Civil legal aid fees: fees payable for undefended actions in the sheriff court except those actions of divorce or separation and aliment

Undefended proceedings are chargeable as block fees only [Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989].

Part II is the Table of Fees, which must be used for all actions except those actions of divorce or separation and aliment to which Part III applies.

Actions (other than those specified in paragraph 2 of this Part) in which decree is granted without proof.

An inclusive fee is payable to cover all work from taking instructions up to and including obtaining extract decree.

A lower fee is prescribed in cases where settlement is effected after service of a writ but before the expiry of the period of notice.

Separate fees can also be charged for:

  • Drawing, intimating and lodging any written motion for interim orders or diligence, including the first quarter hour of argument and an attendance fee per quarter hour thereafter. This fee is chargeable for motions in gremio;
  • Framing all necessary affidavits on a per sheet basis (to include notarial fee unless on cause shown the affidavit cannot be notarised within the principal agent’s firm, in which case a fee to the external notary is 1 unit);
  • Report Fee, when instructing, perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person
  • Attendance at court hearings including any necessary waiting
  • Travel time and the cost of travel

In this section

Block fees: sheriff court proceedings (no action raised or undefended)

Sheriff court block fees where no action raised: payment in formal and informal settlement scenarios

Discover more about cases of charging block fees where no action is raised.

Block fees: sheriff court proceedings (no action raised or undefended)

Civil legal aid: fees payable for undefended actions which become defended or vice-versa

Read about protocol for when undefended actions become defended and the fees incurred.

Block fees: sheriff court proceedings (no action raised or undefended)

Civil legal aid fees: fees payable for undefended actions in the sheriff court for actions of divorce or separation and aliment

Find out which fees are payable for undefended actions in the sheriff court in actions of divorce, separation and aliment.