Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 19898.

In the Table of Fees in Chapter II of Schedule 6–

(a)

in paragraph 1–

(i)

for sub-paragraph (a), substitute–

“(a)

To cover all work from the taking of instructions to the conclusion of proceedings where no fee is payable under paragraph (b).

10”;

(ii)

for sub-paragraph (b), substitute–

“(b)

To cover all work from the taking of instructions to–

(i)

commence proceedings until the lodging of a Notice of Intention to Defend or the first appearance of the defender; or

(ii)

to defend proceedings until the date appointed for the lodging of defences, the making of an order dispensing with written defences, the first appearance of the defender or the issue of the usual procedural timetable (except as specifically provided below).

20”;

(b)

for paragraph 2 substitute–

“2.

Progress Fees–

(a)

(i)

To cover all additional work (including adjustment and attendance at Options Hearing) from the conclusion of the work in Paragraph 1 until the allowance of a Proof or Debate or other court hearing fixed for the purpose of settlement (except as specifically provided below);

19

(ii)

To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents and resulting, prior to the allowance of a Proof, Debate, or other court hearing fixed for the purpose of settlement, in the negotiated settlement of the action (except as specifically provided below); or

19

(iii)

To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents where, prior to the allowance of a Proof or Debate, or other court hearing fixed for the purpose of settlement, an outcome or disposal is effected (subject to a maximum charge of 10 units) (except as specifically provided below);

10

(b)

Fee to cover all work for the preparation and attendance at any Continued Options Hearing including the preparation of an amended Record.

2”;

(c)

in paragraph 4–

(i)

in sub-paragraph (i) after “invoked” insert “in terms of Chapter 10 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907”; and

(ii)

at the end, insert–

“(k)

Additional fee where the action involves–

(i)

a complex financial dispute leading to protracted negotiations;

(ii)

a complex pension sharing arrangement; or

(iii)

a contentious contact dispute.

4

(l)

Peremptory diet – fee to cover all work in connection with a peremptory diet (excluding attendance at court).

3”;

(d)

in paragraph 5–

(i)

for “(a) Preparation for proof fee” substitute “(a) Preparation for proof or evidential child welfare hearing”;

(ii)

in sub-paragraph (a)(i) and (ii) after “proof”, insert “or evidential child welfare hearing”;

(iii)

in sub-paragraph (a)(iii) for “lead” substitute “led”;

(iv)

after sub-paragraph (a), insert–

“(aa)

Preparation for Child Welfare Hearing

(i)

Fee to cover all work preparing for first hearing.

6

(ii)

Fee to cover all work preparing for each subsequent hearing.

3”;

(v)

omit sub-paragraph (c); and

(e)

in paragraph 6 for “referred to in paragraphs 5(a) to (e) above” substitute “not otherwise prescribed”.