The Court of Session etc. Fees Amendment Order 2002

1

Appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House – fee (to comprehend signeting in normal office hours)

2

Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding other than a family action

3

Writ by which a family action is originated (other than a simplified divorce application) – inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, of a duplicate thereof)

4

Simplified divorce application (inclusive of all procedure other than that specified in item B5 of this Table)

5

In relation to a simplified divorce application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required.

6

Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action

7

Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed

8

Special case–

9

Application by minute or motion for variation of an order in a family action

10

Answers or opposition to an application under item B9 of this Table

11

Letter of request to a foreign court

12

Citation of each jury, to include outlays incurred in citing and countermanding – payable on receipt of instruments for issue of precept

13

Reclaiming motion – fee payable by party enrolling motion

14

Closed record – fee payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined

15

Allowing proof, etc. – fee payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed

16

Proof or Procedure Roll – fee payable by each party appearing at the hearing for every 30 minutes or part thereof

17

Summar Roll – fee payable by each party appearing at the hearing for every 30 minutes or part thereof

18

Jury Trial – fee payable by each party appearing at the trial for every 30 minutes or part thereof

19

Outer House hearing other than items B16, B18, B21 and B24 of this Table – fee payable by each party appearing at the hearing for every 30 minutes or part thereof

20

Inner House hearing other than items B17, B22 and B24 of this Table – fee payable by each party appearing at the hearing for every 30 minutes or part thereof

21

Motion Roll hearing – fee payable by each party appearing at the hearing after first 30 minutes – for every 30 minutes or part thereof

22

Single Bills hearing – fee payable by each party appearing at the hearing after first 30 minutes – for every 30 minutes or part thereof

23

Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion

24

Hearing out of hours – fee payable by each party appearing at the hearing for every 30 minutes or part thereof

1

Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 19828

2

Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours

3

Petition to be admitted as a notary public:

4

Petition to be admitted as a solicitor:

5

Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies

6

Caveat

7

Fiat

8

Registering official copies of orders of courts in England and Wales or Northern Ireland

9

Issue of an abbreviate in sequestration

10

Reclaiming motion – fee payable by party enrolling motion

11

Closed record – fee payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined

12

Allowing proof, etc. – fee payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed

13

Application by minute or motion for variation of an order in a petition for custody, aliment or access

14

Answers or opposition to a motion under item C13 of this Table

15

Registering orders for enforcement under section 426 of the Insolvency Act 19869

16

Proof or Procedure Roll – fee payable by each party appearing at the hearing for every 30 minutes or part thereof

17

Summar Roll – fee payable by each party appearing at the hearing for every 30 minutes or part thereof

18

Outer House hearing other than items C16, C20 and C23 of this Table – fee payable by each party appearing at the hearing for every 30 minutes or part thereof

19

Inner House hearing other than items C17, C21 and C23 of this Table – fee payable by each party appearing at the hearing for every 30 minutes or part thereof

20

Motion Roll Hearing – fee payable by each party appearing at the hearing after first 30 minutes – for every 30 minutes or part thereof

21

Single Bills hearing – fee payable by each party appearing at the hearing after first 30 minutes – for every 30 minutes or part thereof

22

Fee payable by any party enrolling a motion or making a motion orally at the bar; and any party opposing any such motion

23

Hearing out of hours – fee payable by each party appearing at the hearing for every 30 minutes or part thereof

1

Parliamentary election petition

2

Statement of matters

3

Any other petition, application, answers or objections submitted to the court

4

Certificate of judgement

1

Appeal – inclusive fee

2

Answers – inclusive fee

1

Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise

2

Extract of admission as a solicitor

3

Extract of protestation

4

Certificate under the Civil Jurisdiction and Judgments Act 1982

5

Documentation evidencing divorce, nullity or dissolution of marriage:

a

Extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table

b

Certificate of divorce in decree pronounced prior to 23rd September 1975

c

Certified copy interlocutor in decree pronounced prior to 23rd September 1975

6

Extract from the Register of Acts and Decrees – per sheet or part thereof

7

Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise

8

Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 197010

9

Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 193811

1

For registering case and receiving and delivering up bond of caution–

2

For examining factor’s inventory – 0.333% of the value of the estate as disclosed

3

For auditing each account–

4

For reporting re discharge, special powers or on other special matters

5

For granting consent in terms of section 2(4) of the Trusts (Scotland) Act 196112 and rule 61.14 of the Rules of Court

6

For report on scheme of division–

7

For certificate under seal

8

For lodging consignation

9

For producing or delivering up–

10

For uplifting bond of caution

1

Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:

a

Auditor’s fee on lodging account for taxation

b

Auditor’s fee for taxing accounts for expenses etc.

i

up to £400

ii

for every additional £100 or part thereof

2

Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid

3

Fee for cancellation of diet of taxation–

a

where written notice of cancellation received within three working days of diet, half of fee that would have been payable under item I1(b) of this Table

b

where written notice of cancellation received on the working day before or the day of the diet, three-quarters of fee that would have been payable under item I1(b) of this Table

1

Certified copy of proceedings for appeal to the House of Lords

2

Certifying of any other document (plus copying charges if necessary)

3

Recording, engrossing, extracting or copying– all documents:

a

By manuscript or typescript (exclusive of search fee)–

b

By copying by any other means (exclusive of search fee)–

4

Searches – for any search of records or archives:

a

For first half hour of time taken

b

For more than one half hour up to a maximum of two hours

c

For each half hour or part thereof in excess of two hours

d

Correspondence fee where applicable

5

Captions:

a

Marking caption when ordered

b

Warrant for caption when issued

6

Rolls of Court – annual subscription fee per copy including delivery