When are affidavit charges payable in ABWOR cases?
An affidavit in relation to judicial proceedings is considered to be “a step in instituting, conducting or defending proceedings”, in terms of the definition of ABWOR in section 6(1) of the Act, and cannot be charged for under advice and assistance. In certain “administrative” proceedings it may be appropriate for you to charge for the framing of an affidavit. These include:
an affidavit taken to allow for the registration of a Scottish court order in England;
where an insurance company has requested an affidavit before making payment of a policy.
An administrative affidavit will not be allowed where we do not consider that it meets the standard of taxation that the work was actually, necessarily and reasonably done. An affidavit taken for the purpose of a change of name, for example, would not be allowed.
These examples are not exhaustive.
In this section
What is ABWOR and who may provide it?
Find out what ABWOR is for submission of your accounts.
Proceedings you need our prior approval to provide ABWOR in
View the proceedings you need our prior approval to be paid for providing ABWOR in.
ABWOR accounts and the employment of counsel: requirement of prior approval and charges for unauthorised advocacy
Learn about applying for our prior approval to cover your ABWOR account for the cost of an opinion, a consultation or representation by counsel.
Block fees payable and charges subsumed under ABWOR in sequestration proceedings
Learn about the block fees payable and other charges in sequestration proceedings under ABWOR.
ABWOR payments for hearings before tribunals
Find out about payment for representing your client at a tribunal hearing under ABWOR and potential issues to avoid.
Factors to consider and payment implications when instructing local agents for your ABWOR accounts
View factors to consider when instructing a local agent in ABWOR cases.
Specific information and justification required for our assessment of fees for preparation work
Find out why you need to submit certain information and provide justification for preparation work in ABWOR cases.