SCHEDULE 3TABLE OF FEES

Article 2(2)(c), as read with article 1

Fees payable from 1st April 2010

Column 1

Column 2

Column 3

(Matters)

(Fee payable)

(Fee formerly payable14)

£

£

PART I – FEES IN THE CENTRAL OFFICE OF THE COURT

A. SIGNETING

Signeting of any writ or summons, if attendance is necessary outwith the normal office hours

105

100

B. GENERAL DEPARTMENT

1

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

180

175

2

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 an appearance in a course or proceeding other than a family action

180

175

3

Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership 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)

140

135

4

Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)

105

100

5

In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required.

Charge of the sheriff officer to serve document plus £10

Charge of the sheriff officer to serve document plus £10

6

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

140

135

7

Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed

60

60

8

Special case–

For each party

90

90

Maximum fee payable per case

365

355

9

Application by minute or motion for variation of an order in a family action

30

30

10

Answers or opposition to an application under item B9 of this Table

30

30

11

Letter of request to a foreign court

45

45

12

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

250

245

13

Reclaiming motion – fee payable by party enrolling motion

180

175

14

Closed record – fee payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined

90

85

15

Allowing proof, etc. – fee payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed

50

45

16

For the items in B17 to B25 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–

  • For every 30 minutes or part thereof

17

Proof or Procedure Roll (B16 applies)

45

45

18

Summar Roll (B16 applies)

45

45

19

Jury Trial (B16 applies)

45

45

20

Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (B16 applies)

45

45

21

Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (B16 applies)

100

95

22

Motion Roll hearing (B16 applies)

45

45

23

Single Bills hearing (B16 applies)

100

95

24

Outer House hearings out of hours (B16 applies)

55

55

25

Inner House hearings out of hours (B16 applies)

125

120

26

Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion

45

45

C. PETITION DEPARTMENT

1

Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 198215

180

175

2

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

105

100

3

Petition to be admitted as a notary public:

For each applicant

135

130

4

Petition to be admitted as a solicitor:

For each applicant

135

130

5

Answers, objection 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 proceeding to which item C1 of this Table applies

180

175

6

Caveat

45

45

7

Fiat

45

45

8

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

15

15

9

Issue of an abbreviate in sequestration

15

15

10

Reclaiming motion – fee payable by party enrolling motion

180

175

11

Closed record – fee payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined

90

85

12

Allowing proof, etc. – fee payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed

50

45

13

Registering orders for enforcement under section 426 of the Insolvency Act 198616

15

15

14

For the items in C15 to C23 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–

  • For every 30 minutes or part thereof

45

45

15

Proof or Procedure Roll (C14 applies)

45

45

16

Summar Roll (C14 applies)

45

45

17

Jury Trial (C14 applies)

45

45

18

Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (C14 applies)

45

45

19

Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (C14 applies)

100

95

20

Motion Roll hearing (C14 applies)

55

55

21

Single Bills hearing (C14 applies)

100

95

22

Outer House hearings out of hours (C14 applies)

55

55

23

Inner House hearings out of hours (C14 applies)

125

120

24

Fee payable by any party enrolling a motion or making a motion orally at the bar; and any party opposing any such motion

45

45

25

Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986

180

175

D. COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS

Appeal – inclusive fee

180

175

E. ELECTION COURT

1

Parliamentary election petition

180

175

2

Statement of matters

15

15

3

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

45

45

4

Certificate of judgement

45

45

F. LANDS VALUATION APPEAL COURT

1

Appeal – inclusive fee

180

175

2

Answers – inclusive fee

180

175

G. EXTRACTS DEPARTMENT

1

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

50

50

2

Extract of admission as a solicitor

45

40

3

Extract of protestation

45

40

4

Certificate under the Civil Jurisdiction and Judgments Act 1982

45

40

5

Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership:

a

Extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table

25

25

b

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

25

25

c

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

25

25

6

Extract from the Register of Acts and Decrees – per sheet or part thereof

25

25

7

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

25

25

8

Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 197017

45

40

9

Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 193818

45

40

PART II – FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT

H. OFFICE OF THE ACCOUNTANT OF COURT

I. In Factories

1

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

a

in Court of Session appointments

35

30

b

in Sheriff Court appointments

20

20

2

For examining factor’s inventory – 0.333% of the value of the estate as disclosed

a

minimum fee payable

25

20

b

maximum fee payable

610

590

3

For auditing each account–

a

basic fee

15

10

b

additional percentage fee on the factor’s commission as fixed (or what would have been the factor’s full commission if chargeable or fully allowed)

17.5%

17.5%

4

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

110

105

5

For report on scheme of division

110

105

6

For certificate under seal

25

25

II. In Consignations

7

For lodging consignation

20

20

8

For producing or delivering up consignation–

a

basic fee

20

20

b

additional fee for every £100 or part thereof uplifted

1

1

c

maximum fee payable

65

60

III. Liquidations

9

For uplifting bond of caution

5

5

PART III – FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION

I. OFFICE OF THE AUDITOR OF THE COURT OF SESSION

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:

a

Auditor’s fee on lodging account for taxation

35

35

b

Auditor’s fee for taxing accounts for expenses etc.

i

up to £400

20

20

ii

for every additional £100 or part thereof

5

5

Note: fee to be determined by the Auditor of the Court of Session on amount of account as submitted

2

Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid

240

230

3

Fee for cancellation of diet of taxation–

a

where written notice of cancellation received by receiving party after 4.00 pm on the fourth working day prior to the diet of taxation

50% of fee that would have been payable under item I1(b) of this Table

50% of fee that would have been payable under item I1(b) of this Table

b

where written notice of cancellation received by receiving party after 4.00 pm on the working day before or the day of the diet of taxation

75% of fee that would have been payable under item I1(b) of this Table

75% of fee that would have been payable under item I1(b) of this Table

PART IV – FEES COMMON TO ALL OFFICES

J. MISCELLANEOUS

1

Certified copy of proceedings for appeal to the House of Lords

180

175

2

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

15

15

3

Recording, extracting, engrossing or copying– all documents (exclusive of search fee)–

a

Copying of each document up to 10 pages

5

5

  • for each page or part thereof (in excess of 10 pages)

0.50

0.50

b

Copy of each document copied to CD or in electronic form

5

5

4

Searches – for any search of records or archives:

a

Up to 30 minutes

15

15

b

For more than 30 minutes up to 2 hours

35

35

c

For each additional 30 minutes (in excess of 2 hours)

10

10

d

In addition, correspondence fee where applicable

10

10

5

Captions:

a

Marking caption when ordered

10

10

b

Warrant for caption when issued

10

10