The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003

Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

5.  For regulation 5(1) and (2) substitute –

“(1) A solicitor’s fees in relation to proceedings in the Court of Session shall be calculated in accordance with Schedule 5.

(2) A solicitor’s fees in relation to proceedings in the sheriff court–

(a) shall, subject to sub-paragraphs (b) and (c), be calculated in accordance with chapters I and II of Schedule 6;

(b) which are listed in Schedule 7 shall be calculated in accordance with Schedule 5; and

(c) which consist of a summary cause or executry business shall be calculated in accordance with chapter III or IV respectively of Schedule 2.

(2A) For the purpose of calculating the fees set out in Schedule 6, a unit has the value of £19.

(2B) Where a solicitor does work which comes within chapter I of Schedule 6 (undefended cases) and, in the same case, does work which comes within chapter II of that Schedule (defended cases) the fee for all work in that case shall be calculated on the basis of the fees set out in chapter II of that Schedule.

(2C) Subject to paragraph (2D), the Board may at its discretion allow a fee additional to the fees prescribed in chapter II of Schedule 6 where it is satisfied that any of the circumstances prescribed in chapter III of that Schedule exist, and have a significant effect on the conduct of the case.

(2D) The additional fee allowable in accordance with paragraph (2C) shall be 10 per cent of the fee authorised by chapter II of Schedule 6 in respect of each of the circumstances specified in chapter III of that Schedule, up to a maximum in any case of 40 per cent of that fee.

(2E) Fees for sequestration in bankruptcy (other than summary sequestrations) or proceedings under the Children (Scotland) Act 1995(1) shall be chargeable only on the basis of Schedule 3 and fees for summary sequestrations shall be chargeable only on the basis of 80 per cent of the fees in that Schedule.”.

(1)

1995 c. 36.