https://www.slab.org.uk/solicitors/legal-aid-legislation/civil-legal-aid-regulations/the-civil-legal-aid-scotland-fees-regulations-1989/
Made: | 14 August 1989 |
Laid before Parliament: | 17 August 1989 |
Coming into force: | 31 August 1989 |
The Secretary of State, in exercise of the powers conferred upon him by sections 33 and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
[2]“the 2011 Act” means the Children’s Hearings (Scotland) Act 2011;
“auditor” means –
(a) [3]in relation to proceedings in the Court of Session, Lands Valuation Appeal Court, [3ab], First-tier Tribunal for Scotland [3aa], Upper Tribunal for Scotland or Employment Appeal Tribunal, the Auditor of the Court of Session;
(aa) [3a]in relation to procedings in the Sheriff Apeal Court, the auditor of the[3ac] Sheriff Appeal court
(b) in relation to proceedings in a sheriff court the auditor of that sheriff court;
(c) in relation to proceedings in the Scottish Land Court, the auditor of the Scottish Land Court;
(d) in relation to proceedings in the Lands Tribunal for Scotland either –
(e) [4] in relation to proceedings in the Supreme Court, the Registrar of the Supreme Court;
[5]“counsel” includes a solicitor-advocate, except in regulation 10(2) and Schedule 2;
[6]“junior counsel” or “junior” includes a junior solicitor-advocate;
“outlays” does not include fees of counsel;
[7]“right of audience” means, in relation to a solicitor, a right of audience in the Court of Session and the Supreme Court which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980;
[8]“senior counsel” or “senior” includes a senior solicitor-advocate except in paragraph (1A) below; and
[9]“solicitor-advocate” means a solicitor, means a solicitor having a right of audience, whether instructed by another solicitor or not, when and only when-
(a) that solicitor is exercising that right of audience or acting in connection with the exercise of that right; or
(b) in relation to proceedings in the Sheriff Appeal Court –
(i) the Board has authorised the employment of counsel under regulation 21(1)(ca) of the Civil Legal Aid (Scotland) Regulations 2002; and
(ii) that solicitor would have been exercising that right of audience, or acting in connection with the exercise of that right, had the proceedings taken place in a court to which section 25A of the Solicitors (Scotland) Act 1980 applied;
[10]and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.
(1A)[11] For the purposes of these Regulations, a solicitor-advocate shall be –
(a) a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case in the Supreme Court[12] or where the Board has authorised the employment of senior counsel under regulation 21(1)(b) or (2) of the Civil Legal Aid (Scotland) Regulations 1987; or
(b) a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, irrespective of whether or not the Board has authorised the employment of senior counsel in the case.
(2) In these Regulations, unless the context otherwise requires, any reference to proceedings in a court or tribunal includes any preparatory work done in connection with such proceedings, whether or not the proceedings were actually begun.
(3) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to one of these Regulations and any reference to a numbered Schedule is a reference to a Schedule to these Regulations.
(2)[13] Subject to paragraph 3(b) and paragraphs (4) to [14](7), solicitors shall be paid fees and outlays, and counsel shall be paid fees, in accordance with regulations 4 to 12 of, and the Schedules to, these Regulations.
(3) [15] Where fees and outlays are recovered by virtue of an award of expenses in favour of a person who has received legal aid or of an agreement as to expenses in favour of such a person –
(a) accounts of such fees and outlays, where they are taxed, shall be taxed as if the work done for that person were not legal aid; and
(b) [16]the Board may, at the request of the solicitor or any counsel acting for the person in receipt of legal aid at the conclusion of the proceedings, and subject to paragraphs (4) to (6), instead of making payment to that solicitor (or counsel as the case may be) in accordance with paragraph (2), pay to the solicitor (or counsel as the case may be) the amount of fees and outlays so recovered.
[17](4) Where the Board agrees to a request from the solicitor for payment in accordance with paragraph (3)(b), the Board shall also make payment in accordance with paragraph (3)(b) to any counsel entitled to request such payment.
