The Civil Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 1988

CHAPTER I UNDEFENDED ACTIONS (OTHER THAN ACTIONS TO WHICH CHAPTER IV OR V APPLIES)

Part I All actions except those actions of divorce or separation and aliment to which Part II applies

1.	Actions (other than those specified in paragraph 2 of this Part) in which decree is granted without proof—
	Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree	£43.00
	In cases where settlement is effected after service of a writ but before the expiry of the period of notice	£37.05
2.	Actions of separation and aliment (not being actions to which Part II of this Chapter applies), adherence and aliment or custody and aliment where proof takes place—
	Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree	£203.65

Part II Actions of divorce or separation and aliment where proof is by means of affidavits

1.

In any undefended action of divorce or of separation and aliment where— (a) the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 are relied upon; and (b) the pursuer seeks to prove those facts by means of affidavits— the pursuer’s solicitor may in respect of the work specified in column 1 of Table A in this paragraph charge the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE A

	Column 1	Column 2
	Work done	Inclusive fee
	1.  All work to and including the period of notice	£144.45
	2.  All work from the period of notice to and including swearing affidavits	£103.20
	3.  All work from swearing affidavits to and including sending extract decree	£30.95
	4.  All work to and including sending extract decree	£278.65
	Add process fee to item 4	of 10%
2.	In any undefended action of divorce or separation and aliment where— (a) the facts set out in section 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five years' non-cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and (b) the pursuer seeks to prove those facts by means of affidavits— the pursuer’s solicitor may in respect of the work specified in column 1 of Table B in this paragraph charge the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE B

	Column 1	Column 2
	Work done	Inclusive fee
	1.  All work to and including the period of notice	£118.65
	2.  All work from the period of notice to and including swearing affidavits	£56.80
	3.  All work from swearing affidavits to and including sending extract decree	£30.95
	4.  All work to and including sending extract decree	£206.40
	Add process fee to item 4	of 10%
3.	If— (a) the pursuer’s solicitor charges an inclusive fee under either paragraph 1 or paragraph 2 of this Part; and (b) the action to which the charge relates includes a crave relating to an ancillary matter— 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.

TABLE C

Column 1	Column 2
Work done	Inclusive fee
1.  All work to and including the period of notice	£56.20
2.  All work from the period of notice to and including swearing affidavits	£33.00
3.  All work under items 1 and 2	£89.25