Part II is the Table of Fees, which must be used for all undefended actions except those actions of divorce or separation and aliment to which Part III applies.
Where decree is granted without proof you are entitled to the following fee:
Where no decree is granted you are entitled to the following fee:
We can also consider payment of the lower inclusive fee of 5 units where decree is not granted but settlement is effected or a disposal or outcome is reached after the expiry of the period of notice.
Similar to the fees under Part I we cannot allow a fee where the client simply fails to engage with you after the grant of legal aid or where no evidence is provided that settlement has been effected.
In addition to the above inclusive fees you can claim any of the following fees where appropriate.
where a fee of four units is payable.
We cannot pay for any report fee where the above criteria has not been met.
In addition to the fees payable under Part II, travel time is payable at £8.27 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:
Travel expenses may be incurred only where travel time is chargeable. You must disallow any charges where no travel time is allowable.
Where it would be more cost effective to travel by public transport the solicitor shall do so.
However, It is important to bear in mind that the reference to “cost effective” is not simply a reference to the cost of the fare that you must consider when making that assessment you require to be mindful of the time engaged when using public transport.
For example, if the solicitor travels by car although that may be more expensive than the equivalent bus fare the overall cost in terms of time and outlay may well be “cost effective” and you should allow this where appropriate.
Block fees: sheriff court proceedings (no action raised or undefended)
Find out which fees are payable for undefended actions in the sheriff court in actions of divorce, separation and aliment.