(4A) Where counsel requests payment in accordance with paragraph (3)(b) in a case where the solicitor last acting requests payment in accordance with paragraph (2) –
(a) the solicitor’s fees and outlays shall be paid in accordance with paragraph (2);
(b) the Board shall determine as accurately as is reasonable what part of the fees and outlays recovered represents fees payable to any counsel;
(c) the solicitor and counsel shall supply the Board with such information as the Board may require for the purpose of determining the sum referred to in paragraph (b);
(d) subject to paragraph (5), the Board may make payment to counsel of the sum determined in accordance with sub-paragraph (b) if satisfied that it is reasonable to do so having regard to all the circumstances including –
(i) the respective roles of counsel and any counsel previously acting for the person in receipt of legal aid;
(ii) any sums paid or due to be paid to any counsel previously acting for the person in receipt of legal aid;
(iii) the sum that would be paid to counsel in accordance with paragraph (2); and
(iv) any resultant cost to the Fund or to the person in receipt of legal aid.
(5) [18]The Board shall deduct from the sum payable in accordance with paragraph (3)(b) the amount of any payment made, or due to be made, by it to the solicitor or counsel referred to in [19]that paragraph, or to any other solicitor or counsel who previously acted for that person, in respect of those proceedings.
(6) [20] Where a payment is made to counsel in accordance with paragraph 3(b) no counsel who previously acted for the person in receipt of legal aid in those proceedings may refer to the auditor any question or dispute as to the amount of fees allowable in the proceedings.
[21](7) In relation to children’s legal aid provided automatically under section 28C of the Legal Aid (Scotland) Act 1986, solicitors are to be paid fees in accordance with the fees prescribed in relation to children’s matters in Part 1 of Schedule 3 to the Advice and Assistance (Scotland) Regulations 1996.
4.[22] Subject to the provisions of regulations 5 and 7 regarding the calculation of fees, regulations 6 and 7 regarding the calculation of outlays, and the provisions of [22a] regulations 7A and 8 regarding the submission of accounts, a solicitor shall be allowed such amount of fees and outlays as shall be determined by the Board to be reasonable remuneration for work actually, necessarily and reasonably done and outlays actually, necessarily and reasonably incurred, for conducting the proceedings in a proper manner, as between solicitor and client, third party paying.
[23a](1A) A solicitor’s fees in relation to proceedings in the Sheriff Appeal Court shall be calculated in accordance with either Schedule 5 or Schedule 6 but it shall not be competent to charge fees partly on the basis of Schedule 5 and partly on the basis of Schedule 6.
[23bb](1B) A solicitor’s fees in relation to proceedings in the First-tier Tribunal for Scotland shall be calculated in accordance with schedule 2A.
(2)[24] A solicitor’s fees in relation to proceedings in the sheriff court –
(a) shall, subject to sub-paragraphs (b), [24a](ba) and (c), be calculated in accordance with chapters I and II of Schedule 6;
(b) which are listed in Schedule 7 shall be calculated in accordance with Schedule 5;
[24b]
[24c] (ba) in a simple procedure case (within the meaning of section [24d] 72(3) of the Courts Reform (Scotland) Act 2014 shall be calculated in accordance with Schedule 2A; and
(c) which consist of a summary cause or executry business shall be calculated in accordance with chapter III or IV respectively of Schedule 2.
(2A) For the purpose of calculating the fees set out in Schedule 6, a unit has the value of [25]£21.63.
(2B) Where a solicitor does work which comes within chapter I of Schedule 6 (undefended cases) and, in the same case, does work which comes within chapter II of that Schedule (defended cases) the fee for all work in that case shall be calculated on the basis of the fees set out in chapter II of that Schedule.
(2C) Subject to paragraph (2D), the Board may at its discretion allow a fee additional to the fees prescribed in chapter II of Schedule 6 where it is satisfied that any of the circumstances prescribed in chapter III of that Schedule exist, and have a significant effect on the conduct of the case.
(2D)[26] The additional fee allowable in accordance with paragraph (2C) shall be 15% of the fee authorised by Chapter II of Schedule 6 in respect of each of the circumstances specified in paragraphs 1 to 5A of Chapter III of that Schedule and 20% of the said fee authorised in respect of each of the circumstances specified in paragraphs 6 and 7 of said Chapter III, up to a maximum in any case of 50% of that fee
(2E)[27] Fees for sequestration in bankruptcy (other than summary sequestrations) shall be chargeable only on the basis of Schedule 3 and fees for summary sequestrations shall be chargeable only on the basis of 80 per cent of the fees in that Schedule.
(3) A solicitor’s fees in relation to proceedings in the [28] and the Supreme Court on appeal from the Court of Session or under paragraph 10 or 33[29] of Schedule 6 to the Scotland Act 1998, Employment Appeal Tribunal, Lands Valuation Appeal Court, Scottish Land Court or Lands Tribunal for Scotland, or before the [30]Upper Tribunal or the Social Security Commissioners, shall be calculated in accordance with [31]Schedule 5.
