SCHEDULE 1FEES OF SOLICITORS FOR PROCEEDINGS IN THE COURT OF SESSION
1
Subject to the following paragraphs of this Schedule, fees shall be calculated in accordance with the Table of Fees in this Schedule.
2
In all cases an additional fee may be allowed at the discretion of the court to cover the responsibility undertaken by a solicitor in the conduct of the case. The court in deciding whether to allow such a fee and the auditor in determining such a fee shall take into account the following factors–
a
the complexity of the litigation and the number, difficulty or novelty of the questions involved;
b
the skill, specialised knowledge and responsibility required of and the time and labour expended by the solicitor;
c
the number and importance of the documents prepared or perused;
d
the place and circumstances of the litigation or in which the solicitor’s work of preparation for and conduct of it has been carried out;
e
the importance of the litigation or the subject matter thereof to the client;
f
the amount or value of money or property involved; and
g
any other fees and allowances payable to the solicitor in respect of other items in the same litigation and otherwise charged for in the account.
3
In all cases where by reason of the procedure involved or otherwise the inclusive fees set out in Chapter II of the Table of Fees in this Schedule are not conveniently applicable or do not properly cover the work involved, a solicitor may charge fees on the basis of Chapter I of the Table of Fees. In all other cases a solicitor shall have the option to charge fees either on the basis of Chapter I of the Table of Fees or on the basis of Chapter II thereof, but it shall not be competent to charge fees partly on one basis and partly on the other.
4
The auditor shall have power to increase or decrease any inclusive fee set out in Chapter II of the Table of Fees in this Schedule in any appropriate circumstances.
5
Without prejudice to the generality of paragraph 4 of this Schedule, the auditor shall have the power to apportion any fees set out in Chapter II of the Table of Fees in this Schedule between solicitors in appropriate circumstances or to modify any such fees in the case of a solicitor acting for more than one party in the same litigation or in case of the same solicitor acting in more than one litigation arising out of the same circumstances or in the event of the litigation being settled or disposed of at a stage when the work covered by any inclusive fee has not been completed.
6
In this Schedule, unless the context otherwise requires–
“the court” means the Court of Session; and
“session fee” means the fee set out in paragraph 21 of Part V of Chapter II of the Table of Fees in this Schedule.
DETAILED FEES
1. |
| £3.50 |
| £1.50 | |
| £5.50 | |
Note: |
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2. | Copying papers by any means | |
First copy– per sheet | £0.68 | |
Additional copies– per sheet | £0.29 | |
Note: | When copied by photostatic or similar process each page shall be charged as one sheet. | |
3. | Revising papers drawn by counsel, open and closed records etc. | |
For each five sheets or part thereof. | £1.50 | |
4. | Citation of parties, witnesses, havers, instructions to messengers-at-arms | |
Each party | £3.00 | |
Each witness or haver | £3.00 | |
Instructing messenger-at-arms including examining execution and settling fee | £3.00 | |
5. | Time charges | |
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Per half hour | £10.90 | |
or such other sum as in the opinion of the auditor is justified. | ||
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Per half hour | £5.95 | |
or such other sum as in the opinion of the auditor is justified. | ||
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| £1.50 | |
Lodging first step of process | £3.00 | |
Additional fee for making up and lodging process | £1.50 | |
Note: |
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6. | Correspondence | |
Letters (save as provided below) including instructions to counsel– each page of 125 words | £3.00 | |
Formal letters | £0.70 | |
Telegrams or telephone calls, including letters confirming | £1.50 | |
CHAPTER II | ||
PART I– UNDEFENDED ACTIONS (OTHER THAN CONSISTORIAL ACTIONS) | ||
1. | Inclusive fee to pursuer’s solicitor in all undefended cases where no proof is led, to cover all work from taking instructions up to and including obtaining extract decree | £63.50 |
PART II– UNDEFENDED CONSISTORIAL ACTIONS (OTHER THAN ACTIONS TO WHICH PART III APPLIES) | ||
1. | Fee for all work (other than precognitions) up to and including the calling of summons in court | £90.30 |
Note: | Precognitions to be charged as in Part V, paragraph 5 of this Chapter | |
2. | Incidental procedures | |
Fixing diet, enrolling action, preparation for proof, citing witnesses, etc. | £51.10 | |
3. | Amendment | |
| £12.90 | |
| £18.85 | |
| £23.85 | |
4. | Commissions to take evidence on interrogatories | |
| £18.85 | |
| £3.95 | |
5. | Commissions to take evidence on open commission | |
| £21.30 | |
| £10.90 | |
6. | Where applicable the fees set out in paragraphs 6, 7, 10, 14, 16 and 21 of Part V of this Chapter may be charged. | |
7. | Proof and completion fee– excluding accounts of expenses but including instructing counsel for proof, attendance at proof, settling with witnesses, borrowing and returning productions, procuring interlocutor, and obtaining extract decree of divorce | £63.50 |
