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The Legal Aid and Advice and Assistance (Scotland) (Miscellaneous Amendments) Regulations 2019
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Regulation 3(8)
SCHEDULE 6Amendments to schedule 4 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
This schedule has no associated Policy Notes
| TABLE OF FEES A | ||||
|---|---|---|---|---|
| FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION | ||||
PART 1 JUNIOR COUNSEL | ||||
| CHAPTER 1 –FAMILY ACTIONS | ||||
| 1. | Summons or other initiating writ | £309.00 | ||
| 2. | Minute | |||
| (a) | minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision | £206.00 | ||
| (b) | any other minute containing a conclusion or crave | £154.50 | ||
| 3. | Defences or answers | |||
| (a) | Defences or answers in purely skeleton form to preserve the rights of parties | £51.50 | ||
| (b) | Defences or answers to which sub‑paragraph (a) does not apply | £283.25 | ||
| 4. | Joint minute or minute of agreement regulating aliment, financial provision, orders relating to parental responsibilities or parental rights or any other matter in respect of which orders may be sought | |||
| (a) | straightforward cases | £51.50 | ||
| (b) | other cases | £128.75 | ||
| (c) | minute of agreement | £206.00 | ||
| 5. | Minute for decree | £51.50 | ||
| 6. | All other work - the fees prescribed in Chapter 6 apply | |||
| CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) | ||||
| 1. | Petition | |||
| (a) | petition for interdict | |||
| (i) | straightforward cases | £206.00 | ||
| (ii) | other cases | £309.00 | ||
| (b) | other Outer House petitions | £309.00 | ||
| (c) | the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees | |||
| 2. | Answers | |||
| (a) | petition for interdict | £154.50 | ||
| (b) | other Outer House petitions | £154.50 | ||
| (c) | the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees | |||
| 3. | All other work - the fees prescribed in Chapter 6 apply | |||
| CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW | ||||
| 1. | Petition for judicial review | £360.50 | ||
| 2. | Oral hearing at permission stage or procedural hearing | |||
| (a) | where the hearing does not exceed 30 minutes | £61.80 | ||
| (b) | where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £51.50 | ||
| 3. | Substantive hearing | |||
| (a) | junior alone | £927.00 | ||
| (b) | junior with senior | £669.50 | ||
| 4. | Written statement of arguments | £206.00 | ||
| 5. | All other work - the fees prescribed in Chapter 6 apply | |||
| CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN | ||||
| 1. | Petition | £334.75 | ||
| 2. | Answers | £334.75 | ||
| 3. | Motion for interim orders | |||
| (a) | where the hearing does not exceed 30 minutes | £61.80 | ||
| (b) | where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £51.50 | ||
| 4. | First or second hearing (per day) | |||
| (a) | junior alone | £927.00 | ||
| (b) | junior with senior | £669.50 | ||
| 5. | Revising any affidavit which requires to be lodged | £51.50 | ||
| 6. | All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply | |||
| CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 | ||||
| 1. | Petition | £309.00 | ||
| 2. | Revising any affidavit which requires to be lodged | £51.50 | ||
| 3. | Note for revocation of permanence order or other note in the adoption process | £206.00 | ||
| 4. | Hearing to set timetable or determine procedure (per half hour) | £51.50 | ||
| 5. | All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply | |||
| CHAPTER 6 – ORDINARY ACTIONS | ||||
| 1. | Summons | £309.00 | ||
| 2. | Defences | |||
| (a) | where in purely skeleton form to preserve rights of parties | £51.50 | ||
| (b) | otherwise | £283.25 | ||
| 3. | Adjustment of pleadings | |||
| (a) | adjustment of skeleton defences | £231.75 | ||
| (b) | otherwise (each occasion) | £77.25 | ||
| 4. | Specification of documents | |||
| (a) | specification with standard calls only | £51.50 | ||
| (b) | other specification of documents | £128.75 | ||
| 5. | Minutes etc. | |||
| (a) | formal amendments or answers | £77.25 | ||
| (b) | amendments or answers other than formal | £154.50 | ||
| (c) | drafting, revising and signing tender or acceptance | £51.50 | ||
| (d) | note of exceptions | £51.50 | ||
| (e) | abandonment, sist, restriction, etc. | £51.50 | ||
| (f) | issue or counter issue | £77.25 | ||
| 6. | Notes | |||
| (a) | note on liability and/or quantum | £154.50- £360.50 | ||
| (b) | note advising on tender or extra-judicial offer, where not merely confirming advice at consultation | £128.75 | ||
| (c) | note on line of evidence | £206.00-£412.00 | ||
| (d) | other types of note | £154.50 | ||
| 7. | Consultations | |||
| (a) | before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion— | |||
| (i) | junior alone | £257.50-£412.00 | ||
| (ii) | junior with senior | £206.00-£309.00 | ||
