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(OTHER THAN CONSISTORIAL ACTIONS)
In all undefended cases where no proof is led, the pursuer’s solicitor may in his option elect to charge an inclusive fee to cover all work from taking instructions up to and including obtaining extract decree. The option shall be exercised by pursuer’s solicitor endorsing a minute to the above effect on the principal summons or petition before decree is taken.
Fee to pursuer’s solicitor for all work up to and obtaining extract decree ... ... ... ... | £90.00 |
Outlays to an amount not exceeding $100 shall also be allowed. |
1. In any undefended action of divorce or separation where—
(a)the facts set out in section 1(2)(a) (adultery) or 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 (“the 1976 Act”) are relied upon; and
(b)there are no conclusions relating to any ancillary matters; and
(c)the pursuer seeks to prove those facts by means of affidavits,
the pursuer’s solicitor may in respect of the work specified in column 1 of Table A charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and in any other case, the inclusive fee specified in respect of that work in column 3 of that Table.
Column 1 | Column 2 | Column 3> |
---|---|---|
Work done | Inclusive fee Edinburgh solicitors only | Inclusive fee Edinburgh solicitors and solicitors outside Edinburgh |
1. All work to and including calling of the summons | £182.50 | £208.50 |
2. All work from calling to and ncluding swearing affidavits | £130.00 | £156.50 |
3. All work from swearing affidavits to and including sending extract decree | £ 40.00 | £ 58.50 |
4. All work to and including sending extract decree | £352.50 | £423.50 |
Add session fee | of 7½% | of 10 % |
2. In any undefended action of divorce or separation where—
(a)the facts set out in section 1(2)(c) (desertion), 1(2)(d) (2 years non-cohabitation and consent) and 1(2)(e) (5 years non-cohabitation) of the 1976 Act are relied on; and
(b)there are no conclusions relating to any ancillary matters; and
(c)the pursuer seeks to prove those facts by means of affidavits,
the pursuer’s solicitor may in respect of the work specified in column 1 of Table B charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and in any other case, the inclusive fee specified in respect of that work in column 3 of that Table.
Column 1 | Column 2 | Column 3 |
---|---|---|
Work done | Inclusive fee Edinburgh solicitors only | Inclusive fee Edinburgh solicitors and solicitors outside Edinburgh |
1. All work to and including calling of the summons | £150.00 | £175.50 |
2. All work from calling to and including swearing affidavits | £ 72.00 | £ 92.00 |
3. All work from swearing affidavits to and including sending extract decree | £ 40.00 | £ 58.50 |
4. All work to and including sending extract decree | £262.00 | £326.00 |
Add session fee | of 7½% | of 10 % |
3. If—
(a)the pursuer’s solicitor charges an inclusive fee under either paragraph 1 or paragraph 2 of this Part, and
(b)the action to which the charge relates includes a conclusion relating to an ancillary matter,
in addition to that fee, he may charge in respect of the work specified in column 1 of Table C the inclusive fee specified in respect of that work in column 2 of that Table, being the same additional inclusive fee whether he is an Edinburgh solicitor acting alone or on the instructions of a solicitor outside Edinburgh.
Column 1 | Column 2 |
---|---|
Work done | Inclusive fee |
1. All work to and including calling of the summons | £36.50 |
2. All work from calling to and including swearing affidavits | £42.00 |
3. All work under items 1 and 2 | £78.50 |
Add session fee of 7½% if Edinburgh solicitor only.
Add session fee of 10% if Edinburgh solicitor and solicitor outside Edinburgh.
4. The Lord Ordinary shall, on pronouncing an interlocutor granting decree of divorce or separation in any action to which paragraph 1 or 2 apply, include in that interlocutor, where appropriate, a finding in respect of expenses.
5. On pronouncing an interlocutor under paragraph 4 making a finding in respect of expenses, the Lord Ordinary shall pronounce a further interlocutor decerning for payment of those expenses as taxed by the person found liable to pay them.
Unopposed Petitions | |
---|---|
1. Fee for all work, including precognitions and all copyings, up to and obtaining Extract Decree— | |
Edinburgh solicitors only ... ... ... ... | £187.00 |
Edinburgh solicitors and solicitors outside Edinburgh ... ... ... ... | £260.00 |
Outlays including duplicating charges to be allowed in addition. | |
Opposed Petitions | |
2. Fee for all work (other than precognitions) up to and including lodging Petition, obtaining and executing warrant for service ... ... ... ... | £127.00 |
Outlays including Duplicating Charges to be allowed in addition. | |
3. Where applicable, charges under Part IV paragraphs 2,3 and 5 to 21 of this Table. | |
4. Reports in opposed petitions— | |
(a)for each report by Accountant of Court ... ... ... ... | £22.50 |
(b)for any other report, as under Part IV section 6. | |
5. Obtaining Bond of Caution ... ... ... ... | £22.50 |
1. Reclaiming Motions— | |
(a)Fee for appellant for all work up to interlocutor sending case to Roll ... ... ... ... | £55.00 |
(b)Fee for respondent ... ... ... ... | £28.00 |
(c)Additional fee for each party for every 50 pages of Appendix ... ... ... ... | £23.00 |
2. Appeals from inferior courts— | |
(a)Fees for appellant ... ... ... ... | £67.00 |
(b)Fee for respondent ... ... ... ... | £33.00 |
(c)Additional fee for each party for every 50 pages of Appendix ... ... ... ... | £22.50 |
3. Summary or Short Roll— | |
(a)Preparing for discussion, instructing counsel, and preparing Appendix ... ... ... ... | £55.00 |
(b)Attendance fee—per quarter-hour ... ... ... ... | £10.00 |
4. Where applicable, charges under Part IV of this Chapter. | |
5. Special Cases and Inner House petitions, according to circumstances of the case. | |
6. Obtaining Bond of Caution ... ... ... ... | £22.50 |