The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1995

Regulation 3

SCHEDULE 1 NEW TABLE OF FEES TO BE SUBSTITUTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

“TABLE OF FEES

PART I —UNDEFENDED ACTIONS (OTHER THAN CONSISTORIAL ACTIONS)

1.

Inclusive fee to pursuer’s solicitor in all undefended cases where no proof is led, to cover all work from taking instructions up to and including obtaining extract decree

£95.80

PART II —UNDEFENDED CONSISTORIAL ACTIONS (OTHER THAN ACTIONS TO WHICH PART III APPLIES)

1.	Fee for all work (other than precognitions) up to and including the calling of summons in court	£136.20
Note:Precognitions to be charged as in Part V, paragraph 5 of this Schedule
2.	Incidental procedures
	Fixing diet, enrolling action, preparation for proof, citing witnesses, etc.	£77.10
3.	Amendment
	(a) Where summons amended, where re-service is not ordered, and motion is not starred	£19.40
	(b) Where summons amended, where re-service is not ordered and motion is starred	£28.40
	(c) Where summons amended and re-service is ordered	£36.00
4.	Commissions to take evidence on interrogatories
	(a) Basic fee to cover all work up to and including lodging completed interrogatories	£28.40
	(b) Additional fee for completed interrogatories, including all copies — per sheet	£6.05
5.	Commissions to take evidence on open commission
	(a) Basic fee to solicitor applying for commission but excluding attendance at execution thereof	£32.10
	(b) Attendance at execution of commission — per half hour	£16.50
6.	Where applicable the fees set out in paragraphs 6, 7, 10, 14, 16 and 21 of Part V of this Schedule may be charged
7.	Proof and completion fee— excluding accounts of expenses but including instructing counsel for proof, attendance at proof, settling with witnesses, borrowing and returning productions, procuring interlocutor, and obtaining extract decree of divorce	£95.80
8.	Accounts
	Framing and lodging account and attending taxation	£30.60

PART III —UNDEFENDED CONSISTORIAL ACTIONS: AFFIDAVIT PROCEDURE

1.   In any undefended action of divorce or separation where—

(a) the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976(1) are relied upon; and

(b) 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 in this paragraph 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.

TABLE A

Column 1		Column 2	Column 3
Work done		Inclusive fee — Edinburgh solicitor acting alone	Inclusive fee — any other case
1.	All work to and including calling of the summons	£198.60	£227.10
2.	All work from calling to and including swearing affidavits	£141.90	£170.40
3.	All work from swearing affidavits to and including sending extract decree	£42.60	£63.80
4.	All work to and including sending extract decree	£383.20	£461.20
Add session fee to item 4		of 7½%	of 10%

2.   In any undefended action of divorce or separation where—

(a) the facts set out in section 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five years' non-cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and

(b) the pursuer seeks to prove these facts by means of affidavits, the pursuer’s solicitor may in respect of the work specified in column 1 of Table B in this paragraph 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.

TABLE B

Column 1		Column 2	Column 3
Work done		Inclusive fee — Edinburgh solicitor acting alone	Inclusive fee — any other case
1.	All work to and including calling of the summons	£163.20	£191.60
2.	All work from calling to and including swearing affidavits	£78.10	£99.30
3.	All work from swearing affidavits to and including sending extract decree	£42.60	£63.80
4.	All work to and including sending extract decree	£283.80	£354.70
Add session fee to item 4		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 in this paragraph 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 calling of the summons	£39.80
2.	All work from calling to and including swearing affidavits	£45.40
3.	All work under items 1 and 2	£85.10
Add session fee to item 3 of 7½% in the case of an Edinburgh solicitor acting alone and 10% in any other case

PART IV —OUTER HOUSE PETITIONS

A. Unopposed petitions

1.	Fee for all work, including precognitions and all copying, up to and including obtaining extract decree—
	(a) in the case of an Edinburgh solicitor acting alone	£200.70
	(b) in any other case	£280.10
Note:Outlays including duplicating charges to be allowed in addition.