| (b) | other consultations— | |||
| (i) | junior alone | £128.75-£257.50 | ||
| (ii) | junior with senior | £103.00-£206.00 | ||
| 8. | Pre-trial meetings | |||
| Pre-trial meeting with opponent with a view to settlement of the case (to include preparation of minute of pre-trial meeting and any associated joint minute) | ||||
| (i) | junior alone | £463.50 | ||
| (ii) | junior with senior | £360.50 | ||
| 9. | Motions (including By Order hearings) | |||
| (a) | where the hearing does not exceed 30 minutes | £61.80 | ||
| (b) | where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £51.50 | ||
| 9A. | Any other hearing where no other fee is specified | |||
| (a) | where the hearing does not exceed 30 minutes | £61.80 | ||
| (b) | where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £51.50 | ||
| 10. | Procedure roll, proof or jury trial (per day) | |||
| (a) | junior alone | £927.00 | ||
| (b) | junior with senior | £669.50 | ||
| 11. | Inner House | |||
| (a) | Single Bills | |||
| (i) | where the hearing does not exceed 30 minutes | £77.25 | ||
| (ii) | where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £51.50 | ||
| (b) | reclaiming motion including appeal under section 163, 164 or 165 of the 2011 Act(1) (per day) | |||
| (i) | junior opening or appearing alone | £1,030.00 | ||
| (ii) | junior otherwise | £721.00 | ||
| (c) | motion for new trial (per day) | |||
| (i) | junior opening or appearing alone | £772.50 | ||
| (ii) | junior otherwise | £515.00 | ||
| 12. | Attendance at judgment | |||
| (a) | Outer House | £51.50 | ||
| (b) | Inner House | £51.50 | ||
| 13. | Time engaged in necessary travel | |||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken | £103.00 | |||
| 14. | Accommodation and associated subsistence | |||
| Payment of necessary accommodation and associated subsistence per day | £103.00 | |||
PART 2SENIOR COUNSEL
FAMILY ACTIONS, PETITIONS (INCLUDING JUDICIAL REVIEW, ABDUCTION AND ADOPTION) AND ORDINARY ACTIONS
| 1. | Drafting or revisal of pleadings | ||
| (a) | drafting of summons, defences, petition or answers | £437.75 - £515.00 | |
| (b) | revisal of summons, defences, petition or answers | £154.50 | |
| (c) | adjustment fee (open record) (each occasion) | £128.75 | |
| 2. | Minutes, etc. – revisal fees | ||
| (a) | amendments (other than formal) or answers | £206.00 | |
| (b) | admissions, tender or acceptance (in appropriate cases) | £77.25 | |
| (c) | note of exceptions | £103.00 | |
| 3. | Notes | ||
| (a) | note on liability and/or quantum | £231.75 - £566.50 | |
| (b) | advice on tender or extra‑judicial offer when not merely confirming advice at consultation | £206.00 | |
| (c) | note on line of evidence | £309.00 -£618.00 | |
| (d) | other notes | £231.75 | |
| 4. | Consultations | ||
| before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion with senior alone or with senior and junior | £309.00-£566.50 | ||
| 5. | Pre-trial meetings | ||
| Pre-trial meetings with opponent with a view to settlement of case (to include preparation of minute of pre-trial meeting and any associated joint minute) | £669.50 | ||
| 6. | Day in court | ||
| (a) | Inner House including appeal under section 163, 164 or 165 of the 2011 Act(2) | £1,545.00 | |
| (b) | Outer House | £1,390.50 | |
| 7. | Time engaged in necessary travel | ||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken | £103.00 | ||
| 8. | Accommodation and associated subsistence | ||
| Payment of necessary accommodation and associated subsistence per day | £103.00 | ||
TABLE OF FEES B Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland | ||||
|---|---|---|---|---|
PART 1 JUNIOR COUNSEL | ||||
| 1. | Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland) | £283.25 | ||
| 2. | Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland) | £231.75 | ||
| 3. | Adjustment of pleadings | |||
| Adjustment fee (each occasion) | £69.53 | |||
| 4. | Specification of documents | |||
| (a) | straightforward cases | £46.35 | ||
| (b) | other cases | £113.30 | ||
| 5. | Minutes, etc. | |||
| (a) | formal amendments or answers | £46.35 | ||
| (b) | amendments or answers other than formal | £118.45 | ||
| (c) | drafting, revising and signing tender or acceptance | £46.35 | ||
| (d) | note of exceptions | £41.20 | ||
| (e) | abandonment, sist, restriction, etc. | £41.20 | ||
| 6. | Notes | |||
| (a) | note on liability and/or quantum | £139.05 -£324.45 | ||
| (b) | note advising on tender or extra-judicial offer, where not merely confirming advice at consultation | £113.30 | ||
| (c) | note on line of evidence | £185.40 -£370.80 | ||
| (d) | other notes | £139.05 | ||
| 7. | Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007(3) | |||
| (a) | petition | £283.25 | ||
| (b) | minute for revocation of permanence order or other minute in the adoption process | £231.75 | ||
| (c) | revising each affidavit | £46.35 | ||
| (d) | hearing to set timetable or determine procedure | £46.35 | ||