(4) In all Court of Session proceedings [31a] or proceedings in the Sheriff Appeal Court a fee, additional to those set out in [32]Schedule 5 and not exceeding 50 per cent of those fees may be allowed at the discretion of the Court to cover the responsibility undertaken by a solicitor in the conduct of the proceedings. [33]In the sheriff court, in proceedings of importance or requiring special preparation, the sheriff may allow a percentage increase in a cause on the Summary Cause Roll, not exceeding 100 per cent, of the fees authorised by Schedules 2 or 3 to cover the responsibility undertaken by the solicitor in the conduct of the proceedings. [33a]The Court of Session, or as the case may be the Sheriff Appeal Court, in deciding whether to allow an additional fee and [34]the Board, or as the case may be the Auditor, in determining that fee or the sheriff in fixing the amount of a percentage fee increase shall take into account the following factors –
(a) the complexity of the proceedings and the number, difficulty or novelty of the questions involved;
(b) the skill, specialised knowledge and responsibility required of and the time and labour expended by the solicitor;
(c) the number and importance of the documents prepared or perused;
(d) the place and circumstances of the proceedings or in which the solicitor’s work of preparation for and conduct of it has been carried out;
(e) the importance of the proceedings or the subject matter thereof to the client;
(f) the amount or value of money or property involved; and
(g) [35]the steps taken with a view to settling the proceedings, limiting the matters in dispute or limiting the scope of any hearing; and
(h) [36]any other fees and allowances payable to the solicitor in respect of other items in the same proceedings and otherwise charged for in the account.
(5) The Auditor of the Court of Session shall have power to increase or decrease any inclusive fee set out in Schedule 1 in any appropriate circumstances.
(6)[37] The auditor shall have the power to apportion any fees set out in Schedules 1, 2 or 6 between solicitors in appropriate circumstances or to modify any such fees in the case of a solicitor acting for more than one party in the same proceedings or in the case of the same solicitor acting in more than one proceeding arising out of the same circumstances or in the event of the proceedings being settled or disposed of at a stage when the work covered by any inclusive fee has not been completed.
(7) Where work done by a solicitor constitutes a supply of services in respect of which value-added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this regulation an amount equal to the amount of value-added tax chargeable.
6.[38] A solicitor’s outlays shall include a charge in respect of posts and incidents of 12 per cent of the amount of the fees allowable to the solicitor in Schedules 1 and 2 (excluding any amount added in accordance with regulations 5(4) and (7). In Schedule 5 or 6, without prejudice to any other claims for outlays, a solicitor shall not be allowed outlays representing posts and incidents.
7A. (1) Paragraphs (2) and (3) apply where a solicitor (“the nominated solicitor”) instructs another solicitor to carry out work in relation to proceedings (other than proceedings in the Sheriff Appeal Court, the Court of Session or the Supreme Court).
(2) Accounts in respect of fees and outlays allowable to solicitors shall be submitted to the Board only by the nominated solicitor, payment of the other solicitor being a matter for adjustment between the nominated solicitor and the other solicitor out of the fees and outlays allowed to the nominated solicitor.
(3) In determining the sum to be allowed to the nominated solicitor, the Board shall take into account also the work carried out by the other solicitor.
(2) The Board may accept accounts submitted in respect of fees and outlays allowable to solicitors and fees allowable to counsel later than the 4 months referred to in paragraph (1) if it considers that there is a special reason for the late submission.
(2)[42] Counsel’s fees for any work in relation to proceedings in the [43] Supreme Court, Restrictive Practices Court, Employment Appeal Tribunal, Lands Valuation Appeal Court, Scottish Land Court or Lands Tribunal for Scotland, or before the [44]Upper Tribunal or the Social Security Commissioners, shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.
(2A)[45] The fees of a solicitor-advocate for any work in relation to proceedings in the Supreme Court[46] shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.
(3)[47] Where work done by counsel constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this Regulation an amount equal to the amount of value added tax chargeable thereon.
(2)[48]A claim by counsel under this regulation may be made only in relation to any case where [47a]
(a) a period of no less than 6 months has elapsed since the date on which the Board gave notice in writing of the grant of civil legal aid;
(b) an interval of no less than 6 months has elapsed since the immediately preceding claim was made; or
(c) counsel reasonably anticipates not receiving further instructions in the proceedings.
