https://www.slab.org.uk/faqs/schedule-6-chapter-2-notes-on-the-operation/
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 II
SHERIFF COURT CIVIL FEES (DEFENDED)
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 II
Payment of the fees set out in the table in this chapter is subject to the following provisions.
1. In assessing any account lodged with the Board on a solicitor and client, third party paying basis, regard shall be had to –
(a) what would be considered reasonable in a judicial taxation, on a party and party basis, for conducting the proceedings in a proper manner; and
(b) any work or expense specifically sanctioned, certified or authorised by the Board.
2. It shall be competent for the Auditor to disallow any fee which he shall judge irregular or unnecessary.
3. In the taxation of accounts where counsel is employed –
(a) counsel’s fees are allowed only where the Board has sanctioned the employment of counsel;
(b) except on cause shown, fees to counsel for only two consultations in the course of the cause are allowed; and
(c) except on cause shown, fees to counsel shall not be payable for attendance at hearings which are routine or procedural or which do not advance the cause.
4. A fee in respect of a Minute of Amendment is only payable to the solicitor bringing the amendment where –
(a) the Minute was necessary due to a new development in the case;
(b) relevant information which was previously unknown to the solicitor came to the solicitor’s attention; or
(c) the work could not have been done at an earlier stage in the proceedings.
5. The fees set out in this chapter include –
(a) all correspondence, telephone calls or communication of whatever nature with the Board;
(b) all fees incurred by any other solicitor in relation to work done in any part of the case, which shall not be a chargeable outlay; and
(c) copyings,
and include not only the work expressly set out within the terms of each paragraph but also (unless specifically provided for) all meetings, correspondence, precognitions, negotiation ancillary thereto, and all posts and incidental expenses.
6. The fee under paragraph 1(d) is payable on each transfer of agency but is not payable where an advice and assistance account in respect of the same matter is charged to the Board or the client. Where there is a transfer of agency, the solicitor from whom agency is transferred shall be paid the whole fee for work done by that solicitor in respect of any paragraph or sub-paragraph; and where work done under any paragraph or sub-paragraph is only partially completed by that solicitor, the fee payable in respect of that work shall be apportioned equally between the solicitor from whom agency is transferred and the solicitor to whom agency is transferred.
7. A fee is payable under paragraph 2(a)(i), (ii) or (iii); more than one fee cannot be claimed. The fee under paragraph 2(a)(ii) is only payable where it is unlikely that the action would have settled without the input of the solicitor and the solicitor certifies that settlement took place in consequence of one or both of the following circumstances:-
(a) settlement was expressed within an extraneous Minute of Agreement or a Joint Minute (other than a Joint Minute for dismissal or decree simpliciter) encompassing an outcome materially different from the terms of any interim order of court in force immediately prior to the execution of that Joint Minute or Minute of Agreement;
(b) settlement followed upon an exercise of sustained negotiation involving a significant level of discussion between solicitor, the client or the opponent (or their agent) taking place after the conclusion of the work payable under paragraph 1 and clearly documented on the file for perusal, if required, by the Board.
7A. The fee under paragraph 2(a)(iii) is payable only where–
(a) no settlement is achieved but an outcome or disposal is reached and the solicitor can demonstrate that an exercise of sustained negotiation involving a significant level of discussion between the solicitor, the client and, as the case may be, the opponent (or the opponent’s agent) took place;
(b) the Board is satisfied that all the additional work carried out by the solicitor was reasonable and necessary in all the circumstances of the case; and
(c) the work is clearly documented on the file and may be perused by the Board as required.
8. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on paragraph 2(a)(ii) or (iii) will be 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.
9. The fee under paragraph 3(a) is payable only in relation to time engaged in the conduct of the hearing and any continued hearing including a hearing under Rule 18.3 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907. The conduct of the hearing is the actual time involved in the substantive argument and does not include any formal attendance at a hearing for the purpose of seeking an adjournment or other formal attendance not devoted to the stating of the argument.
