The Court of Session etc. Fees Amendment Order 1988

1

Appeal, summons, or other writ or step by which any cause, or proceeding, other than consistorial, is originated in either the Inner or Outer House—fee (to comprehend signeting in normal office hours)

2

Writ by which a consistorial cause is originated (other than a simplified divorce application)—inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this table, and to the defender, if appropriate, of a duplicate thereof)

3

Simplified divorce application (inclusive of all procedure other than that specified in iterm B4 of this table)

4

In relation to a simplified divorce application, citation of any person under rule 159(1)(a) or (b), as read with rule 170I, of the Rules annexed to the Act of Sederunt (Rules of Court, consolidation and amendment) 1965, or intimation to any person or persons under the said rule 159(1)(a) or (b) as applied by rule 160(1), all as read with rule 170I, of those Rules, where such intimation is required by the court

5

Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a cause of proceeding

6

Special case—

a

Where two parties only

b

For each additional party

7

Minute by either party for variation of an order in a consistorial cause

8

Letter of request to a foreign court

9

Citation of each jury, to include outlays incurred in citing and countermanding—payable on receipt of instructions for issue of precept

10

Reclaiming motion—fee payable by party enrolling motion

11

Closed record—fee payable by ech party on the lodging of the closed record

1

petition of whatever nature presented to Inner or Outer House other than a perition under item C3 of this table, whether in rspect of the first or any subsequent step of process, and any application for registration or recognition of a judgement from a Contracting State under the Civil Jurisdiction and Judgement Acts 19825

2

Additional fee payable when a petition in terms of item C1 of this table is presented outwith normal office hours

3

Petition to be admitted as a notary public:

a

Where there is one applicant

b

For each additional applicant

4

Answers, objections or other writ (including a joint minute) or step in process of enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this table applies

5

Caveat

6

Fiat

7

Registering office copies of orders of courts in England and Wales or Northern Ireland

8

Authentication by judge of act of warrant in terms of section 70 of the bankruptcy (Scotland) Act 19136

9

Issue of an abbreviate in sequestration

10

Entry in teind roll of redemption of standard charge or of change of ownership of lands over which a standard charge has been constituted

11

Reclaiming motion—fee payable by party enrolling motion

1

Parliamentary election petition

2

Statement of matters

3

Any other petition, application, answers or objections submitted to the court

4

Certificate of judgement

1

Appeal—inclusive fee

2

Answers—inclusive fee

1

Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise

2

Extract of admission as a solicitor

3

Extract of protestation

4

Certificate under Judgments Extension Act 18687 or under the Civil Jurisdiction and Judgments Act 1982

5

Documentation evidencing divorce, nullity or dissolution of marriage:

a

Extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B2 or B3 of this table

b

Certificate of divorce in decree pronounced prior to 23rd September 1975

c

Certified copy interlocutor in decree pronounced prior to 23rd September 1975

6

Extract from the Register of Acts and Decrees—per sheet of 250 words

7

Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise

1

For registering case and receiving and delivering up bond of caution—

• in Court of Session appointments

2

For examining factor’s inventory—

• 0.333% of the value of the estate is disclosed

• Minimum fee payable

3

For auditing each account

• basic fee

4

For reporting re discharge, special powers or on other special matters

4A

For granting consent in terms of section 2(4) of the Trusts (Scotland) Act 19618

5

For report on scheme of division:

• basic fee

6

For certificate under seal

7

For application for inclusion in the list of interim trustees

8

a

For registering award of sequestration and interim trustee’s appointment

b

For registering copy act and warrant

9

For supervising proceedings in sequestration:

• percentage fee on amount to be divided amongst preferred and ordinary creditors

10

For any special report to court

11

For considering and issuing deliverance in appeal against trustee’s commission:—

• basic fee

12

For auditing the accounts and fixing the commission of interim trustees, permanent trustees and trustees under voluntary trust deeds:—

• basic fee

13

For examination of the sederunt book and related work

14

For granting certificate of discharge to interim trustee

15

For granting certificate of discharge to debtor

16

For report on bankrupt’s petition for discharge

17

a

For any consent in sequestration, other than is referred to at paragraph (b) below

b

For concurrence in private sale of heritage under the Bankruptcy (Scotland) Act 1913

18

For calling meetings of creditors:—

• basic fee

19

For attendance at meetings of creditors:—

• fee per person per hour or part thereof, including travelling time

20

For work in relation to protected trust deeds

21

For lodging consignation

22

For producing or delivering up:

• basic fee

23

For receiving and uplifting bond of caution

1

Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:

• under £50

1

Certified copy of proceedings for appeal to the House of Lords

2

Certifying of any other document (plus copying charges if necessary)

3

Recording, engrossing, extracting or copying all documents:

a

By manuscript or tyhpescript—per sheet of 250 words

b

By copying by electrical or mechanical means—

• first copy: each of first 10 pages

4

Searches for any search of rcords or archives:

a

For first half hour of time taken

b

For more than one half hour up to a maximum of two hours

c

For each half hour or part thereof in excess of two hours

d

Plus correspondence fee where applicable

5

Captions:

a

Marking caption when ordered

b

Warrant for caption when issued

6

Rolls of Court—annual subscription fee per copy including delivery of same