joint minute of pre-trial meeting			5
20. Settlements
(a) Judicial tender or pursuer’s offer—
(i)		preparing and lodging, or considering first tender or pursuer’s offer	15
(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	10
(iii)		considering each further tender or pursuer’s offer	10
(iv)		if tender accepted further charge 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)	10
(v)		if pursuer’s offer accepted, further charge 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)	10
(b) Extra-judicial 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)			18.75
(c) Whether or not charges are payable under (a) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed			18.75
21. Hearing limitation fee
All work (except as otherwise specifically provided for) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute			17.5
22. Conduct of proof or jury trial
(a) Conduct of proof or jury trial, and debate on evidence if taken at close of proof or jury trial, per 6 minutes			1
(b) If counsel employed, appearing with counsel, per 6 minutes			1
(c) Waiting time, per 6 minutes			1
23. Debate on evidence
(a) Where debate on evidence not taken at conclusion of proof or jury trial, preparing for debate			10
(b) Conduct of debate, per 6 minutes			1
(c) If counsel employed, appearing with counsel, per 6 minutes			1
(d) Waiting time, per 6 minutes			1
24. 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
25. Final procedure
All work to the conclusion of proceedings 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			13.75
(b) in any other case			6.25
26. Instruction of counsel
(a) Instructing counsel to revise pleadings			5
(b) Instructing counsel to attend court			12.5
(c) Arranging and attending consultation with counsel, including consultation held to consider tender, pursuer’s offer or extra-judicial settlement, or with a view to settlement—
(i)		where total time engaged does not exceed one hour	12.5
(ii)		for each additional 6 minutes	1