B. Opposed petitions

2.	Fee for all work (other than precognitions) up to and including lodging petition, obtaining and executing warrant for service	£136.20
Note:Outlays including duplicating charges to be allowed in addition.
3.	Where applicable, the fees set out in paragraphs 5, 6, 7, 10, 12, 14, 18, 19, 20 and 21 of Part V of this Schedule may be charged
4.	Reports—
	(a) For each report by Accountant of Court	£24.00
	(b) For any other report as under Part V, paragraph 6 of this Schedule
5.	Obtaining Bond of Caution	£24.00

PART V —DEFENDED ACTIONS

1.	Instruction fee
	(a) To cover all work (apart from precognitions) until lodgement of open record	£188.60
	(b) Instructing re-service where necessary	£20.20
	(c) If counter-claim lodged, additional fee for solicitor for each party	£39.80
2.	Record fee
	(a) To cover all work in connection with adjustment and closing of record including subsequent work in connection with By Order Adjustment Roll	£200.70
	(b) To cover all work as above, so far as applicable, where action settled or disposed of before record closed	£125.00
	(c) If consultation held before record closed, additional fees may be allowed as follows:—
	(i) Arranging consultation	£20.20
	(ii) Attendance at consultation — per half hour	£16.50
	(d) Additional fee (to include necessary amendments) to the solicitors for the existing pursuer and each existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of	£59.10
	(e) Additional fee to the solicitors for existing pursuer and each existing defender, to be allowed for each pursuer, defender, or third party brought in after the record is closed, each of
3.	Procedure Roll or Debate Roll
	(a) Preparing for discussion and all work incidental thereto including instruction of counsel	£39.80
	(b) Attendance at court — per half hour	£16.50
	(c) Advising and work incidental thereto	£30.00
4.	Adjustment of issues and counter-issues
	(a) Fee to solicitor for pursuer to include all work in connection with and incidental to the lodging of an issue, and adjustment and approval thereof	£38.20
	(b) If one counter-issue, additional fee to solicitor for pursuer	£10.60
	(c) If more than one counter-issue, additional fee to solicitor for pursuer for each additional counter-issue	£4.55
	(d) Fee to solicitor for defender or third party for all work in connection with lodging of counter-issue and adjustment and approval thereof	£38.20
	(e) Fee to solicitor for defender or third party for considering issue where no counter-issue lodged	£10.60
	(f) Fee to solicitor for defender or third party for considering each additional counter-issue	£4.55
5.	Precognitions
	Taking and drawing precognitions — per sheet	£19.40
Note:	(i) In addition each solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself. (ii) Where a skilled witness prepares his own precognition or report the solicitor shall be allowed, for revising and adjusting it, half of the taking and drawing fee per sheet.
6.	Reports obtained under order of court excluding auditor’s report
	(a) Fee for all work incidental thereto	£42.00
	(b) Additional fee per sheet of report to include all copies required (maximum £42.35)	£6.05
7.	Specification of documents
	(a) Basic fee to cover instructing counsel, revising and lodging and all incidental procedures to obtain a diligence up to and including obtaining interlocutor	£39.80
	(b) Fee to opponent’s solicitor	£19.40
	(c) If commission executed, additional fee — per half hour	£16.50
	(d) If alternative procedure adopted, fee per person upon whom order served	£15.80
8.	Commission to take evidence on interrogatories
	(a) Basic fee to solicitor applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories	£80.10
	(b) Basic fee to opposing solicitor if cross-interrogatories lodged	£64.40
	(c) Fee to opposing solicitor if no cross-interrogatories lodged	£24.00
	(d) Additional fee to solicitor for each party for completed interrogatories or cross-interrogatories, including all copies — per sheet	£6.05
9.	Commission to take evidence on open commission
	(a) Basic fee to solicitor applying for commission up to and including lodging report of commission, but excluding attendance at execution thereof	£88.30
	(b) Basic fee to opposing solicitor	£39.80
	(c) Attendance at execution of commission — per half hour	£16.50
10.	Miscellaneous motions where not otherwise covered by this Schedule
	(a) Where attendance of counsel and/or solicitor not required	£10.60
	(b) Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel — not exceeding half hour	£30.00
	(c) Thereafter attendance fee — per additional half hour	£16.50
11.	Incidental procedure (not chargeable prior to approval of issue or allowance of proof)
	Fixing diet, obtaining note on the line of evidence, etc., borrowing and returning process, lodging productions, considering opponent’s productions, and all other work prior to the consultation on the sufficiency of evidence	£112.40
12.	Amendment of record
	(a) Amendment of conclusions only — fee to solicitor for pursuer	£30.00
	(b) Amendment of conclusions only — fee to solicitor for opponent	£10.60
	(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged — fee to solicitor for proposer	£43.50
	(d) In same circumstances — fee to solicitor for opponent	£20.20
	(e) Amendment of pleadings after record closed where answers are lodged — fee for solicitor for each party lodging answers	£102.50
	(f) Fee for adjustment of minute and answers, where applicable, to be allowed in addition to solicitor for each party	£56.20
13.	Preparation for trial or proof to include fixing consultation on the sufficiency of evidence and attendance thereat, fee-funding precept, adjusting minute of admissions, citing witnesses, all work checking and writing up process, and preparing for trial or proof
	(a) If action settled before trial or proof, or the trial or proof lasts only one day, to include, where applicable, instruction of counsel	£272.50
	(b) For each day or part of a day after the first, including instruction of counsel	£24.00
	(c) To cover preparing for adjourned diet and all work incidental as in (a), if diet postponed more than 5 days	£49.50
14.	Copying all necessary papers by any means
	First copy — per sheet	£1.00
	Additional copies — per sheet	£0.43
15.	Settlement by tender — fees for solicitor for either party
	(a) Basic fee for lodging, or for considering, first tender	£59.10
	(b) Fee for lodging, or for considering, each further tender	£39.80
	(c) Additional fee if tender accepted	£39.80
16.	Extra-judicial settlement
	Fee inclusive of joint minute (not based on a judicial tender)	£102.50
17.	Proof or trial
	Attendance fee — per half hour	£16.50
18.	Accounts— to include framing and lodging account, intimating diet, and attending taxation, uplifting account and noting and intimating taxation	£71.80
19.	Ordering and obtaining extract	£15.00
20.	Final procedure
	(a) If case goes to trial or proof, to include all work to close of litigation, so far as not otherwise provided for, including in particular settling with witnesses and procuring and booking verdict, or attendance at judgement	£80.10
	(b) If case disposed of before trial or proof	£24.00
21.	Session fee — to cover communications with client and counsel
	(a) Where no correspondent — 7½% of total fees (including copying fees) allowed on taxation
	(b) Where correspondent involved — 10% of total fees (including copying fees) allowed on taxation

