Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2003

Precognitions / Expert Reports / Factual Reports1

a

Taking and drawing precognitions, per sheet

b

Perusal fee for consideration of Reports (whether or not in the course of doing so he revises or adjusts it), half thereof, per sheet

Pre-Litigation Fee2

All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings particularly to include communications between parties in relation to areas of medical/quantum/discussion re settlement or such other sum as in the opinion of the Auditor is justified

Instruction3

a

To cover all work (except as otherwise specially provided for in this Chapter) from commencement to the lodging of Defences

b

Specification of Documents per Form 43.2-B

c

In the event of the Summons being drafted without the assistance of Counsel or a Solicitor-Advocate such further fee will be allowed as the Auditor considers appropriate

d

Instructing re-service where necessary

e

If counterclaim lodged, additional fee for each party to include Answers

f

Arranging commission to recover documents, citing havers, instructing Commission and shorthand writer and preparation for commission

g

Attendance at execution of commission, to include travelling, per quarter hour of

g

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

h

Fee for perusal of documents recovered under a specification of Documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour

Record4

a

All work in connection with adjustment and closing of record

b

All work as above, so far as applicable, where cause settled or disposed of before record closed

c

If consultation held before record closed, additional fees may be allowed as follows–

i

arranging consultation

ii

attendance at consultation, to include travelling, per quarter hour

d

Additional fee to sub-paragraph (a) or (b), (to include necessary Amendments) to the pursuer and existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of

e

If an additional pursuer, defender or third party is brought in after the record is closed, an additional fee shall be allowed to the existing pursuer and the existing defender or defenders, each of

Valuation of claim5

a

Fee to cover Note on Quantum/Valuation of Claim

b

Opponent’s fee for inspection of Valuation of Claim

c

Inspection of documents, per quarter hour

Adjustment of issues and counter-issues6

a

All work in connection with and incidental to the lodging of an issue, and adjustment and approval of it

b

If one counter-issue, additional fee to pursuer of

By Order Roll/Variation of timetable order/Adjustment on Final Decree/Interim Payment of Damages7

a

Fee to cover preparing and instruction of Counsel, to include attendance not exceeding half an hour

b

Thereafter attendance fee, per additional quarter hour

c

In the event of a separate Advising/Opinion and all work incidental thereto

Reports obtained under order of court excluding Auditor’s Report8

a

All work incidental to it

b

Additional fee for perusal of report, per quarter hour or such other sum as in the opinion of the Auditor is justified

Incidental Procedure9

(not chargeable prior to approval of issue or allowance of proof) Noting diet, obtaining note on the line of evidence, etc, borrowing and returning process, consultation on the sufficiency of evidence

Specification of documents (if further Specification considered necessary)10

a

Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor

b

Fee to opponent

c

Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission

d

Attendance at execution of commission, per quarter hour, of

e

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

f

Fee for perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour

Commission to take evidence on interrogatories11

a

Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories

b

Fee to opponent if cross-interrogatories lodged

c

Fee to opponent if no cross-interrogatories lodged

d

In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies, of

Commission to take evidence on open commission12

a

Applying for commission up to and including lodging report of commission, but excluding sub-paragraph (c)

b

Fee to opponent

c

Fee for attendance at execution of commission, to include travelling, per quarter hour, of

Miscellaneous motions and minutes where not otherwise covered by this Part13

a

Where attendance of counsel and/or solicitor not required

b

Where attendance of counsel and/or solicitor required inclusive of instruction of counsel, not exceeding half hour

c

Thereafter attendance fee, per quarter hour

d

Instructing counsel for a minute/note on further procedure (if applicable), revising and lodging as a separate step in process including any necessary action

e

Perusing a minute of admission or abandonment/note ordered by Court/notice of grounds

Amendment of record14

a

Amendment of conclusions only, fee to proposer

b

Amendment of conclusions only, fee to opponent

c

Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer

d

In same circumstances, fee to opponent

e

Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers

f

Fee for adjustment of minute and answers, where applicable, to be allowed in addition to each party, of

Copying15

For the copying of papers by whatever means–

a

where a copy is required to be lodged, or sent, in pursuance of any Rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and he may make different provision for different classes of case); and

b

in any other case, if the Auditor determines (either or both) that–

i

the copying had to be done in circumstances which were in some way exceptional;

ii

the papers which required to be copied were unusually numerous having regard to the nature of the cause, such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person in copying shall not be allowed).

Notes:1

Where a determination is required under sub-paragraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account.

2

Copying done other than in the place of business of the solicitor shall be shown as an outlay.

Preparation for proof or jury trial16

(to include fixing consultation on the sufficiency of evidence, fee-funding precept, citing witnesses, all work checking and writing up process and preparing for proof or jury trial)

a

If action settled before proof or jury trial, or lasts only one day, to include where applicable, instruction of counsel

b

For each day or part of day after the first, including instruction of counsel

c

Preparing for adjourned diets and all work incidental to it as in sub-paragraph (a), if adjourned for more than five days

d

If consultation held before proof or jury trial, attendance at it, per quarter hour

Pre-trial meeting17

a

Fee arranging pre-trial meeting (each occasion)

b

Fee preparing for pre-trial meeting

c

Fee attending pre-trial meeting, per quarter hour

d

Joint Minute of pre-trial meeting–

i

in respect of Section 1 only

ii

in respect of Sections 1 and 2 only

iii

in respect of Sections 1 and 3 only

iv

in respect of Sections 1, 2 and 3 only

Hearing limitation fee18

For any work undertaken to limit matters in dispute not otherwise provided for – subject to details being provided

Settlement19

a

Settlement by tender

i

Lodging or considering first tender

ii

Lodging or considering each further tender

iii

If tender accepted, an additional fee to each accepting party

b

Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender or joint minute) to include preparation and lodging of joint minute

c

The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement, of

d

If consultation held to consider tender, extrajudicial settlement (not based on judicial tender) or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour

Proof or jury trial20

Attendance fee, per quarter hour

Accounts21

a

Preparation of judicial account, to include production of vouchers and adjustment of expenses

b

Perusal of points of objections, per quarter hour

c

Attendance at taxation, per quarter hour

Ordering and obtaining extract22

Final procedure23

a

If case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial, to include all work to close of cause so far as not otherwise provided for

b

In any other case