The Civil Legal Aid (Scotland) (Fees) Regulations 1989

Regulation 5

SCHEDULE 2 FEES OF SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT

1.  Subject to the following provisions of this Schedule fees shall be calculated in accordance with the Table of Fees in this Schedule.

2.  Chapter III of the Table of Fees in this Schedule shall have effect subject to the following provisions:—

(a) in Parts I and II, in respect of paragraph 3 (attendance at court), no fee is allowable for attendance at a continuation of the first calling, unless specially authorised by the court;

(b) in Part I, in respect of paragraph 1 (instruction fee), in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the writ;

(c) in Part II, in respect of paragraph 7 (precognitions), in a case where a skilled witness prepares his own precognition or report half of the drawing fee is allowable to the solicitor for revising and adjusting it;

(d) in Part II, the fee allowable in respect of paragraph 14 (supplementary note of defence) is a fixed fee allowable when leave to lodge a supplementary note of defence is granted by the court;

(e) in Part II, in respect of paragraph 16 (final procedure), no fee shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision; and

(f) all fees chargeable under Chapter III in respect of the actions mentioned in the left hand column of the following table shall unless the sheriff, on a motion in that behalf, otherwise directs be reduced by the amount of the percentage specified opposite those actions in the right hand column of the table—

TABLE

Actions	Percentage reduction
1. Of a value from £50 to £250	25%
2. Of a value of less than £50	50%
3. For recovery of possession of heritable property	50%
4. Under the following enactments—	50%
(i) Tenancy of Shops (Scotland) Act 1949(1) and (ii) section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963(2)

Provided that for the purposes of this sub-paragraph “value”, in relation to any action in which a counter-claim has been lodged, is the total of the sums craved in the writ and in the counter-claim.

3.  In this Schedule “process fee” means the fee set out in paragraph 17 of Chapter II of the Table of Fees in this Schedule.

TABLE OF FEES

CHAPTER I — UNDEFENDED ACTIONS (OTHER THAN ACTIONS TO WHICH CHAPTER III OR IV 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 os granted without proof—
	Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree	£46.85
	In cases where settlement is effected after service of a writ but before the expiry of the period of notice	£40.40
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 to and including obtaining extract decree	£222.00
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(3) 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	£157.45
2.  All work from the period of notice to and including swearing affidavits	£112.50
3.  All work from swearing affidavits to and including sending extract decree	£33.75
4.  All work to and including sending extract decree	£303.75
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 these facts by measn 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 period of notice	£129.35
2.  All work from the period of notice to and including swearing affidavits	£61.90
3.  All work from swearing affidavits to and including sending extract decree	£33.75
4.  All work to and including sending extract decree	£225.00
Add process fee to item 4	of 10%

3. If—
	(a) the pursuer’s solicitor charges an inclusive fee under either paragraph 1 of 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 calling of notice	£61.25
2.  All work from the period of notice to and including swearing affidavits	£35.95
3.  All work under items 1 and 2	£97.30