PART VI —INNER HOUSE BUSINESS

1.	Reclaiming motions
	(a) Fee for solicitor for appellant for all work up to interlocutor sending case to roll	£59.10
	(b) Fee for solicitor for respondent	£30.00
	(c) Additional fee for solicitor for each party for every 50 pages of appendix	£24.70
2.	Appeals from inferior courts
	(a) Fee for solicitor for appellant	£71.80
	(b) Fee for solicitor for respondent	£35.20
	(c) Additional fee for solicitor for each party for every 50 pages of appendix	£24.70
3.	Summar or Short Roll
	(a) Preparing for discussion, instructing counsel, and preparing appendix	£59.10
	(b) Attendance fee — per half hour	£16.50
4.	Where applicable the fees set out in Part V of this Schedule may be charged.
5.	Special cases and Inner House petitions
	According to circumstances of the case.
6.	Obtaining Bond of Caution	£24.00

PART VII —ADMIRALTY AND COMMERCIAL CASES, SEQUESTRATION IN BANKRUPTCY, APPLICATIONS FOR SUMMARY TRIAL UNDER SECTION 26 OF THE COURT OF SESSION ACT 1988(2) AND CASES REMITTED FROM THE SHERIFF COURT

The fees shall be based on this Schedule or Schedule 3 according to the circumstances.”

(1)

1976 c. 39.

(2)

1988 c. 36.