Opinion on appeals

This is a fee which can be:

  • increased because of the particular complexity or difficulty of the work or any other particular circumstances, where an increase is necessary to provide reasonable remuneration for the work
  • reduced because of any particular circumstances, a reduced fee is sufficient to provide reasonable remuneration for the work.

Where you elect to charge a different fee we recommend that you should have regard to rates from Tables of Fees which have been reviewed to reflect modern court practices and procedures, such as those under Schedule 2 of the Criminal Fees Regulations, which helpfully provide benchmark rates for a publicly funded legal aid service which can reasonably be applied in contempt of court proceedings.

Otherwise, you must justify the fee with reference to the factors in schedule 2, paragraph 3, that the fee is reasonable having regard to the particular complexity or difficulty of the work or any other particular circumstances.

A short concise and focused narrative in support of the charge should be sufficient.

Where we are not satisfied that the fee claimed is reasonable based on the information available, we will allow what we consider to be a reasonable fee and invite you to provide further information in support of the claim.

Consultations
Revisal of stated case

In this section

Counsel fees

Guidance in relation to the preparation and assessment of Contempt of Court Counsel Fees

Guidance on counsel’s fees in relation to contempt of court proceedings where legal aid is made available under section 30 of the Legal Aid (Scotland) Act 1986

Counsel fees

Statutory tests of taxation and payment from the Fund

Guidance explaining the regulations which form the basis on which you are entitled to payment and is termed the ‘standard of taxation’

Counsel fees

Assessment of an account – the process and role of the assessor

Guidance on our obligations to assess the fees and outlays allowable, determine the sum payable out of the Fund and then pay that sum to you.

Counsel fees

Taxation and Note of Objections procedure

Guidance on where matters cannot be resolved through the normal process of negotiation, counsel (or SLAB) has a right to refer the matter to the Auditor.

Counsel fees

Preparation and submission of your account

Guidance on preparing and submitting your account

Counsel fees

Apportionment

Guidance on prescribed fees that are capable of being increased or decreased depending on the circumstances.

Counsel fees

Our power to request information

Guidance on our entitlment to request any information that we may require for the purposes of performing our functions under the Act.

Counsel fees

Employment and definition of counsel

Guidance on employment and definition of counsel

Counsel fees

Schedule 2: Counsel's Table of fees

Guidance on counsel fees under the provisions of Schedule 2 table of fees

Counsel fees

Hearings held during the course of other proceedings

Guidance on fees for hearing, held during the course of other proceedings, at which the person concerned is first called upon to answer to the alleged contempt

Counsel fees

Hearings in the first instance

Guidance on fees per day for a hearing in the first instance

Counsel fees

Appeals

Guidance for fees for appeals in Contempt of Court cases

Counsel fees

Consultations

Guidance on counsel fees for consultations, except for a case provided for in paragraph 1

Counsel fees

Revisal of stated case

Guidance on fees for revisal of stated case in contempt of court proceedings

Counsel fees

Drafting bill of suspension

Guidance on drafting of bill of suspension in contempt of court proceedings

Counsel fees

Remits for sentence and pleas in mitigation

Guidance on fees for remits for sentence and pleas in mitigation in contempt of court cases

Counsel fees

No prescribed fee for an item of work

Guidance in contempt of court cases where the Tables of Fees does not prescribe a fee for any item of work

Counsel fees

Travel, Accommodation and Subsistence

Guidance explaining there are no prescribed fees or outlays in respect of travel or for accommodation and subsistence under contempt of court legal aid