CHAPTER II — DEFENDED ACTIONS (OTHER THAN ACTIONS TO WHICH CHAPTER III OR IV APPLIES)
1.	Instruction fee — to cover all work (except as hereinafter otherwise specially provided for in this Chapter) to the lodging of defences including copyings	£101.50
	Additional fee where separate statement of facts and counter claim answers lodged	£35.65
2.	Adjustment fee — to cover all work (except as hereinafter otherdwise specially provided for in this Chapter) in connection with the adjustment of the record including (when appropriate) closing thereof, making up and lodging closed record and copyings—
	(a) Fee to solicitor for any party	£151.90
	(b) Fee to each original party’s solicitor if action settled before record is closed	£101.50
	(c) Additional fee to each original party’s solicitor if additional defender brought in before closing of record	£17.80
	(d) Additional fee to each original party’s solicitor if additional defender brought in after closing of record	£25.50
3.	Fee for framing affidavits — per sheet	£6.60
4.	(a) Debate free — to include preparation for and conduct of any hearing on debate other than on evidence, enquiring for cause at avizandum and noting interlocutor—
	When debate does not exceed 1 hour	£76.05
	For every half hour engaged after the first hour	£17.80
	(b) Interim interdict hearings—
	Pursuer’s solicitor — the same fees as for debate fee above, but to include both the appearance at lodging of writ and the hearing at second diet.
	Defender’s solicitor’s fee where the debate does not exceed 1 hour	£44.45
5.	Precognitions — takimg amd drawing — per sheet	£15.40
Note:	Where a skilled witness prepares hiw own precognition or report, the solicitor shall be allowed half of above drawing fee for revising and adjusting it.
5A.	Reports obtained under order of court, excluding auditor’s report
	(a) Fee for all work incidental thereto	£33.25
	(b) Additional fee per sheet of report to include all copies required (maximum £33.05)	£4.75
6.	Commissions to take evidence
	(a) On interrogatories
	Fee to solicitor applying for commssion to include drawing, intimating and lodging motion, drawing and lodging interrogatories, instructing commissioner and all incidental work (except as otherwise specially provided for in this Chapter) but excluding attendance at execution of commission	£94.95
	Fee to opposing solicitor if cross-interrogatories prepared and lodged	£63.50
	If no cross-interrogatories lodged	£19.00
	(b) Open commissions
	Fee to solicitor applying for commission to include all work (except as otherwise specially provided for in this Chapter) up to lodging report of commission but excluding attendance thereat	£57.00
	Fee to solicitor for opposing party	£31.50
	Fee for attendance at execution of commission — per half hour	£17.80
	Travelling time — per half hour	£13.05
7.	Specification of documents
	Fee to cover drawing, intimating and lodging specification and relative motion and attendance at court debating specification	£39.20
	Inclusive fee to opposing solicitor	£25.45
	Fee for citation of havers, preparation for and attendance before commissioner at execution of commission—
	Where attendance before commissioner does not exceed 1 hour	£35.65
	For each additional half hour after the first hour	£17.80
	If commission not executed — fee for serving each party with a copy of specification to include recovering and examining documents or productions referred to therein	£7.80
8.	Amendment of record
	Fee to cover drawing, intimating and lodging minute of amendment and relative motion and relative attendance at court—
	(a) Where answers lodged	£43.35
	(b) Where no answers lodged	£28.55
	Inclusive fee to opposing solicitor—
	(a) Where answers lodged	£35.65
	(b) Where no answers lodged	£23.75
	Additional fee to solicitor for each party for adjustment of minute and answers, where applicable	£31.50
9.	Motions and minutes
	Fee to cover drawing, intimating and lodging any written motion or minute, including a reponing note, and relative attendances at court (except as otherwise provided for in this Chapter)—
	(a) Where opposed	£44.45
	(b) Where unopposed (including for each party a joint minute other than under paragraph 14(b))	£31.50
	Fee to cover considering opponent’s written motion, minute or reponing note and relative attendances at court—
	(a) Where motion, minute or reponing note opposed	£25.45
	(b) Where motion, minute or reponing note unopposed	£16.10
10.	Procedure preliminary to proof
	(a) Fee to cover fixing diet of proof, citation of witnesses, and generally preparing for trial or proof and if necessary instructing shorthand writer—
	(i) if action settled or abandoned not later than 14 days before the diet of proof	£111.20
	(ii) in any other proceedings	£185.30
	(b) Free to cover preparing for adjourned diet and all incidental work as in sub-paragraph (a) above if diet postponed for more than 6 days — for each additional diet	£38.00
	(c) Drawing and lodging and inventory of productions, lodging the productions specified therein, and considering opponent’s productions (to be charged once only in each process)	£16.10
	(d) Where only one party lodges productions, opponent’s solicitor’s fee for considering same	£8.35
11.	Conduct of proof
	Fee to cover conduct of proof and debate on evidence is taken at close of proof — per half hour	£17.80
	If counsel employed, fee to solicitor appearing wth counsel;—per half hour	£13.05
12.	Debate on evidence
	Where debate on evidence not taken at conclusion of proof, fee for preparing for debate	£31.50
	Fee for conduct of debate — per half hour	£17.80
	If counsel employed, fee to solicitor appearing with counsel — per half hour	£13.05
13.	Appeals
	(a) To sheriff principal
	Fee to cover instructions, marking of appeal or noting that appeal marked, noting diet of hearing thereof and preparation for hearing	£59.40
	Fee to cover conduct of hearing — per half hour	£17.80
	If counsel employed, fee to solicitor appearing with counsel — per half hour	£13.05
	(b) To Court of Session
	Fee to cover instructions, marking appeal or noting that appeal marked and instructing Edinburgh correspondents	£29.65
14.	Settlements
	(a) Judicial tender
	Fee for preparation and lodging or for consideration of minute of tender	£35.00
	Fee on acceptance of tender, to include preparation and lodging or consideration of minute of acceptance and attendance at court when decree granted in terms thereof	£26.15
	(b) Extra-judicial settlements
	Fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto	£59.40
15.	Final procedure
	Fee to cover settling with witnesses, enquiries for cause at avizandum, noting final interlocutor	£46.85