| 8. | Applications under section 85(1) of the Children (Scotland) Act 1995(4) or under section 110 of the 2011 Act(5) | |||
| Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral | £231.75 | |||
| Written application under section 110 of the 2011 Act for review of grounds of determination | £231.75 | |||
| 9. | Motions | |||
| Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof | £46.35 | |||
| 10. | Time engaged in necessary travel | |||
| Supplementary fee chargeable where necessary travel undertaken | £103.00 | |||
| 11. | Accommodation and associated subsistence | |||
| Payment of necessary accommodation and associated subsistence per day | £103.00 | |||
| Junior with senior | Junior alone | |||
| 12. | Consultations (including joint consultations with opponent with a view to negotiating settlement) | |||
| Before proof, or otherwise involving a significant degree of preparation or lengthy discussion | £185.40 -£278.10 | £231.75-£370.80 | ||
| 13. | Child welfare hearing | |||
| Attendance up to half hour, and for each subsequent half hour or part thereof | £41.20 | £56.65 | ||
| 14. | Hearings under Part II of Chapter 3 of the Children (Scotland) Act 1995 | |||
| (a) | under section 55 to defend an application for a child assessment order | £41.20 | £56.65 | |
| (b) | under section 60(7) for an application to set aside or vary a child protection order | £41.20 | £56.65 | |
| (c) | under section 67 to defend a warrant for further detention of a child | £41.20 | £56.65 | |
| 14A. | Applications to the sheriff under the 2011 Act | |||
| (a) | under section 48 to vary or terminate a child protection order | £41.20 | £56.65 | |
| (b) | under section 98 to extend or vary an interim compulsory supervision order | £41.20 | £56.65 | |
| (c) | under section 99 to further extend or vary an interim compulsory supervision order | £41.20 | £56.65 | |
| (d) | under section 166 to review a decision or determination to impose a duty on a local authority | £41.20 | £56.65 | |
| 15. | Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) | |||
| (a) | up to 20 days | £643.75 | £834.30 | |
| (b) | subsequent days | £579.38 | £750.87 | |
| 16. | Appeal to the Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) | £669.50 | £875.50 | |
| 17. | Any other hearing where no other fee is specified | |||
| Attendance for up to half hour, and for each subsequent half hour or part thereof | £56.65 | |||
PART 2 SENIOR COUNSEL | |||
|---|---|---|---|
| 1. | Revisal of pleadings | ||
| (a) | revisal of initial writ, defences, petition or answers | £139.05 | |
| (b) | adjustment fee (open record) (each occasion) | £115.88 | |
| 2. | Other revisal fees | ||
| (a) | amendments (other than formal) or answers | £185.40 | |
| (b) | admissions, tender or acceptance (in appropriate cases) | £69.53 | |
| 3. | Notes | ||
| (a) | note on liability and/or quantum | £208.58 -£515.00 | |
| (b) | advice on tender or extra-judicial offer where not merely confirming advice at consultation | £278.10 | |
| (c) | note on line of evidence | £278.10 -£556.20 | |
| (d) | other notes | £208.58 | |
| 4. | Consultations (including joint consultations with opponent with a view to negotiating settlement) | ||
| Before proof, or otherwise involving a significant degree of preparation or lengthy discussion | £278.10 -£515.00 | ||
| 4A. | Applications to the sheriff under the 2011 Act(6) | ||
| (a) | under section 48 to vary or terminate a child protection order | £84.98 | |
| (b) | under section 98 to extend or vary an interim compulsory supervision order | £84.98 | |
| (c) | under section 99 to further extend or vary an interim compulsory supervision order | £84.98 | |
| (d) | under section 166 to review a decision or determination to impose a duty on a local authority | £84.98 | |
| 5. | Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995(7) and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) | ||
| (a) | up to 20 days | £1,251.45 | |
| (b) | subsequent days | £1,126.31 | |
| 6. | Appeal to Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) | £1,339.00 | |
| 7. | Time engaged in necessary travel | ||
| Supplementary fee chargeable where necessary travel undertaken | £103.00 | ||
| 8. | Accommodation and associated subsistence | ||
| Payment of necessary accommodation and associated subsistence per day | £103.00 | ||
(1)
The Children’s Hearings (Scotland) Act 2011 (asp 1). Defined in regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989/1490.
(2)
The Children’s Hearings (Scotland) Act 2011 (asp 1). Defined in regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989/1490.
(3)
(4)
(5)
The Children’s Hearings (Scotland) Act 2011 (asp 1). Defined in regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989/1490.
(6)
The Children’s Hearings (Scotland) Act 2011 (asp 1). Defined in regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989/1490.
(7)
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