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Civil Legal Aid – where no action raised or action is undefended: applying to fees for work done or outlays incurred on or after 1 April 2022 but before 29 April 2023

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 amended by SSI 2022 No 30 in force 1 April 2022 the value of the unit for the fees set out in Schedule 6 is £23.86

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 £8.27 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.

Work done		Inclusive Fee in Units
*Part I – Negotiation*
1. Cases where settlement is effected without an action being raised where through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor a negotiated settlement is reached and minute of agreement or separation agreement, as the case may be, is entered into (subject to a maximum charge of 19); or		10–19
2. Cases where settlement is not effected but where without an action being raised the outcome or disposal is effected through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor (subject to a maximum charge of 10).		5–10
*Part II – All actions except those actions of divorce or separation and aliment to which Part III applies*
		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

Part III –

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

1. In any undefended action of divorce or 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
	Inclusive Fee in Units
1. All work to and including the period of notice.	16
2. All work from the period of notice to and including swearing affidavits.	13
3. All work from swearing affidavits to and including sending extract decree.	3
4. All work to and including sending extract decree.	32

2. In any undefended action of divorce or separation and aliment where–

(a) the facts set out in section 1(2) (adultery), 1(2)(d) (one year's non cohabitation and consent) or 1(2)(e) (two 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
	Inclusive Fee in Units
1. All work to and including the period of notice.	13
2. All work from the period of notice to and including swearing affidavits.	8
3. All work from swearing affidavits to and including sending extract decree.	3
4. All work to and including sending extract decree.	24

3. If–

(a) the pursuer's solicitor charges an inclusive fee under paragraph 1 or 2 of this Part; and

(b) the action to which the fee 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
	Inclusive Fee in Units
1. All work to and including the period of notice.	6
2. All work from the period of notice to and including swearing affidavits.	3.5
3. All work under items 1 and 2.	9.5