8. | Accounts | |
Framing and lodging account and attending taxation | £20.35 | |
PART III– UNDEFENDED CONSISTORIAL ACTIONS: AFFIDAVIT PROCEDURE | ||
1. | In any undefended action of divorce or separation where– | |
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the pursuer’s solicitor may in respect of the work specified in column 1 of Table A in this paragraph charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and, in any other case, the inclusive fee specified in respect of that work in column 3 of that Table. |
Column 1 Work done | Column 2 Inclusive fee Edinburgh solicitor acting alone | Column 3 Inclusive fee any other case |
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| £131.65 | £150.50 |
| £94.05 | £112.85 |
| £28.20 | £42.30 |
| £253.95 | £305.65 |
Add session fee to item 4 | of 7½% | of 10% |
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the pursuer’s solicitor may in respect of the work specified in column 1 of Table B in this paragraph charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and, in any other case, the inclusive fee specified in respect of that work in column 3 of that Table. |
Column 1 Work done | Column 2 Inclusive fee Edinburgh solicitor acting alone | Column 3 Inclusive fee any other case |
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| £108.15 | £126.95 |
| £51.75 | £65.85 |
| £28.20 | £42.30 |
| £188.10 | £235.15 |
Add session fee to item 4 | of 7½% | of 10% |
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in addition to that fee, he may charge in respect of the work specified in column 1 of Table C in this paragraph the inclusive fee specified in respect of that work in column 2 of that Table. |
Column 1 Work done | Column 2 Inclusive fee |
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| £26.35 |
| £30.10 |
| £56.45 |
Add session fee to item 3 of 7½% in the case of an Edinburgh solicitor acting alone and 10% in any other case. |
PART IV– OUTER HOUSE PETITIONS | |
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A. Unopposed petitions | |
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| £133.00 |
| £185.60 |
Note: Outlays including duplicating charges to be allowed in addition. | |
B. Opposed petitions | |
| £90.30 |
Note: Outlays including duplicating charges to be allowed in addition. | |
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| £15.90 |
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| £15.90 |
PART V– DEFENDED ACTIONS | |
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| £125.05 |
| £13.40 |
| £26.35 |
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| £133.00 |
| £82.85 |
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| £13.40 |
| £10.90 |
| £39.20 |
| £58.50 |
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| £26.35 |
| £10.90 |
| £19.85 |
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| £25.35 |
| £6.95 |
| £3.00 |
| £25.35 |
| £6.95 |
| £3.00 |
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Taking and drawing precognitions– per sheet | £12.90 |
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| £27.80 |
| £3.95 |
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| £26.35 |
| £12.90 |
| £10.90 |
| £10.45 |
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| £53.10 |
| £42.70 |
| £15.90 |
| £3.95 |
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| £58.50 |
| £26.35 |
| £10.90 |
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| £6.95 |
| £19.85 |
| £10.90 |
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Fixing diet, obtaining note on the line of evidence, etc., borrowing and returning process, lodging productions, considering opponent’s productions, and all other work prior to the consultation on the sufficiency of evidence | £74.45 |
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| £19.85 |
| £6.95 |
| £28.80 |
| £13.40 |
| £67.95 |
| £37.25 |
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| £180.60 |
| £15.90 |
| £32.75 |
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Productions, reports of commissions, duplicate inventory, jury list, list of witnesses, Lord Ordinary’s opinion, etc.– as per Chapter I, paragraph 2. | |
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| £39.20 |
| £26.35 |
| £26.35 |
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Fee inclusive of joint minute (not based on a judicial tender) | £67.95 |
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Attendance fee– per half-hour | £10.90 |
| £47.65 |
| £9.95 |
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| £53.10 |
| £15.90 |
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PART VI– INNER HOUSE BUSINESS | |
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| £39.20 |
| £19.85 |
| £16.40 |
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| £47.65 |
| £23.35 |
| £16.35 |
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| £39.20 |
| £10.90 |
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According to circumstances of the case. | |
| £15.90 |
PART VII– ADMIRALTY AND COMMERCIAL CASES, SEQUESTRATIONS IN BANKRUPTCY,APPLICATIONS FOR SUMMARY TRIAL UNDER SECTION 10 OF THE ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1933(7) AND CASES REMITTED FROM THE SHERIFF COURT. | |
The fees shall be based on this Table of Fees according to the circumstances. |