The Sheriff Appeal Court Fees Order 2018

Article 2(1)(a)

SCHEDULE 1 TABLE OF FEES

Payable from 25th April 2018

Column 1	Column 2	Column 3
(Matters)	(Fee Payable) £	(Fee Formerly Payable)(1) £
1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute. (NOTE: Where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.)	49	48
2. Fixing of a hearing—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules(2) (standard appeal procedure);	55	54
(b) under rule 27.2 (accelerated appeal procedure);	55	54
(c) under rule 28.13(3)(a) (application for a new jury trial);	55	54
(d) under rule 29.2(2) (appeal from summary cause);	55	54
(e) under rule 16.4(1) of the Simple Procedure Rules(3) (appeal from simple procedure case).	55	54
(NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.)
3. Lodging—
(a) an appeal in a cause other than a summary cause or simple procedure case;	116	113
(b) a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals);	116	113
(c) an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014;	116	113
(d) an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014.	116	-
4. Hearing fee per day or part thereof (bench of 1) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	232	227(4)
(b) under rule 27.2;	232	227
(c) under rule 28.13(3)(a);	232	227
(d) under rule 29.2(2);	232	227
(e) under rule 16.4(1) of the Simple Procedure Rules.	232	227
5. Hearing fee per day or part thereof (bench of 3 or more) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	581	568(5)
(b) under rule 27.2;	581	568
(c) under rule 28.13(3)(a);	581	568
(d) under rule 29.2(2);	581	568
(e) under rule 16.4(1) of the Simple Procedure Rules.	581	568
6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—
(a) by photocopying or otherwise producing a printed or typed copy—
(i) each document, up to 10 pages;	7	6
(ii) each further page or part thereof in excess of 10 pages;	0.5	0.5
(b) for a copy of each document in electronic form.	7	6
7. Any search of records or archives, per 30 minutes or part thereof.	13	12
In addition, correspondence fee where applicable.	13	12
8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
(a) lodging account for taxation;	44	43
(b) taxing accounts of expenses etc.—
(i) up to £400;	21	20
(ii) for every additional £100 or part thereof.	5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
(c) cancellation of diet of taxation—
(i) where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;	50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
(ii) where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.	75% of fee that would have been payable under sub-paragraph (b) of this paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

Article 2(1)(b)

SCHEDULE 2 TABLE OF FEES

Payable from 1st April 2019

Column 1	Column 2	Column 3
(Matters)	(Fee Payable) £	(Fee Formerly Payable)(6) £
1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute. (NOTE: Where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.)	50	49
2. Fixing of a hearing—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure);	56	55
(b) under rule 27.2 (accelerated appeal procedure);	56	55
(c) under rule 28.13(3)(a) (application for a new jury trial);	56	55
(d) under rule 29.2(2) (appeal from summary cause);	56	55
(e) under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case).	56	55
(NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.)
3. Lodging—
(a) an appeal in a cause other than a summary cause or simple procedure case;	118	116
(b) a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals);	118	116
(c) an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014;	118	116
(d) an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014.	118	116
4. Hearing fee per day or part thereof (bench of 1) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	237	232
(b) under rule 27.2;	237	232
(c) under rule 28.13(3)(a);	237	232
(d) under rule 29.2(2);	237	232
(e) under rule 16.4(1) of the Simple Procedure Rules.	237	232
5. Hearing fee per day or part thereof (bench of 3 or more) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	593	581
(b) under rule 27.2;	593	581
(c) under rule 28.13(3)(a);	593	581
(d) under rule 29.2(2);	593	581
(e) under rule 16.4(1) of the Simple Procedure Rules.	593	581
6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—
(a) by photocopying or otherwise producing a printed or typed copy—
(i) each document, up to 10 pages;	7	7
(ii) each further page or part thereof in excess of 10 pages;	0.5	0.5
(b) for a copy of each document in electronic form.	7	7
7. Any search of records or archives, per 30 minutes or part thereof.	13	13
In addition, correspondence fee where applicable.	13	13
8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
(a) lodging account for taxation;	45	44
(b) taxing accounts of expenses etc.—
(i) up to £400;	21	21
(ii) for every additional £100 or part thereof.	5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
(c) cancellation of diet of taxation—
(i) where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;	50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
(ii) where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.	75% of fee that would have been payable under sub-paragraph (b) of this paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

Article 2(1)(c)

SCHEDULE 3 TABLE OF FEES

Payable from 1st April 2020

Column 1	Column 2	Column 3
(Matters)	(Fee Payable) £	(Fee Formerly Payable)(7) £
1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute. (NOTE: Where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.)	51	50
2. Fixing of a hearing—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure);	57	56
(b) under rule 27.2 (accelerated appeal procedure);	57	56
(c) under rule 28.13(3)(a) (application for a new jury trial);	57	56
(d) under rule 29.2(2) (appeal from summary cause);	57	56
(e) under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case).	57	56
(NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.)
3. Lodging—
(a) an appeal in a cause other than a summary cause or simple procedure case;	120	118
(b) a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals);	120	118
(c) an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014;	120	118
(d) an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014.	120	118
4. Hearing fee per day or part thereof (bench of 1) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	242	237
(b) under rule 27.2;	242	237
(c) under rule 28.13(3)(a);	242	237
(d) under rule 29.2(2);	242	237
(e) under rule 16.4(1) of the Simple Procedure Rules.	242	237
5. Hearing fee per day or part thereof (bench of 3 or more) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	605	593
(b) under rule 27.2;	605	593
(c) under rule 28.13(3)(a);	605	593
(d) under rule 29.2(2);	605	593
(e) under rule 16.4(1) of the Simple Procedure Rules.	605	593
6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—
(a) by photocopying or otherwise producing a printed or typed copy—
(i) each document, up to 10 pages;	7	7
(ii) each further page or part thereof in excess of 10 pages;	0.5	0.5
(b) for a copy of each document in electronic form.	7	7
7. Any search of records or archives, per 30 minutes or part thereof.	13	13
In addition, correspondence fee where applicable.	13	13
8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
(a) lodging account for taxation;	46	45
(b) taxing accounts of expenses etc.—
(i) up to £400;	21	21
(ii) for every additional £100 or part thereof.	5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
(c) cancellation of diet of taxation—
(i) where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;	50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
(ii) where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.	75% of fee that would have been payable under sub-paragraph (b) of this paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

(1)

Column 3 shows the fees which were payable by virtue of schedule 3 of S.S.I. 2015/379 (as substituted by schedule 3 of S.S.I. 2016/332) immediately before the coming into force of this schedule.

(2)

The Sheriff Appeal Court Rules are S.S.I. 2015/356, as last amended by S.S.I. 2017/186.

(3)

The Simple Procedure Rules are in schedule 1 of S.S.I. 2016/200, as last amended by S.S.I. 2017/154.

(4)

A different fee narrative for item 4 was previously applicable.

(5)

A different fee narrative for item 5 was previously applicable.

(6)

Column 3 shows the fees which were payable by virtue of schedule 1 of this Order immediately before the coming into force of this schedule.

(7)

Column 3 shows the fees which were payable by virtue of schedule 2 of this Order immediately before the coming into force of this schedule.