The lower instruction fee applies in situations where, prior to the date appointed for the lodging of defences or the making of an order dispensing with written defences, instructions are received not to proceed or, alternatively, no further instructions are given. (10 units)
The higher instruction fee covers all work undertaken from the time instructions are initially received to raise or defend an action until the point of lodging defences or making an order dispensing with written defences. (20 units)
The fee prescribed in paragraph 1(c) [of Chapter 2 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989] is chargeable where a counterclaim is lodged and covers the additional work involved (4 units).
A separate instruction fee is not chargeable. Where work done under any paragraph or sub-paragraph of the Table of Fees is only partially completed, the fee payable in respect of that work is apportioned equally between each solicitor involved.
Where there is a transfer of agency the solicitor from whom agency is transferred is entitled to be paid the whole fee for completed work they do. No fee is chargeable for an incomplete block, unless the incoming solicitor complete it, in which event the total fee is chargeable, payable in equal shares to the solicitors who have undertaken the work. For example, if two solicitors have undertaken work chargeable under a particular block payment, the fee will be divided on a 50/50 split; three solicitors on a one-third split, and so on. You should include a charge for any partially completed block but clearly mark it as being subject to the block being completed. We will identify your share of the relevant fee and account to you for it.
The legislation prevents us from considering a request for fees to be split between solicitors in any other manner but you may come to your own arrangements.