SCHEDULE 6Amendments to schedule 4 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
PART 2SENIOR COUNSEL
FAMILY ACTIONS, PETITIONS (INCLUDING JUDICIAL REVIEW, ABDUCTION AND ADOPTION) AND ORDINARY ACTIONS
1. | Drafting or revisal of pleadings | ||
(a) | drafting of summons, defences, petition or answers | £437.75 - £515.00 | |
(b) | revisal of summons, defences, petition or answers | £154.50 | |
(c) | adjustment fee (open record) (each occasion) | £128.75 | |
2. | Minutes, etc. – revisal fees | ||
(a) | amendments (other than formal) or answers | £206.00 | |
(b) | admissions, tender or acceptance (in appropriate cases) | £77.25 | |
(c) | note of exceptions | £103.00 | |
3. | Notes | ||
(a) | note on liability and/or quantum | £231.75 - £566.50 | |
(b) | advice on tender or extra‑judicial offer when not merely confirming advice at consultation | £206.00 | |
(c) | note on line of evidence | £309.00 -£618.00 | |
(d) | other notes | £231.75 | |
4. | Consultations | ||
before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion with senior alone or with senior and junior | £309.00-£566.50 | ||
5. | Pre-trial meetings | ||
Pre-trial meetings with opponent with a view to settlement of case (to include preparation of minute of pre-trial meeting and any associated joint minute) | £669.50 | ||
6. | Day in court | ||
(a) | Inner House including appeal under section 163, 164 or 165 of the 2011 Act19 | £1,545.00 | |
(b) | Outer House | £1,390.50 | |
7. | Time engaged in necessary travel | ||
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken | £103.00 | ||
8. | Accommodation and associated subsistence | ||
Payment of necessary accommodation and associated subsistence per day | £103.00 | ||
TABLE OF FEES B Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland | ||||
|---|---|---|---|---|
PART 1 JUNIOR COUNSEL | ||||
1. | Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland) | £283.25 | ||
2. | Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland) | £231.75 | ||
3. | Adjustment of pleadings | |||
Adjustment fee (each occasion) | £69.53 | |||
4. | Specification of documents | |||
(a) | straightforward cases | £46.35 | ||
(b) | other cases | £113.30 | ||
5. | Minutes, etc. | |||
(a) | formal amendments or answers | £46.35 | ||
(b) | amendments or answers other than formal | £118.45 | ||
(c) | drafting, revising and signing tender or acceptance | £46.35 | ||
(d) | note of exceptions | £41.20 | ||
(e) | abandonment, sist, restriction, etc. | £41.20 | ||
6. | Notes | |||
(a) | note on liability and/or quantum | £139.05 -£324.45 | ||
(b) | note advising on tender or extra-judicial offer, where not merely confirming advice at consultation | £113.30 | ||
(c) | note on line of evidence | £185.40 -£370.80 | ||
(d) | other notes | £139.05 | ||
7. | Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 200720 | |||
(a) | petition | £283.25 | ||
(b) | minute for revocation of permanence order or other minute in the adoption process | £231.75 | ||
(c) | revising each affidavit | £46.35 | ||
(d) | hearing to set timetable or determine procedure | £46.35 | ||
8. | ||||
Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral | £231.75 | |||
Written application under section 110 of the 2011 Act for review of grounds of determination | £231.75 | |||
9. | Motions | |||
Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof | £46.35 | |||
10. | Time engaged in necessary travel | |||
Supplementary fee chargeable where necessary travel undertaken | £103.00 | |||
11. | Accommodation and associated subsistence | |||
Payment of necessary accommodation and associated subsistence per day | £103.00 | |||
Junior with senior | Junior alone | |||
12. | Consultations (including joint consultations with opponent with a view to negotiating settlement) | |||
Before proof, or otherwise involving a significant degree of preparation or lengthy discussion | £185.40 -£278.10 | £231.75-£370.80 | ||
13. | Child welfare hearing | |||
Attendance up to half hour, and for each subsequent half hour or part thereof | £41.20 | £56.65 | ||
14. | Hearings under Part II of Chapter 3 of the Children (Scotland) Act 1995 | |||
(a) | under section 55 to defend an application for a child assessment order | £41.20 | £56.65 | |
(b) | under section 60(7) for an application to set aside or vary a child protection order | £41.20 | £56.65 | |
(c) | under section 67 to defend a warrant for further detention of a child | £41.20 | £56.65 | |
14A. | Applications to the sheriff under the 2011 Act | |||
(a) | under section 48 to vary or terminate a child protection order | £41.20 | £56.65 | |
(b) | under section 98 to extend or vary an interim compulsory supervision order | £41.20 | £56.65 | |
(c) | under section 99 to further extend or vary an interim compulsory supervision order | £41.20 | £56.65 | |
(d) | under section 166 to review a decision or determination to impose a duty on a local authority | £41.20 | £56.65 | |
15. | Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) | |||
(a) | up to 20 days | £643.75 | £834.30 | |
(b) | subsequent days | £579.38 | £750.87 | |
16. | Appeal to the Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) | £669.50 | £875.50 | |
17. | Any other hearing where no other fee is specified | |||
Attendance for up to half hour, and for each subsequent half hour or part thereof | £56.65 | |||
PART 2 SENIOR COUNSEL | |||
|---|---|---|---|
1. | Revisal of pleadings | ||
(a) | revisal of initial writ, defences, petition or answers | £139.05 | |
(b) | adjustment fee (open record) (each occasion) | £115.88 | |
2. | Other revisal fees | ||
(a) | amendments (other than formal) or answers | £185.40 | |
(b) | admissions, tender or acceptance (in appropriate cases) | £69.53 | |
3. | Notes | ||
(a) | note on liability and/or quantum | £208.58 -£515.00 | |
(b) | advice on tender or extra-judicial offer where not merely confirming advice at consultation | £278.10 | |
(c) | note on line of evidence | £278.10 -£556.20 | |
(d) | other notes | £208.58 | |
4. | Consultations (including joint consultations with opponent with a view to negotiating settlement) | ||
Before proof, or otherwise involving a significant degree of preparation or lengthy discussion | £278.10 -£515.00 | ||
4A. | Applications to the sheriff under the 2011 Act23 | ||
(a) | under section 48 to vary or terminate a child protection order | £84.98 | |
(b) | under section 98 to extend or vary an interim compulsory supervision order | £84.98 | |
(c) | under section 99 to further extend or vary an interim compulsory supervision order | £84.98 | |
(d) | under section 166 to review a decision or determination to impose a duty on a local authority | £84.98 | |
5. | Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 199524 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) | ||
(a) | up to 20 days | £1,251.45 | |
(b) | subsequent days | £1,126.31 | |
6. | Appeal to Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) | £1,339.00 | |
7. | Time engaged in necessary travel | ||
Supplementary fee chargeable where necessary travel undertaken | £103.00 | ||
8. | Accommodation and associated subsistence | ||
Payment of necessary accommodation and associated subsistence per day | £103.00 | ||