Act of Sederunt (Fees of Solicitors in the Court of Session and Sheriff Court Amendment) (Pursuers’ Offers) 2017

Made28th February 2017

Laid before the Scottish Parliament2nd March 2017

Coming into force3rd April 2017

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 20131, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 105(1) and 106(1) of the Courts Reform (Scotland) Act 20142 and all other powers enabling it to do so.

Citation and commencement, etc.1

1

This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Court of Session and Sheriff Court Amendment) (Pursuers’ Offers) 2017.

2

It comes into force on 3rd April 2017.

3

A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session2

1

The Rules of the Court of Session 19943 are amended in accordance with this paragraph.

2

In rule 42.16(3) (table of fees), in Chapter III of the Table of Fees—

a

in Part V (defended actions)4, for paragraph 21 (settlement), substitute—

21.
Settlement
(a)
Judicial tender or pursuer’s offer—
(i)
lodging or considering first tender or pursuer’s offer
234.00
(ii)
lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings
156.00
(iii)
considering each further tender or pursuer’s offer
156.00
(iv)
if tender accepted, additional fee to each accepting party
156.00
(v)
if pursuer’s offer accepted, additional fee to offering party
156.00
(b)
Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute
390.00
(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
624.00
(d)
If consultation held to consider tender, pursuer’s offer, extrajudicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour
39.00

Settlement
(a)	Judicial tender or pursuer’s offer—
	(i)	lodging or considering first tender or pursuer’s offer	234.00
	(ii)	lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings	156.00
	(iii)	considering each further tender or pursuer’s offer	156.00
	(iv)	if tender accepted, additional fee to each accepting party	156.00
	(v)	if pursuer’s offer accepted, additional fee to offering party	156.00
(b)	Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute	390.00
(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	624.00
(d)	If consultation held to consider tender, pursuer’s offer, extrajudicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour	39.00

b

in Part VA (defended personal injury actions commenced on or after 1 April 2003)5, for paragraph 21 (settlement), substitute—

21.
Settlement
(a)
Judicial tender or pursuer’s offer—
(i)
lodging or considering first tender or pursuer’s offer
234.00
(ii)
lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings
156.00
(iii)
considering each further tender or pursuer’s offer
156.00
(iv)
if tender accepted, additional fee to each accepting party
156.00
(v)
if pursuer’s offer accepted, additional fee to offering party
156.00
(b)
Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute
390.00
(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
624.00
(d)
If consultation held to consider tender, pursuer’s offer, extrajudicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour
39.00

Settlement
(a)	Judicial tender or pursuer’s offer—
	(i)	lodging or considering first tender or pursuer’s offer	234.00
	(ii)	lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings	156.00
	(iii)	considering each further tender or pursuer’s offer	156.00
	(iv)	if tender accepted, additional fee to each accepting party	156.00
	(v)	if pursuer’s offer accepted, additional fee to offering party	156.00
(b)	Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute	390.00
(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	624.00
(d)	If consultation held to consider tender, pursuer’s offer, extrajudicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour	39.00

Amendment of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 19933

1

Schedule 1 of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 19936 is amended in accordance with this paragraph.

2

In Part II of Chapter II of the Table of Fees (defended ordinary actions, commercial actions and family actions)7—

a

for paragraph 26 (settlements), substitute—

26.
Settlements
(a)
Judicial tender or pursuer’s offer—
(i)
preparing and lodging, or considering first tender or pursuer’s offer
234.00
(ii)
preparing and lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings
156.00
(iii)
considering each further tender or pursuer’s offer
156.00
(iv)
if tender accepted, additional fee to each accepting party to include preparation and lodging of minute of acceptance of tender and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)
117.00
(v)
if pursuer’s offer accepted, additional fee to offering party to include consideration of minute of acceptance and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)
117.00
(b)
Extrajudicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion)
292.50
(c)
Whether or not fees are payable under (a) or (b) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed, a fee not exceeding
292.50

Settlements
(a)	Judicial tender or pursuer’s offer—
	(i)	preparing and lodging, or considering first tender or pursuer’s offer	234.00
	(ii)	preparing and lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings	156.00
	(iii)	considering each further tender or pursuer’s offer	156.00
	(iv)	if tender accepted, additional fee to each accepting party to include preparation and lodging of minute of acceptance of tender and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)	117.00
	(v)	if pursuer’s offer accepted, additional fee to offering party to include consideration of minute of acceptance and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)	117.00
(b)	Extrajudicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion)	292.50
(c)	Whether or not fees are payable under (a) or (b) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed, a fee not exceeding	292.50

b

in paragraph 30(c) (instruction of counsel or solicitor advocate), after “solicitor advocate” insert “, including consultation held to consider tender, pursuer’s offer or extrajudicial settlement, or with a view to settlement”.

3

In Part IIA of Chapter II of the Table of Fees (defended personal injuries actions proceeding under Part A1 of Chapter 36 of the Ordinary Cause Rules)8—

a

for paragraph 24 (settlements), substitute—

24.
Settlements
(a)
Judicial tender or pursuer’s offer—
(i)
preparing and lodging, or considering first tender or pursuer’s offer
234.00
(ii)
preparing and lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings
156.00
(iii)
considering each further tender or pursuer’s offer
156.00
(iv)
if tender accepted, additional fee to each accepting party to include preparation and lodging of minute of acceptance of tender and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)
117.00
(v)
if pursuer’s offer accepted, additional fee to offering party to include consideration of minute of acceptance and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)
117.00
(b)
Extrajudicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion)
292.50
(c)
Whether or not fees are payable under (a) or (b) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed, a fee not exceeding
292.50

Settlements
(a)	Judicial tender or pursuer’s offer—
	(i)	preparing and lodging, or considering first tender or pursuer’s offer	234.00
	(ii)	preparing and lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings	156.00
	(iii)	considering each further tender or pursuer’s offer	156.00
	(iv)	if tender accepted, additional fee to each accepting party to include preparation and lodging of minute of acceptance of tender and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)	117.00
	(v)	if pursuer’s offer accepted, additional fee to offering party to include consideration of minute of acceptance and attendance at court when decree granted (not including drawing, intimating and lodging any written motion)	117.00
(b)	Extrajudicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion)	292.50
(c)	Whether or not fees are payable under (a) or (b) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed, a fee not exceeding	292.50

b

in paragraph 28(c) (instruction of counsel or solicitor advocate), after “solicitor advocate” insert “, including consultation held to consider tender, pursuer’s offer or extrajudicial settlement, or with a view to settlement”.

Saving4

Paragraphs 2 and 3 do not affect the fees payable as regards any work carried out before 3rd April 2017.

CJM SUTHERLANDLord PresidentI.P.D.Edinburgh28th February 2017

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Court of Session and Sheriff Court Tables of Fees to include provision regarding the fees that may be charged under an award of expenses in connection with the preparation, lodging, consideration and acceptance of pursuers’ offers.