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

Regulation 5

SCHEDULE 1 FEES OF SOLICITORS FOR PROCEEDINGS IN THE COURT OF SESSION

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

2.  In all cases an additional fee may be allowed at the discretion of the court to cover the responsibility undertaken by a solicitor in the conduct of the case. The court in deciding whether to allow such a fee and the auditor in determining such a fee shall take into account the following factors–

(a) the complexity of the litigation and the number, difficulty or novelty of the questions involved;

(b) the skill, specialised knowledge and responsibility required of and the time and labour expended by the solicitor;

(c) the number and importance of the documents prepared or perused;

(d) the place and circumstances of the litigation or in which the solicitor’s work of preparation for and conduct of it has been carried out;

(e) the importance of the litigation or the subject matter thereof to the client;

(f) the amount or value of money or property involved; and

(g) any other fees and allowances payable to the solicitor in respect of other items in the same litigation and otherwise charged for in the account.

3.  In all cases where by reason of the procedure involved or otherwise the inclusive fees set out in Chapter II of the Table of Fees in this Schedule are not conveniently applicable or do not properly cover the work involved, a solicitor may charge fees on the basis of Chapter I of the Table of Fees. In all other cases a solicitor shall have the option to charge fees either on the basis of Chapter I of the Table of Fees or on the basis of Chapter II thereof, but it shall not be competent to charge fees partly on one basis and partly on the other.

4.  The auditor shall have power to increase or decrease any inclusive fee set out in Chapter II of the Table of Fees in this Schedule in any appropriate circumstances.

5.  Without prejudice to the generality of paragraph 4 of this Schedule, the auditor shall have the power to apportion any fees set out in Chapter II of the Table of Fees in this Schedule between solicitors in appropriate circumstances or to modify any such fees in the case of a solicitor acting for more than one party in the same litigation or in case of the same solicitor acting in more than one litigation arising out of the same circumstances or in the event of the litigation being settled or disposed of at a stage when the work covered by any inclusive fee has not been completed.

6.  In this Schedule, unless the context otherwise requires–

“the court” means the Court of Session; and

“session fee” means the fee set out in paragraph 21 of Part V of Chapter II of the Table of Fees in this Schedule.

