Your account should provide a brief narrative as to the nature of the motion and/or minute of amendment to allow us to determine whether payment can be made without having to ask for further information.
In the absence of the necessary information in support of the fee as outlined below the fee is likely to be restricted and we will ask for more information.
The motion fee covers the drawing, intimating, lodging, receiving and opposing (if so advised) any reponing note or written motion or minute (including Motions for interim orders) for any party:
The six unit block covers the first quarter hour of argument, even if involving appearances on different dates. For example, if there are three diets and they each take five minutes no additional conduct fee will be payable as the first 15 minutes has not been exceeded.
If the motion, including any continued diet, takes longer than 15 minutes of argument then a separate conduct fee of one unit is payable. Once the first 15 minute has elapsed each subsequent diet will attract a minimum one unit charge. So if you have four continued hearings lasting:
Hearings 3 and 4 will each be payable at an additional one unit rate as the first 15 minutes of argument have been exceeded at Hearing 3.
It is important to note that no waiting time is chargeable for a motion or minute hearing.
The notes on the operation (paragraph 9) states that the conduct of the hearing is the actual time involved in the substantive argument and does not include any formal attendance at a hearing for the purpose of seeking an adjournment or other formal attendance not devoted to the stating of the argument.
You should ensure that your account is charged accordingly.
The fee chargeable under this paragraph includes a hearing under rule 18.3 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (rule 9, as amended).
Waiting time is not chargeable for any motion or minute hearing. Only those hearing payable in terms of paragraph 6 of Chapter II can be paid for time spent waiting at court.
By dint of that the aggregation of conduct and waiting fees as prescribed in paragraph 6 similarly do not apply to motions and minutes.
A motion fee is allowable for a motion for interim orders in gremio of a writ.
Interim orders craved within the body of a writ are chargeable on the same basis as those prepared separately by way of a written motion both under this paragraph and motions chargeable under Chapter 1 (undefended) [Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989].
In addition to the motion fee a fee is separately chargeable, where appropriate, to cover drawing, or receiving a Minute of Amendment on the following basis:
A minute of amendment is only payable where paragraph 4 on the notes on the operation of chapter II, is met:
All three tests must be met before we can make payment
Where a party makes an application for a specification of documents:
Block fees: sheriff court proceedings (defended)
Find out about the separate payment for all work for the preparation and attendance at a Continued Options Hearing or Continued Full Case Management Hearing