The Civil Legal Aid (Scotland) (Fees) Regulations 1987

Regulation 7

SCHEDULE 3 FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION

1.  Subject to the following provisions of this Schedule, fees shall be calculated in accordance with the Table of Fees in this Schedule.

2.  Where the Table of Fees in this Schedule does not prescribe a fee for any class of proceedings or any item of work, the auditor shall allow such fee as appears to him appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the said Table of Fees.

3.  Where the Table of Fees in this Schedule prescribes a range of fees, the auditor shall (subject to paragraphs 4 and 5 of this Schedule) allow such fee within that range as appears to him to provide reasonable remuneration for the work.

4.  The auditor shall have power to increase any fee set out in the Table of Fees in this Schedule where he is satisfied that because of the particular complexity or difficulty of the work or any other particular circumstances such an increase is necessary to provide reasonable remuneration for the work.

5.  The auditor shall have power to reduce any fee set out in the Table of Fees in this Schedule where he is satisfied that because of any particular circumstances a reduced fee is sufficient to provide reasonable remuneration for the work.

TABLE OF FEES

CHAPTER I–JUNIOR COUNSEL
PART I–UNDEFENDED ACTIONS OF DIVORCE OR SEPARATION-AFFIDAVIT PROCEDURE
1.  Summons or other initiating writ
(a) Subject to sub-paragraph (b) below the fees shall be–
(i) Where the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976((1)) are relied on	£21.00
(ii) Where the facts set out in section 1(2)(a) (adultery) or section 1(2)(c) (desertion) of the said Act are relied on and the action is not straightforward	£21.00
(iii) Where the facts set out in the said section 1(2)(a) (adultery) or section 1(2)(c) (desertion) are relied on and the action is straightforward	£17.00
(iv) When the facts set out in section 1(2)(d) (2 years' non-cohabitation and consent) or 1(2)(e) (5 years' non-cohabitation) of the said Act are relied on	£17.00
(b) Where common law interdict and/or any order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981((2)) or any other ancillary order is also sought, the fee shall be within the following range:—
From	£21.00
To	£39.50
2.  Minute
(a) Minute involving arrangements for a child or children and/or financial provision	£16.00
(b) Any other minute	£12.00
3.  By Order Roll appearance	£12.00
4.  All other work
The fees specified in Part IV shall apply.
PART II–CONSISTORIAL ACTIONS OTHER THAN THOSE TO WHICH PART I APPLIES
1.  Summons or other initiating writ
The fees specified in Part I shall apply.
2.  Minute for pursuer relating to custody, aliment or access	£17.50
3.  Defences or answers
(a) Defences or answers in purely skeleton form to preserve rights of parties	£10.00
(b) Answers to minute	£16.00
(c) The fee for defences or answers to which sub-paragraphs (a) or (b) do not apply shall be within the following range:—
From	£17.00
To	£35.50
4.  Joint minute regulating custody, aliment or access
Framing or adjusting the minute	£15.50
5.  By order roll appearance	£12.00
6.  All other work
The fees specified in Part IV shall apply.
PART III–PETITIONS
1.  Petition (including any revisals thereto)
(a) Petition for interdict	£45.00
(b) Other Outer House petitions	£29.50
(c) Inner House petition: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work.
2.  Answers (including any revisals thereto)
(a) Petition for interdict	£45.00
(b) Other Outer House petitions	£27.50
(c) Inner House petitions: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work.
3.  All other work
The fees specified in Part IV shall apply.
PART IV–ORDINARY ACTIONS
1.  Summons (including any revisals thereto)
(a) Straightforward cases	£37.50
(b) Other cases	£49.50
2.  Defences (including any revisals thereto)
(a) Where in purely skeleton form to preserve rights of parties	£10.00
(b) Otherwise the fee shall be within the following range, having regard to nature of summons:—
From	£37.50
To	£49.50
3.  Adjustment of record
(a) Adjustment fee (each occasion)	£16.00
(b) Additional adjustment fee, where skeleton defences require to be amplified, where additional parties are introduced, etc.	£37.50
4.  Specification of documents
Standard calls only	£16.00
5.  Minutes, etc.
(a) Formal amendments or answers	£14.50
(b) Amendments or answers other than formal	£25.50
(c) Revising and signing tender or acceptance	£6.00
(d) Note of exceptions	£16.00
(e) Abandonment, sist, restriction, etc.	£7.50
(f) Issue or counter issue	£7.50
6.  Notes
(a) Note on quantum only	£39.50
(b) Note advising on tender or extra-judicial offer, where not merely confirming advice at consultation	£45.00
(c) Note on line of evidence	£45.00
(d) The fee for other types of note shall be within the following range:—
From	£15.50
To	£45.00
7.  Consultations
(a) Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion–
(i) Junior alone	£55.00
(ii) Junior with Senior	£29.50
(b) Other consultations–
(i) Junior alone	£45.00
(ii) Junior with Senior	£25.50
8.  Motions
(a) Unopposed motions on By Order (Adjustment) Roll, etc.	£7.50
(b) Opposed motions:—
Attendance for up to half hour	£16.00
Attendance for each subsequent half hour or part thereof	£12.00
(c) Motions on By Order Roll (including advice)	£14.50
9.  Procedure Roll, proof or jury trial
(a) Junior alone– per day	£163.50
(b) Junior with Senior– per day	£124.00
10.  Inner House
(a) Single Bills
(i) Unopposed	£12.00
(ii) Opposed–
Attendance for each half hour or part thereof	£17.50
(b) Reclaiming motion
(i) Junior opening or appearing alone– per day	£173.50
(ii) Junior otherwise– per day	£134.00
(c) Motion for new trial
(i) Junior alone– per day	£173.50
(ii) Junior with Senior– per day	£134.00
11.  Attendance at judgement
(a) Outer House	£14.50
(b) Inner House	£17.50
CHAPTER II–SENIOR COUNSEL CONSISTORIAL ACTIONS, PETITIONS AND ORDINARY ACTIONS
1.  Revisal of pleadings
(a) Revisal of summons, defences, petition or answers	£65.00
(b) Adjustment fee (open record) (each occasion)	£25.50
2.  Minutes, etc.– revisal fees
(a) Amendments (other than formal) or answers	£27.50
(b) Admissions, tender or acceptance (in appropriate cases)	£7.50
(c) Note of exceptions	£7.50
3.  Notes
(a) Note on quantum only	£59.50
(b) Advice on tender or extra-judicial offer where not merely confirming advice at consultation	£65.00
(c) Note on line of evidence (revisal)	£65.00
(d) The fee for other notes shall be within the following range:—
From	£20.00
To	£65.00
4.  Consultations
(a) Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion	£79.00
(b) Other consultations	£65.00
5.  Day in court
(a) Inner House– per day	£233.00
(b) Outer House– per day	£217.50

(1)

1976 c. 39.

(2)

1981 c. 59.