Fees allowable to solicitors5.

(1)

A solicitor’s fees in relation to proceedings in the Court of Session shall be calculated in accordance with Schedule 1.

(2)

A solicitor’s fees in relation to proceedings in the sheriff court shall be calculated in accordance with Schedule 2.

(3)

A solicitor’s fees in relation to proceedings in the House of Lords, Restrictive Practices Court or Employment Appeal Tribunal shall be calculated in accordance with Chapter I of the Table of Fees in Schedule 1.

(4)

A solicitor’s fees in relation to proceedings in the Scottish Land Court shall be calculated in accordance with Chapter III of the Table of Fees in Schedule 2.

(5)

(a)

Subject to sub-paragraphs (b) and (c) hereof, a solicitor’s fees in relation to proceedings in the Lands Tribunal for Scotland shall be calculated in accordance with Chapter III of the Table of Fees in Schedule 2;

(b)

Subject to sub-paragraph (c) hereof, the Board may, where circumstances warrant it, decide that such fees shall be calculated in accordance with Chapter I of the Table of Fees in Schedule 1 and they shall be calculated accordingly;

(c)

In relation to any proceedings where the Lands Tribunal for Scotland have, in terms of rule 33 of the Lands Tribunal for Scotland Rules 1971(2), made an order as to taxation of expenses between party and party–

(i)

where that order required taxation according to the fees payable in the Court of Session, a solicitor’s fees shall be calculated for purposes of these Regulations in accordance with Chapter I of the Table of Fees in Schedule 1; and

(ii)

where that order required taxation according to the sheriff court table of fees, a solicitor’s fees shall be calculated for purposes of these Regulations in accordance with Chapter III of the Table of Fees in Schedule 2.

(6)

Where work done by a solicitor constitutes a supply of services in respect of which value-added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this regulation an amount equal to the amount of value-added tax chargeable.