TABLE OF FEES

CHAPTER 1

DETAILED FEES

1.	(a) Framing precognitions and other papers (not affidavits), not drawn by counsel– per sheet	£3.50
	(b) Framing formal documents such as inventories, title pages and accounts of expenses etc.– per sheet	£1.50
	(c) Framing affidavits– per sheet	£5.50
Note:	(i) The sheet throughout this Table of Fees shall consist of 250 words or numbers.
	(ii) The solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself.
(iii) Where a skilled witness prepares his own precognition or report the solicitor shall be allowed half drawing fees for revising and adjusting it.
	(iv) Where the business can properly be performed by a local solicitor the auditor in taxing an account shall allow such expenses as would have been incurred if it had been done by the nearest local solicitor, including reasonable fees for instructing and corresponding with him, unless the auditor is satisfied that it was in the interests of the client that the solicitor in charge of the case should attend personally.
2.	Copying papers by any means
	First copy– per sheet	£0.68
	Additional copies– per sheet	£0.29
Note:	When copied by photostatic or similar process each page shall be charged as one sheet.
3.	Revising papers drawn by counsel, open and closed records etc.
	For each five sheets or part thereof.	£1.50
4.	Citation of parties, witnesses, havers, instructions to messengers-at-arms
	Each party	£3.00
	Each witness or haver	£3.00
	Instructing messenger-at-arms including examining execution and settling fee	£3.00
5.	Time charges
	(a) Attendance at meetings, preparation for proof, trial or debate, attendance at court, consultation with counsel, etc.–
	Per half hour	£10.90
	or such other sum as in the opinion of the auditor is justified.
	(b) Perusal of documents–
	Per half hour	£5.95
	or such other sum as in the opinion of the auditor is justified.
	(c) Allowance for time of clerk– one half of the fee in sub-paragraph (a) or (b) above.
	(d) Attendance at court offices for performance of formal work (other than lodging process or first step of process).	£1.50
	Lodging first step of process	£3.00
	Additional fee for making up and lodging process	£1.50
Note:	(i) Time necessarily occupied in travelling to be regarded as if occupied on business.
	(ii) In the event of a party in a trial or proof being represented by one counsel only, allowance may be made to the solicitor should the case warrant it for the attendance of a clerk at one-half the rate chargeable for the solicitor’s attendance.
6.	Correspondence
	Letters (save as provided below) including instructions to counsel– each page of 125 words	£3.00
	Formal letters	£0.70
	Telegrams or telephone calls, including letters confirming	£1.50
CHAPTER II
PART I– UNDEFENDED ACTIONS (OTHER THAN CONSISTORIAL ACTIONS)
1.	Inclusive fee to pursuer’s solicitor in all undefended cases where no proof is led, to cover all work from taking instructions up to and including obtaining extract decree	£63.50
PART II– UNDEFENDED CONSISTORIAL ACTIONS (OTHER THAN ACTIONS TO WHICH PART III APPLIES)
1.	Fee for all work (other than precognitions) up to and including the calling of summons in court	£90.30
Note:	Precognitions to be charged as in Part V, paragraph 5 of this Chapter
2.	Incidental procedures
	Fixing diet, enrolling action, preparation for proof, citing witnesses, etc.	£51.10
3.	Amendment
	(a) Where summons amended, where re-service is not ordered, and motion is not starred	£12.90
	(b) Where summons amended, where re-service is not ordered and motion is starred	£18.85
	(c) Where summons amended and re-service is ordered	£23.85
4.	Commissions to take evidence on interrogatories
	(a) Basic fee to cover all work up to and including lodging completed interrogatories	£18.85
	(b) Additional fee for completed interrogatories, including all copies– per sheet	£3.95
5.	Commissions to take evidence on open commission
	(a) Basic fee to solicitor applying for commission but excluding attendance at execution thereof	£21.30
	(b) Attendance at execution of commission– per half hour	£10.90
6.	Where applicable the fees set out in paragraphs 6, 7, 10, 14, 16 and 21 of Part V of this Chapter may be charged.
7.	Proof and completion fee– excluding accounts of expenses but including instructing counsel for proof, attendance at proof, settling with witnesses, borrowing and returning productions, procuring interlocutor, and obtaining extract decree of divorce	£63.50
8.	Accounts
	Framing and lodging account and attending taxation	£20.35
PART III– UNDEFENDED CONSISTORIAL ACTIONS: AFFIDAVIT PROCEDURE
1.	In any undefended action of divorce or separation where–
	(a) the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976((1)) are relied upon; and
	(b) the pursuer seeks to prove those facts by means of affidavits–
	the pursuer’s solicitor may in respect of the work specified in column 1 of Table A in this paragraph charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and, in any other case, the inclusive fee specified in respect of that work in column 3 of that Table.

TABLE A

Column 1 Work done	Column 2 Inclusive fee Edinburgh solicitor acting alone	Column 3 Inclusive fee any other case
1.  All work to and including calling of the summons	£131.65	£150.50
2.  All work from calling to and including swearing affidavits	£94.05	£112.85
3.  All work from swearing affidavits to and including sending extract decree	£28.20	£42.30
4.  All work to and including sending extract decree	£253.95	£305.65
Add session fee to item 4	of 7½%	of 10%
2.  In any undefended action of divorce or separation where–
(a) the facts set out in section 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five years' non-cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and
(b) the pursuer seeks to prove these facts by means of affidavits–
the pursuer’s solicitor may in respect of the work specified in column 1 of Table B in this paragraph charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and, in any other case, the inclusive fee specified in respect of that work in column 3 of that Table.

TABLE B

Column 1 Work done	Column 2 Inclusive fee Edinburgh solicitor acting alone	Column 3 Inclusive fee any other case
1.  All work to and including calling of the summons	£108.15	£126.95
2.  All work from calling to and including swearing affidavits	£51.75	£65.85
3.  All work from swearing affidavits to and including sending extract decree	£28.20	£42.30
4.  All work to and including sending extract decree	£188.10	£235.15
Add session fee to item 4	of 7½%	of 10%
3.  If–
(a) the pursuer’s solicitor charges an inclusive fee under either paragraph 1 or paragraph 2 of this Part, and
(b) the action to which the charge relates includes a conclusion relating to an ancillary matter–
in addition to that fee, he may charge in respect of the work specified in column 1 of Table C in this paragraph the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE C

Column 1 Work done	Column 2 Inclusive fee
1.  All work to and including calling of the summons	£26.35
2.  All work from calling to and including swearing affidavits	£30.10
3.  All work under items 1 and 2	£56.45
Add session fee to item 3 of 7½% in the case of an Edinburgh solicitor acting alone and 10% in any other case.

