PART IIUNDEFENDED ACTIONS OF DIVORCE AND OF SEPARATION AND ALIMENT(affidavit procedure)
1. In any undefended action of divorce or separation and aliment where–
(a)the facts sets out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976(1)(“the 1976 Act”) are relied on;
(b)there is no crave 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 the inclusive fee specified in respect of that work in column 2 of that Table.
TABLE A
| Column 1 | Column 2 |
|---|---|
| Work done | Inclusive fee |
| £ | |
1. All wwork to and including the period of notice | 245.80 |
2. All work from the period of notice to and including swearing affidavits | 174.70 |
3. All work from swearing affidavits to and including sending extracts decree | 53.70 |
4. All work to and including sending extract decree | 474.20 |
| Add process fee | of 10% |
2. In any undefended action of divorce or separation and aliment where–
(a)the facts set out in sections 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) and 1(2)(e) (five years' non-cohabitation) of the 1976 Act are relied on;
(b)there is no crave 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 work specified in column 1 of Table B, charge the inclusive fee specified in respect of that work in column 2 of that Table.
TABLE B
| Column 1 | Column 2 |
|---|---|
| Work done | Inclusive fee |
| £ | |
1. All work to and including the period of notice | 202.10 |
2. All work from the period of notice to and including swearing affidavits | 97.30 |
3. All work from swearing affidavits to and including sending extract decree | 53.70 |
4. All work to and including sending extract decree | 353.10 |
| Add process fee | 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 crave 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.
TABLE C
| Column 1 | Column 2 |
|---|---|
| Work done | Inclusive fee |
| £ | |
1. All work to and including the period of notice | 97.30 |
2.All work from the period of notice to and including swearing affidavits | 57.00 |
3. All work under items 1 and 2 | 154.30 |
| Add process fee | of 10% |
4. If the pursuer’s solicitor elects to charge an inclusive fee under this Part he shall endorse a minute to that effect on the initial writ before extract of the decree is ordered; and when the option is so exercised decree for expenses shall be granted against the defender for said sum together with outlays up to £85 inclusive of VAT without the necessity for taxation. If outlays in excess of £85 are claimed, an account of such outlays shall be remitted to the auditor of court for taxation and the sum allowed for outlays shall be the amount of the account as taxed.