Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No. 4) 2002

1

Instructions fee, to include taking instructions (including instructions for a counterclaim), framing summons and statement of claim, obtaining warrant for service, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree

2

Service–

a

Citation by post within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland – for each party

b

Instructing service or reservice by sheriff officer including perusing execution of citation and settling sheriff officer’s fee – for each party

c

Framing and instructing service by advertisement – for each party

3

Attendance at court–

Attendance at any diet except as otherwise specially provided

4

Preparing for proof, to include all work in connection with proof not otherwise provided for

5

Fee to cover preparing for adjourned diet and all incidental work if diet for more than six days – for each adjourned diet

6

a

Drawing and lodging inventory of productions, lodging the productions specified therein and considering opponent’s productions (to be charged only once in each process)

b

Where only one party lodges productions, opponent’s charges for considering same

7

Precognitions–

a

Drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence – per witness

b

Where precognitions exceed 2 sheets – for each additional sheet

8

Motions and minutes–

Fee to cover drawing, intimating and lodging of any written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court (except as otherwise provided in this Chapter)–

a

Where opposed

b

Where unopposed (including for each party a joint minute or joint motion)

9

Fee to cover considering opponent’s written motion or minute excluding minute or motion to recall decree and relative attendance at court–

a

Where motion or minute opposed

b

Where motion or minute unopposed

10

Conduct of proof–

a

Fee to cover conduct of proof or trial and debate on evidence taken at close of proof – per half hour

b

Waiting time – per half hour

11

Settlements–

a

Judicial tender, fee for consideration of, preparing and lodging minute of tender

i

Fee for consideration and rejection of tenders

ii

Fee on acceptance of tender – to include preparing and lodging, or consideration of minute of acceptance and attendance at court when decree granted in terms thereof

b

Extra-judicial settlement – fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto

12

Specification of documents–

a

Fee to cover drawing, intimating and lodging specification of documents and relative motion and attendance at court

b

Inclusive fee to opposing solicitor

c

Fee for citation of havers, preparation for and attendance before commissioner, to each party – for each half hour

d

If alternative procedure adopted, a fee per person upon whom order served

13

Commissions to take evidence–

a

Fee to cover drawing, lodging and intimating motion and attendance at court

i

Where opposed

ii

Where unopposed

b

Fee to cover considering such motion and attendance at court

i

Where opposed

ii

Where unopposed

c

Fee to cover instructing commissioner and citing witness

d

Fee to cover drawing and lodging interrogatories and cross-interrogatories – per sheet

e

Attendance before commissioner – per hour

f

Travelling time – per hour

14

Supplementary note of defence (when ordered)

15

Appeals–

a

Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof and preparation for hearing

b

Fee to cover conduct of hearing – per half hour

16

Final Procedure–

a

Fee to cover settling with witnesses, enquiring for cause at avizandum, noting final interlocutor

b

Fee to cover drawing account of expenses, arranging, intimating and attending hearing on expenses, and obtaining approval of sheriff clerk’s report

c

Fee to cover considering opponents' account of expenses and attendance at hearing on expenses