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Civil Legal Aid – undefended actions – except actions of divorce or separation and aliment: applying to fees for work done or outlays incurred on or after 22 March 2021

Part 2 of Chapter 1 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

SCHEDULE 6

TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT

CHAPTER 1

SHERIFF COURT CIVIL FEES (UNDEFENDED)

Note: Per regulation 5(2A) as amendedby SSI 2021 No 56 in force 22 March 2021 the value of the unit for the fees set out in Schedule 6 is £22.72

Notes on the operation of Chapter I

Payment of the fees set out in the table in this chapter is subject to the following provisions.

1. A fee is payable under paragraph 2 of Part I where it can be demonstrated that following the grant of legal aid significant work was undertaken by the solicitor by way of negotiation with the opponent and/or the opponent's solicitor. Where this fee is claimed the work done must be clearly documented on the file, for perusal, if required, by the Board.

2. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on any of the paragraphs within Part I are a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.

3. The fee provided in paragraph 2 of Tables A to C includes all the costs incurred in the swearing of affidavits, including defender's affidavits where appropriate.

4. A fee is payable under either Table A or Table B. The fee under Table C relating to matters ancillary to those in Tables A and B is payable only once.

5. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 6.

6. In addition to the fees payable under Part II of this chapter, travel time is payable at £7.87 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–

(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;

(b) the solicitor's attendance is necessary for the advancement of the case;

(d) when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).

7. Travel expenses may be incurred only where travel time is chargeable.

8. Where it would be more cost effective to travel by public transport the solicitor shall do so.

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

Work done		Inclusive Fee in Units
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.		10
Note: In cases where settlement is effected after service of a writ but before the expiry of the period of notice.		5
Additional fee to cover–
(a)	drawing, intimating and lodging any written motion for or minute (including any Motion for an interim Order)or diligence, including the first quarter hour of argument, even if involving appearances on different dates (to include instructing service and implementation);	6
(b)	thereafter, waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour.	1
To framing all necessary affidavits per sheet (to include notarial fee unless on cause shown the affidavit cannot be notarised within the principal agent's firm, in which case a fee to the external notary is 1 unit).		1
Note: Charges levied by notaries outwith the United Kingdom shall be payable according to the circumstances of the case; and
affidavits in this Part do not include those required to prove a divorce.
Report Fee – to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either–
(i)	where the report is commissioned by the solicitor for the assisted person; or
(ii)	where the report is commissioned by order of Court.
Attendance at Hearing – Paragraph 19 of the Notes on the operation of Chapter II in relation to the calculation of time shall apply in relation to attendance of a hearing under Part II of Chapter I.
2. Actions of separation and aliment (not being actions to which Part III of this chapter applies) or residence and aliment where proof takes place–
inclusive fee to cover all work from taking instructions up to and including obtaining extract decree.		20