https://www.slab.org.uk/guidance/appeals-by-way-of-bills-of-suspension-bill-of-advocation-or-stated-case/
https://www.slab.org.uk/guidance/appeals-by-way-of-bills-of-suspension-bill-of-advocation-or-stated-case/
The following paragraphs prescribe fees for work undertaken in relation to an appeal by way of Bill of Suspension, Bill of Advocation or Stated Case:
This fee is payable within a range of fees depending on the status of counsel.
Paragraph 8 of the Notes on Operation states:
“Where counsel is seeking a higher fee within the range under paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1, paragraph 2(a), (d), 3(a), (b), (e), 4(b), 6(d), (e), or 11 (written work) of Chapter 1 or 2 of Part 2, or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3, he or she will need to justify this by reference to either or both of the following factors:—
Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before we can pay the fee claimed.
Where a claim is made under this paragraph you may either provide us with a copy of the document, or a supporting narrative justifying the claim made with reference to these factors.
Where we are not satisfied we must allow a reasonable fee within the range and ask you to provide further information in support of the claim.
This fee is payable at a standard rate depending on the status of counsel for the overwhelming majority of hearings of this nature.
We may also allow a claim for attendance(s) at a hearing on adjustments (which should ordinarily be conducted by agents alone) where the circumstances are such that we are satisfied that counsel’s attendance was necessary.
Hearings set down for half a day or longer or involving a sentence of imprisonment of 10 years or more (including life imprisonment and an order for lifelong restriction)
The exception to the standard rate applies where the criteria under paragraph 4 of the notes on the operation are met. It states:
“In a hearing as specified in paragraph 1(c) or (d) or 2(b) of Chapter 1 or 2 of Part 2 of the Table of Fees which is set down for half a day or longer or where the appellant has been sentenced to a period of imprisonment of 10 years or more, to life imprisonment or where an order for lifelong restriction has been made, the fee payable shall be that in the range specified in paragraph 3(d) of Chapter 1 or 2 of Part 2 respectively”.
Where we are satisfied that a hearing of this nature meets one of the criteria set out here then we must allow a fee within the range under paragraph 3(d), subject to the guidance specifically relating to the assessment of a fee under that paragraph.
Where we are not satisfied we must allow the fee under paragraph 2(b).
This fee is payable at a standard rate depending on the status of counsel for the overwhelming majority of hearings of this nature.
Where you draft further opinion(s) we may allow this fee more than once, on cause shown, where we are satisfied that this was necessary and not required as a result of an oversight by counsel.
For example, due to further developments in the case it may be necessary for you to provide a further opinion on the case.
The exception to the above fee being payable is where the criteria under Paragraph 11F of the notes on the operation are met (an opinion concluding that there is no stateable appeal case) or where an opinion relates to an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995 (transcripts of record and documentary productions).
Please see guidance below in relation to these matters.
This fee is payable within a range of fees depending on the status of counsel.
Where you draft further written submissions we may allow this fee more than once where we are satisfied that the further submissions were ordered by the court and not as a result of an oversight by counsel.
Paragraph 8 of the Notes on Operation states:
“Where counsel is seeking a higher fee within the range under paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1, paragraph 2(a), (d), 3(a), (b), (e), 4(b), 6(d), (e), or 11 (written work) of Chapter 1 or 2 of Part 2, or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3, he or she will need to justify this by reference to either or both of the following factors:—
Where a higher fee within the range is charged we must be satisfied that the fee is reasonable having regard to these factors before you pay the fee claimed.
Where a claim is made under this paragraph you may either provide us with a copy of the document, or a supporting narrative justifying the claim made with reference to these factors.
Where we are not satisfied we must allow a reasonable fee within the range and ask you to provide further information in support of the claim.
A higher fee is payable for written submissions in Bill of Advocation only where the criteria under paragraph 4A of the Notes on Operation is met.
This states:
“Where in respect of a bill of advocation in which a hearing is set down for half a day or longer the court orders counsel to make written submissions, counsel is to be paid for drafting those submissions a fee in the range specified in paragraph 3(b) of the applicable Chapter of Part 2 of the Table of Fees.
Where we are satisfied that a hearing on a bill of advocation is set down for a half day or longer we must allow you a fee for written submissions under paragraph 3(b), where they are ordered by the court.