10. The fee payable under paragraph 3(a)(i) includes the first quarter hour of argument, even if involving appearances on different dates. The fee is not chargeable on a quarter hour block but rather on the total number of minutes taken up in argument at a hearing or continued hearings.
11. The fee payable under paragraph 4(a) includes the notarial fee unless, on cause shown, the affidavit cannot be notarised within the principal agent’s firm, in which case a fee of one unit is payable to the external notary. Charges levied by notaries outwith the United Kingdom shall be paid according to the circumstances of the case.
12. The fees under paragraph 4(b), (c), (d) and (e) are payable only once in any case.
13. The fee under paragraph 4(e) is payable only where the settlement conference or negotiation takes place in one location or by telephone. This fee is payable in relation to one meeting (including a continued meeting) in relation to any case and is payable only where-
(a) negotiation commences at least 14 days prior to the proof; and
(b) the fee under paragraph 4(f) is not charged in the case,
and where this fee is claimed the work done should be clearly documented on the file, for perusal, if required, by the Board.
14. The fee under paragraph 4(f) is payable only where no other attendance fee is charged in relation to any appearance at which authority is interponed to the Joint Minute and is not payable in addition to any fee under paragraph 5(a)(ii) to (iii).
14A. The fee under paragraph 4(k) in contentious contact dispute cases is payable only where the additional work is necessary as a result of a material issue and not due to one party’s refusal to resolve any contact issue.
14B. The fee under paragraph 4(k) is payable in respect of each of the circumstances specified in that sub-paragraph.
15. The fee under paragraph 5(a) is only payable once in any case and the fee under paragraph 5(a)(iii) includes preparation for a debate on evidence.
16. The fee under paragraph 5(b) is payable only in respect of a debate in law.
17. [Revoked]
18. Notwithstanding paragraph 5(e), the taking of an appeal to the Sheriff Appeal Court is a distinct proceeding and shall require a separate application for civil legal aid and nothing in this table shall imply otherwise.
19. The fee under paragraph 6 is payable on the total time engaged per day and is payable cumulatively between waiting and conduct time, rounded up to the nearest 15 minutes. The fee is payable–
(a) from the time appointed by the court for the hearing; or
(b) from the conclusion of any other business (including non legal aid cases) ending prior to the hearing,
whichever is the shorter.
20. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 21.
21. In addition to the fees payable under 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;
(c) the distance travelled is at least 10 miles in each direction from the solicitor’s normal place of work;
(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).
22. Travel expenses may only be incurred where travel time is chargeable.
23. Where it would be more cost effective to travel by public transport the solicitor shall do so.
24. Except as provided for by paragraph 25 or where otherwise prescribed, no fee is allowable unless the work for which the fee is payable has been completed in its entirety.
25. (1) During the emergency period, where a solicitor submits a claim for payment in such form as the Board may require for work which has been commenced but not yet completed in its entirety, the Board may make payment to account of the amount of the fee which would be payable in accordance with the table in this chapter if that work had been completed in its entirety, subject to the following conditions:-
(a) a payment made under this paragraph shall be an interim payment only and the fee payable to the solicitor, if any, in respect of the work to which such interim payment relates shall be assessed upon receipt of a claim by the solicitor for fees payable in accordance with this chapter;
(b) when assessing the fee payable to a solicitor in respect of legal aid the Board may have regard to any interim payment, or payments, made under this paragraph in relation to the same matter and may reduce the amount of the fee payable to the solicitor accordingly;
(c) where interim payment has been made in accordance with this paragraph but the payment made exceeds the fee payable to the solicitor in respect of the work carried out under this chapter, the excess shall be repaid by the solicitor to the Fund.
(2) For the purposes of this chapter “emergency period” is the period beginning on 1 July 2020 and ending on the date on which Part 9 of schedule 4 of the Coronavirus (Scotland) Act 2020(a) expires in accordance with section 12 of that Act.