Schedule 2: Counsel’s Table of fees

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We have created a dedicated legal aid fees page to allow you to easily access the table of fees you need.

This information is still also contained in the relevant legislation and regulations but we have duplicated it on a dedicated page following your feedback.

For Contempt of Court counsel fees please see:

Table of fees

The provisions of Schedule 2 are sufficiently flexible to allow you to charge fees at levels that are higher (or lower as the case may be) than those prescribed in the Table of Fees, because of the particular complexity or difficulty of the work or any other particular circumstances.

The Schedule 2 Table of Fees has not been subject to any material review since it was introduced.

As a result of this a practice has developed, given that the majority of contempt proceedings arise in relation to criminal proceedings that where counsel are instructed they will frequently elect to claim fees in line with the fees prescribed under Schedule 2, Parts 1 and 3 of the Criminal Fees Regulations) where the work undertaken is similar in nature.

Table of Fees – Chapter 1 Junior Counsel & Chapter 2 Senior Counsel

Schedule 2 of The Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992, prescribes two fee tables that cover the fees payable to junior and senior counsel in respect of contempt of court proceedings in actions of first instance and Appeals.

  • Chapter 1 is the Table of Fees for junior counsel; and
  • Chapter 2 is the Table of Fees for senior counsel

The structure of both tables are in identical terms save for the fee levels which are payable.

Employment and definition of counsel
Hearings held during the course of other proceedings

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

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

Opinion on appeals

Guidance on fees chargeable for opinion on appeal in contempt of court case

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