Explanatory Note
(This note is not part of the Act of Sederunt)
This Act of Sederunt:–
(1) replaces the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989 but does not alter the fees in that Act of Sederunt which were last amended by the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1993 except–
(a)for the fees in paragraph 1(a) and (b) of Chapter 1 of the Table of Fees (certain undefended actions) which are increased from £74.80 and £61.90 to £100 and £80 respectively to avoid unnecessary taxations and to bring these fees more into line with the Court of Session equivalent fee (the inclusive fee does not represent a higher fee than a solicitor could charge by making a detailed charge); and
(b)for the new provision mentioned in paragraph 3(b) below;
(2) makes changes to the General Regulations formerly in the 1989 Act of Sederunt and now in this Act of Sederunt, namely,
(a)adding a new factor (factor (vii)) which may be taken into account in fixing an increased fee under regulation 5(b);
(b)removing an anomaly in regulation 5(c) so as to give the sheriff a general power to find a party who does not proceed, liable in expenses to any other party who has incurred expense in preparation;
(c)allowing for two consultations with counsel instead of one in regulation 12; and
(d)making other alterations of a minor nature;
(3) provides in Chapter II of the Table of Fees–
(a)in Part I for fees for causes commenced on or before 31st December 1993, being the current fees in the 1989 Act of Sederunt as amended by S.I. 1990/716, 1991/848, 1992/748 and 1993/898; and
(b)in Part 2 for fees in respect of defended ordinary causes commenced on or after 1st January 1994.
Part 2 of Chapter II is required because of the new procedures introduced by the Ordinary Cause Rules 1993 in the Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993 [S.I. 1993/1956]. Under the new rules more work is required to be done by a solicitor at the instruction stage, and the principal solicitor for a party will normally require to attend the Options Hearing which is a new interim hearing to determine the future progress and course of a cause. The fees in Part 2 have been adjusted to reflect the new procedures and have in all cases been rounded to multiples of 50p.