PART IV– OUTER HOUSE PETITIONS
A. Unopposed petitions
1.  Fee for all work, including precognitions and all copyings, up to and obtaining extract decree–
(a) in the case of an Edinburgh solicitor acting alone	£133.00
(b) in any other case	£185.60
Note: Outlays including duplicating charges to be allowed in addition.
B. Opposed petitions
2.  Fee for all work (other than precognitions)up to and including lodging petition, obtaining and executing warrant for service	£90.30
Note: Outlays including duplicating charges to be allowed in addition.
3.  Where applicable, the fees set out in paragraphs 5, 6, 7, 10, 12, 14, 18, 19, 20 and 21 of Part V of this Chapter may be charged.
4.  Reports–
(a) For each report by Accountant of Court	£15.90
(b) For any other report as under Part V, paragraph 6 of this Chapter.
5.  Obtaining Bond of Caution	£15.90
PART V– DEFENDED ACTIONS
1.  Instruction fee
(a) To cover all work (apart from precognitions) until lodgement of open record	£125.05
(b) Instructing re-service where necessary	£13.40
(c) If counter-claim lodged, additional fee for solicitor for each party	£26.35
2.  Record fee
(a) To cover all work in connection with adjustment and closing of record including subsequent work in connection with By Order Adjustment Roll	£133.00
(b) To cover all work as above, so far as applicable, where action settled or disposed of before record closed	£82.85
(c) If consultation held before record closed, additional fees may be allowed as follows:—
(i) Arranging consultation	£13.40
(ii) Attendance at consultation– per half hour	£10.90
(d) Additional fee (to include necessary amendments) to the solicitors for the existing pursuer and each existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of	£39.20
(e) Additional fee to the solicitors for existing pursuer and each existing defender, to be allowed for each pursuer, defender, or third party brought in after the record is closed, each of	£58.50
3.  Procedure Roll or Debate Roll
(a) Preparing for discussion and all work incidental thereto including instruction of counsel	£26.35
(b) Attendance at court– per half-hour	£10.90
(c) Advising and work incidental thereto	£19.85
4.  Adjustment of issues and counter-issues
(a) Fee to solicitor for pursuer to include all work in connection with and incidental to the lodging of an issue, and adjustment and approval thereof	£25.35
(b) If one counter-issue, additional fee to solicitor for pursuer	£6.95
(c) If more than one counter-issue, additional fee to solicitor for pursuer for each additional counter-issue	£3.00
(d) Fee to solicitor for defender or third party for all work in connection with lodging of counter-issue and adjustment and approval thereof	£25.35
(e) Fee to solicitor for defender or third party for considering issue where no counter-issue lodged	£6.95
(f) Fee to solicitor for defender or third party for considering each additional counter-issue	£3.00
5.  Precognitions
Taking and drawing precognitions– per sheet	£12.90
Note: (i) In addition each solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself.
(ii) Where a skilled witness prepares his own precognition or report the solicitor shall be allowed, for revising and adjusting it, half of the taking and drawing fee per sheet.
6.  Reports obtained under order of court excluding auditor’s report
(a) Fee for all work incidental thereto	£27.80
(b) Additional fee per sheet of report to include all copies required (maximum £27.60)	£3.95
7.  Specification of documents
(a) Basic fee to cover instructing counsel, revising and lodging and all incidental procedures to obtain a diligence up to and including obtaining interlocutor	£26.35
(b) Fee to opponent’s solicitor	£12.90
(c) If commission executed, additional fee– per half hour	£10.90
(d) If alternative procedure adopted, fee per person upon whom order served	£10.45
8.  Commission to take evidence on interrogatories
(a) Basic fee to solicitor applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories	£53.10
(b) Basic fee to opposing solicitor if cross-interrogatories lodged	£42.70
(c) Fee to opposing solicitor if no cross-interrogatories lodged	£15.90
(d) Additional fee to solicitor for each party for completed interrogatories or cross-interrogatories, including all copies– per sheet	£3.95
9.  Commission to take evidence on open commission
(a) Basic fee to solicitor applying for commission up to and including lodging report of commission, but excluding attendance at execution thereof	£58.50
