The block fees set out in Schedule 6 of The Civil Legal Aid (Scotland) (Fees) Regulations 1989, Chapter II apply to all defended sheriff court actions except simple procedure cases chargeable [Schedule 2A and 7] under schedule 2A and those listed in Schedule 7.

The following proceedings or types of work are required to be charged on a detailed basis [Schedule 5 of The Civil Legal Aid (Scotland) (Fees) Regulations 1989].

 

Proceedings chargeable under schedule 5

  • Adoptions (including freeing for adoption)
  • Division and sale of heritable property
  • Exceptional cases
  • Fatal Accident Inquiries
  • Minute procedure in a closed process
  • Proceedings arising out of Part II of the Children (Scotland) Act 1995
  • Proceedings under the 2011 Act, other than those subject to [regulation 3(7)]
  • Proceedings arising under the Mortgage Rights (Scotland) Act 2001
  • Proceedings where the assisted person is a curator ad litem
  • Proceedings where the assisted person is a third party minuter
  • Summary applications
  • Proceedings in all-Scotland sheriff court within the meaning of section 42(7) of the Court Reform (Scotland) Act 2014
  • Work carried out in a civil regulations in a case which does not proceed to a grant of civil legal aid [Regulation 18 of The Civil Legal Aid (Scotland) Regulations 2002]

Work which is chargeable under schedule 5, in circumstances where the account is otherwise chargeable under schedule 6 block fees:

• Conveyancing work required to implement an order of the court
• Work in connection with drafting and submitting an account of expenses or disputing (on receipt) an opponent’s account of expenses, including attendance at taxation and taking/opposing notes of objections, including taxations instructed by the Board
• Work in connection with letters of inhibition
• Work in connection with the registration and enforcement of a decree

In this section