Civil Legal Aid - undefended actions of divorce or separation and aliment: applying to fees for work done or outlays incurred before 22 March 2021

Part 3 of Chapter 1 of Scedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

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 £7.49 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).

 

  1. Travel expenses may be incurred only where travel time is chargeable.
  2. Where it would be more cost effective to travel by public transport the solicitor shall do so.

 

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