The framing of a document is chargeable depending on whether it is of a non-formal or formal nature. The rates are prescribed at:
The difference between formal and non-formal document is dependent on the nature and content of the document. Documents which require little thought, legal expertise or specialised knowledge such as inventories, title pages etc. are chargeable at the formal rate. On the other hand a document such as an application to the sheriff for a stated case would be chargeable at the non-formal rate.
The framing of a document is charged per “sheet” i.e. 250 words or numbers.
The preparation of written submissions ordered by the Court should be charged as a framing charge.
The exception to this is where it can be shown that there were exceptional circumstances in a case, in which case a time charge will be considered instead of a framing charge. In a taxation at Glasgow Sheriff Court in the case of the Authority Reporter in the case of JM, in the exceptional circumstances of that case, the Auditor allowed adequate remuneration for the preparation of written submissions to include the framing of same.
Where you elect to charge in this manner, a copy of the submissions should be provided along with file notes supporting the time spent and a narrative highlighting the exceptional circumstances of the case. Any documentation revisited for the purpose of framing the submissions for which a separate charge has been made should be excluded from any time charge made.
A framing charge is not applicable in children’s legal aid as this is simply the completion of a form as opposed to completing expenses and capital/principal sum details etc.