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These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 for a number of purposes, but principally so as to increase the fees allowable to solicitors and counsel for civil legal aid (and for legal aid in certain proceedings relating to children): the fees for solicitors in Schedules 1 and 2 (regulations 3 and 4(b)) by 8.5% and those for counsel in Schedule 4 (regulation 6) by 9%.
Regulations 2 and 5(a) make minor drafting amendments designed amendments designed to clarify the intention behind the principal Regulations.
Regulation 4(a) deletes actions 1 and 2 of the Table to paragraph 2(f) of Schedule 2, which, unless the sheriff otherwise directs, reduces the fees chargeable for actions of summary cause by the Sheriff Court of a value from £50 to £250 and less than £50 by 25% and 50% respectively, as they do not now serve any practical purpose following the introduction of the Small Debt Claims Procedure in November 1988. In action 3 (renumbered 1) the words “in undefended actions” have been inserted to bring the provision into line with the Lord President’s table of fees (civil) for proceedings in the Sheriff Court.
The major change regarding solicitors' fees is contained in Schedule 3 (regulation 5(b)) which prescribes a simplified table of fees for calculating the remuneration of solicitors who choose to lodge a detailed fee account. The amendment reduces the number of basic fees from 7 to 5 and, in rationalising these rates with those paid for comparable criminal work (with exception of perusing), increases the fees on average by about 12%.
The Regulations provide that the amendments in regulations 3. 4(b), 5(b) and 6 will apply only to work done on or after 1st April 1991.
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