	Fee to cover drawing account of expenses, arranging, intimating and attending diet of taxation and obtaining approval of auditor’s report and adjusting account with opponent where necessary, ordering, procuring and examining extract decree	£38.00
	Fee to cover considering opponent’s account of expenses and attending diet of taxation on adjusting account with opponent	£11.90
16.	Copying fees
	Copying all necessary papers by any means—
	First copy — per sheet	£0.81
	Additional copies — per sheet	£0.34
Note:	A sheet shall be 250 words. When copied by photostatic or similar process, each page shall be charaged as one sheet.
17.	Process fee
	Fee to cover all consultations between solicitor and client during the progress of the cause and all communications, written or verbal, passing between them:
	10% on total fees (including copying fees) allowed on taxation.
18.	Fee for instruction of counsel
	Fee for instructing counsel to revise record	£19.50
	Fee for instructing counsel to conduct debate or proof	£39.20
	Fee for instructing counsel to conduct appeal to sheriff principal	£39.20
Note:	In each case to cover all consultations, revisal of papers and all incidental work.
CHAPTER III — SUMMARY CAUSE
Part I — Undefended actions
1.	Fee, to include taking instructions, framing summons and statement of claim, obtaining warrant for service, serving, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree and including posts and incidents	£35.00
2.	Service
	(a) Citation by post wheresoever after the first citation for each party	£4.00
	(b) Framing and instructing service by advertisement — for each party	£11.25
3.	Attendance at court	£11.25
Part II —Defended actions
1.	(a) Instruction fee for pursuer’s solicitor, to include taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for notice of intention to defend, attendance at first calling, noting defence (b) Instruction fee for defender’s solicitor, to include taking instructions (including instructions for a counter-claim) and all work up to an including attendance at first calling and stating a defence Such fee as appears to the auditor to provide reasonable remuneration for the work done but not to exceed the fee prescribed in sub-p[aragraph (a) above.	£48.10
2.	Service
	(a) Citation by post within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland — for each party	£4.00
	Citation by post elsewhere — for each party	£8.55
	(b) Instructing service or reservice by sheriff officer including perusing execution of citation and settling sheriff officer’s fee — for each party	£4.00
	(c) Framing and instructing service by advertisement — for each party	£12.50
3.	Attendance at court
	Attendance at any diet except as otherwise specifically provided	£12.50
4.	Preparing for proof, to include all work in connection with proof not otherwise provided for	£43.45
5.	Fee to cover preparing for adjourned diet and all incidental work if diet postponed for more than 6 days — for each adjourned diet	£21.75
6.	Drawing and lodging inventory of productions, lodging the productions specified therein and considering opponents' productions (to be charged once only in each process)	£18.50
	Where only one party lodges productions, opponent’s solicitor’s fee for considering same	£8.55
7.	Precognitions
	Drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence — per witness	£18.50
	Where precognition exceeds 2 sheets — for each additional sheet	£8.55
8.	Motions and minutes
	Fee to cover drawing, intimating and lodging of any written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court (except as otherwise provided in this Chapter)—
	(a) Where opposed	£26.40
	(b) Where unopposed (including for each party a joint minute or joint motion)	£15.85
9.	Fee to cover considering opponent’s written motion or minute excluding a minute or motion to recall decree, and relative attendance at court—
	(a) Where motion or minute opposed	£21.75
	(b) Where motion or minute unopposed	£12.50
10.	Conduct of proof
	Fee to cover conduct of proof and debate on evidence taken at close of proof — per half hour	£12.50
	Waiting time — per half hour	£6.65
11.	Settlements
	(a) Jucidial tender—
	Fee for consideration of, preparing and lodging minute of tender	£26.40
	Fee for consideration and rejection of tenders	£18.50
	Fee on acceptance of tender — to include preparing and lodging, or consideration of, minute of acceptance and attendance at court when decree granted in terms thereof	£18.50
	Extra-judicial settlement — fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto	£43.45
12.	Specification of documents
	(a) Fee to cover drawing, intimating and lodging specification of documents and relative motion and attendance at court	£21.75
	(b) Inclusive fee to opposing solicitor	£19.85
	(c) Fee to solicitor for each party for citation of havers, preparation for and attendance before commissioner — for each half hour	£12.50
	(d) If alternative procedure adopted, fee per person upon whom order served	£8.55
13.	Commission to take evidence
	(a) Fee to cover drawing, lodging and intimating motion and attendance at court—
	(i) Where opposed	£26.40
	(ii) Where unopposed	£15.85
	(b) Fee to cover considering such motion and attendance at court—
	(i) Where opposed	£21.75
	(ii) Where unopposed	£12.50
	(c) Fee to cover instructing commissioner and citing witness	£12.50
	(d) Fee to cover drawing and lodging interrogatories and cross-interrogatories — per sheet	£8.55
	(e) Attendance before commissioner — per hour	£11.90
	Travelling time — per hour	£7.95
14.	Supplementary note of defence (when leave granted to lodge)	£8.55
15.	Appeals
	Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof and preparations for hearing	£59.40
	Fee to cover conduct of hearing — per half hour	£12.50
16.	Final Procedure
	Fee to cover settling with witnesses, enquiries at avizandum, noting final interlocutor	£26.40
	Fee to cover drawing account of expenses, arranging, intimating and attending hearing on expenses, and obtaining approval of sheriff clerk’s report	£26.40
	Fee to cover considering opponent’s account of expenses and attendance at hearing on expenses	£12.50
EXECUTRY BUSINESS
CHAPTER IV
1.	Petition for decree dative
	Inclusive fee for taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publications, attendance at court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition	£26.70
2.	Restriction of Caution
	Inclusive fee for taking instructions to prepare petition drawing petition and making necessary copies, lodging, instructing advertiwement and all matters incidental to petition	£26.70
3.	Fees for other work shall be chargeable according to Schedule 3

(1)

1949 c. 25

(2)

1963 c. 22; section 3 was amended by the Divorce (Scotland) Act 1976 (c. 39), section 8, by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 14 and by S.I. 1985/626

(3)

1976 c. 39