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

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:

• Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree. A fee of 10 units is payable.

Where no decree is granted you are entitled to the following fee:

• In cases where settlement is effected after service of a writ but before the expiry of the period of notice. A fee of 5 unit is payable.

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.

• drawing, intimating and lodging any written motion for or minute (including any Motion for an interim Order) or diligence, including the first quarter hour of argument, even if involving appearances on different dates (to include instructing service and implementation). A fee of 6 units must be paid.
• waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour. Paragraph 19 of the Notes on the operation of Chapter II in relation to the calculation of time shall apply in relation to attendance of a hearing under this chapter. A fee of 1 unit for each subsequent 15 minutes must be paid.
• framing all necessary affidavits per sheet (a sheet consists of 250 words or numbers) which includes any 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 of 1 unit is payable. A fee of 1 unit for each sheet of affidavit must be paid.
• charges levied by notaries outwith the United Kingdom shall be payable as an outlay according to the circumstances of the case.
• report fee – instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either:

1. 1. 1. 1. where the report is commissioned by the solicitor for the assisted person; or
         2. where the report is commissioned by order of Court

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:

1. the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case
2. the solicitor’s attendance is necessary for the advancement of the case
3. the distance travelled is at least 10 miles in each direction from the solicitor’s normal place of work
4. when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).

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.