A number of individual fees are listed for miscellaneous procedure, separately chargeable, subject to any qualification set out within each individual fee, in addition to the block fees.

Affidavits

The fee prescribed by paragraph 4(a) [of Chapter 2 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989] is chargeable for framing, per sheet (1 unit). This fee subsumes the notarial work unless the affidavit had to be notarised by an external Notary Public for which a fee of 1 unit is chargeable. Where the affidavit has to be notarised outwith the UK, payment of a reasonable outlay will be made (rule 11).

 

The following fees under paragraph 4(b), (c), (d) and (e) are payable only once in any case (rule 12):

Contact arrangements

The fee prescribed by paragraph 4(b) is for work carried out in arranging or attempting to arrange interim contact arrangements, if appropriate. (6 units)

Notice to admit

The fee prescribed by paragraph 4(c) is for preparing and serving/receiving a Notice to Admit and serving a counter notice, if required. (4 units)

Joint minute of admissions

The fee prescribed by paragraph 4(d) is for preparing and/or considering and executing a joint minute of admissions with a view to avoiding unnecessary evidence or disposing of some (but not all) craves (4 units).

Settlement conference/negotiation

The fee prescribed by paragraph 4(e) is for work in participating in a settlement conference or negotiation after the allowance of a proof or debate or a hearing fixed for settlement, in circumstances where the solicitor making the claim is authorised in advance by the client to participate.

To claim this fee you must provide vouching of work such as meetings, correspondence etc.

The purpose of this provision is to identify the circumstances in which a fee is payable where a meeting or negotiation takes place specifically with a view to settling the matter, and thus the reference to the conference or negotiation being “authorised in advance by the client”.
For this reason, payment of the fee is hedged by the qualification, set out in rule 13, that a 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:

  • Negotiation commences more than 14 days before the proof
  • The fee under paragraph 4(f) is not charged in the case

The fee is in recognition of an identifiable body of work undertaken in a specific attempt to ‘step back’ and settle a case at this stage.

Where you claim this fee, you should clearly document the work done on the file, for our examination, if necessary.

This fee is subject to a maximum charge of 8 units.

 

Extra judicial settlement

The fee prescribed by paragraph 4(f) is for all work required to formalise settlement. (8 units)

This fee, in terms of rule 14, can only be charged 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) or (iii), which subsume this work.

This fee is not chargeable in addition to any fee under paragraph 5 (a) (ii) or (iii).

The preparation fee under paragraph 5(a) (i) is, therefore, chargeable in addition to this fee.

Minute of agreement

The fee prescribed by paragraph 4(g) is for drawing/revising a Minute of Agreement necessary to accomplish or record the overall settlement, per sheet (1 unit)

This fee is subject to a maximum charge of 8 units.

Report fee

The fee prescribed by paragraph 4(h) is for instructing (if required), examining and taking instructions on any report extending to at least 4 sheets obtained from a professional or expert person, either:

  • Where the report is commissioned by you (4 units)
  • where the report is commissioned by order of court (4 units)

Additional procedure

The fee prescribed by paragraph 4(i) is an additional fee where Additional Procedure is invoked (to include attendance at any procedural hearing(s) (4 units)

This fee is only chargeable where the case proceeds by way of Additional Procedure in terms of Chapter 10 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907.

Third party minuter

The fee prescribed by paragraph 4(j) is an additional fee where the action involves a third party minuter at any stage (4 units).

This fee is chargeable by all parties other than the third party minuter (whose account is chargeable on a detailed basis under Schedule 5).

Additional fee

The fee prescribed by paragraph 4(k) is an additional fee chargeable where the action involves:

The fee as it relates to a contentious contact dispute case 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 (rule 14A).

Peremptory diet

The fee prescribed by paragraph 4(l) is to cover all work in connection with a peremptory diet, excluding attendance at court for which a separate fee is chargeable in terms of paragraph 6 “conduct & waiting”.

The fee includes any continued diet.

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