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Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989

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14.  In Chapter IV of the Table of Fees—

(a)necessary outlays, including—

(i)in relation to Part II only, a charge in respect of post and sundries of I2 per cent. of the fees allowed;

(ii)fees for witnesses calculated as provided by Act of Sederunt;

are allowed in addition to the fees allowed under this Chapter;

(b)in Parts I and II, sheriff officers' fees and the costs of advertising are allowable as outlays;

(c)in Parts I and II, in respect of paragraph 3 (attendance at court), no fee is allowable for attendance at a continuation of the first calling, unless specially authorised by the court;

(d)in Part II, in respect of paragraph 7 (precognitions), in a case where a skilled witness prepares his own precognition or report, half of the drawing fee is allowable to the solicitor for revising and adjusting it;

(e)in Part II, in respect of paragraph 15, no fees shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision;

(f)all fees chargeable under this Chapter in respect of the actions mentioned in the left-hand column of the following table shall unless the sheriff, on a motion in that behalf, otherwise directs be reduced by the amount of the percentage specified opposite those actions in the right-hand column of the following table:—

TABLE

ActionsPercentage reduction
*

“value” in relation to any action in which a counterclaim has been lodged, is the total of the sums craved in the writ and the sum claimed, in the counterclaim.

1. of a value* from £50 to £25025%
2. of a value* of less than £5050%
3. for recovery of possession of heritable property, if not defended50%

(g)in Part I, in respect of paragraph l (instruction fees), in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the writ, together with necessary outlays in connection therewith; and

(h)in Part II, the fee allowable in respect of paragraph l4. (supplementary note of defence) is a fixed fee allowable only when a supplementary note of defence is ordained by the court.

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