(b) Basic fee to opposing solicitor	£26.35
(c) Attendance at execution of commission– per half hour	£10.90
10.  Miscellaneous motions where not otherwise covered by this Chapter
(a) Where attendance of counsel and/or solicitor not required	£6.95
(b) Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel– not exceeding half hour	£19.85
(c) Thereafter attendance fee– per additional half hour	£10.90
11.  Incidental procedure (not chargeable prior to approval of issue or allowance of proof)
Fixing diet, obtaining note on the line of evidence, etc., borrowing and returning process, lodging productions, considering opponent’s productions, and all other work prior to the consultation on the sufficiency of evidence	£74.45
12.  Amendment of record
(a) Amendment of conclusions only– fee to solicitor for pursuer	£19.85
(b) Amendment of conclusions only– fee to solicitor for opponent	£6.95
(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged– fee to solicitor for proposer	£28.80
(d) In same circumstances– fee to solicitor for opponent	£13.40
(e) Amendment of pleadings after record closed where answers are lodged– fee for solicitor for each party lodging answers	£67.95
(f) Fee for adjustment of minute and answers, where applicable, to be allowed in addition to solicitor for each party	£37.25
13.  Preparation for trial or proof to include fixing consultation on the sufficiency of evidence and attendance thereat, fee-funding precept, adjusting minute of admissions, citing witnesses, all work checking and writing up process, and preparing for trial or proof
(a) If action settled before trial or proof, or the trial or proof lasts only one day, to include, where applicable, instruction of counsel	£180.60
(b) For each day or part of a day after the first, including instruction of counsel	£15.90
(c) To cover preparing for adjourned diet and all work incidental as in (a), if diet postponed more than 5 days	£32.75
14.  Copying
Productions, reports of commissions, duplicate inventory, jury list, list of witnesses, Lord Ordinary’s opinion, etc.– as per Chapter I, paragraph 2.
15.  Settlement by tender– fees for solicitor for either party
(a) Basic fee for lodging, or for considering, first tender	£39.20
(b) Fee for lodging, or for considering, each further tender	£26.35
(c) Additional fee if tender accepted	£26.35
16.  Extra-judicial settlement
Fee inclusive of joint minute (not based on a judicial tender)	£67.95
17.  Proof or trial
Attendance fee– per half-hour	£10.90
18.  Accounts– to include framing and lodging account, intimating diet, and attending taxation, uplifting account and noting and intimating taxations	£47.65
19.  Ordering and obtaining extract	£9.95
20.  Final procedure
(a) If case goes to trial or proof, to include all work to close of litigation, so far as not otherwise provided for, including in particular settling with witnesses and procuring and booking verdict, or attendance at judgement	£53.10
(b) If case disposed of before trial or proof	£15.90
21.  Session fee– to cover communications with client and counsel
(a) Where no correspondent– 7½% of total fees (including copying fees) allowed on taxation
(b) Where correspondent involved– 10% of total fees (including copying fees) allowed on taxation.
PART VI– INNER HOUSE BUSINESS
1.  Reclaiming motions
(a) Fee for solicitor for appellant for all work up to interlocutor sending case to roll	£39.20
(b) Fee for solicitor for respondent	£19.85
(c) Additional fee for solicitor for each party for every 50 pages of appendix	£16.40
2.  Appeals from inferior courts
(a) Fee for solicitor for appellant	£47.65
(b) Fee for solicitor for respondent	£23.35
(c) Additional fee for solicitor for each party for every 50 pages of appendix	£16.35
3.  Summar or Short Roll
(a) Preparing for discussion, instructing counsel, and preparing appendix	£39.20
(b) Attendance fee– per half-hour	£10.90
4.  Where applicable the fees set out in Part V of this Chapter may be charged.
5.  Special cases and Inner House petitions
According to circumstances of the case.
6.  Obtaining Bond of Caution	£15.90
PART VII– ADMIRALTY AND COMMERCIAL CASES, SEQUESTRATIONS IN BANKRUPTCY,APPLICATIONS FOR SUMMARY TRIAL UNDER SECTION 10 OF THE ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1933((2)) AND CASES REMITTED FROM THE SHERIFF COURT.
The fees shall be based on this Table of Fees according to the circumstances.

(1)

1976 c. 39.

(2)

1933 c. 41.