(3) The amount of any payment in respect of a claim by counsel under this regulation in relation to proceedings referred to in regulation 10(2) and (2A) shall be limited to 75% of the fees that will become eligible for payment and earned during the period covered by the claim.
(4) [49]When assessing the fee payable to a solicitor in respect of legal aid the Board may have regard to any payment, or payments, made to account under advice and assistance in relation to the same matter and, where the work in respect of which such payment, or payments, is made might reasonably have been carried out under legal aid, it may reduce the amount of the fee payable accordingly.
Important note
S.S.I 2003 No.178 (in force from 1 October 2003) inserted paragraph (2), and omitted paragraphs (3) and (4). These changes applied only in relation to cases where civil legal aid was granted on or after 1 October 2003 and only insofar as they related to payments to solicitors. The provisions have now been amended to apply to both solicitors and counsel respectively.
(5) The making of a claim under this Regulation shall not be regarded as an account of expenses nor shall the claim affect in any way the provisions of regulation 8 above with regard to the submission and acceptance of accounts prepared in respect of fees and outlays allowable to solicitors.
(6) Where payment has been made in accordance with the provisions of this Regulation but the payment made exceeds in the case of any solicitor acting for the assisted person the total fees and outlays allowable to that solicitor in respect of the legal aid or in the case of any counsel instructed on behalf of the assisted person the total fees allowable to that counsel in respect of the legal aid, the excess shall be repaid to the Fund by such solicitor or counsel as the case may be:
Provided that where by reason of a failure to comply with the requirements of regulation 8 above with regard to submission of an account of his fees and outlays the amount of the fees and outlays allowable to a solicitor to whom payment has been made under this Regulation cannot be ascertained, the Board may require such solicitor to repay to the Fund the whole amount paid under this Regulation or such part thereof which it is satisfied may have been overpaid to the solicitor.
(2) A reference to the auditor under paragraph (1) above may be at the instance of the solicitor concerned or, where the question or dispute affects the fees allowable to counsel, of the counsel concerned, or of the Board, and the auditor shall give reasonable notice of the diet of taxation to the solicitor or counsel as appropriate and to the Board.
(3) Subject to regulation 12A[50], the Board and any other party to a reference to the auditor under paragraph (1) above shall have the right to state written objections to the court in relation to the auditor’s report within 14 days of the issue of that report, and may be heard thereon; and where the court is the Court of Session rule 349 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 shall apply to the determination of any such objections.
(4) For the purposes of this Regulation the expression “the court” means –
(a) in relation to any report of the Auditor of the Court of Session, the Court of Session;
[50a](aa) in relation to any report of the auditor of a sheriff court in relation to proceedings in the Sheriff Appeal Court, the Sheriff Appeal Court;
(b) in relation to any report of the auditor of a sheriff court, [50b](other than a report in relation to proceedings in the Sheriff Appeal Court), the sheriff; and
(c) in relation to any report of the Auditor of the Scottish Land Court, the Chairman of the Scottish Land Court.
12A.[51] —(1) In relation to proceedings in the Supreme Court, the Board and any other party to a reference to the auditor who is dissatisfied with all or part of a taxation shall have the right to lodge a petition to the Supreme Court within 14 days of the taxation setting out the items objected to and the nature and grounds of the objections.
(2) The petition shall be served on the Board, any such other party who attended the taxation and any other party to whom the auditor directs that a copy should be delivered.
(3) Any party upon whom such a petition is delivered may within 14 days after such delivery lodge a response to the petition which shall be served on the Board, any such other party who attended the taxation and any other party to whom the auditor directs that a copy should be delivered.
(4) The petition and responses, if any, shall be considered by a panel of Justices, as defined by rule 3(2) of the Supreme Court Rules 2009, which may allow or dismiss the petition without a hearing, invite any or all of the parties to lodge submissions or further submissions in writing or direct that an oral hearing be held.
The Civil Legal Aid (Scotland) (Fees) Regulations 1987;
The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1987;
The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1987;
The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1988;
The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1988;
The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1989.
Sanderson of Bowden
Minister of State,
Scottish Office
St Andrew’s House, Edinburgh
14 August 1989
The Tables of Fees for the payment of solicitors at Schedules 1 to 3 apply to proceedings where civil legal aid was made available before 1 October 2003. On that date Schedules 5 to 7, introduced as part of civil legal aid reform, came into force and apply to grants of civil legal aid from 1 October 2003.
The following Schedules have been removed from our published legislation as being no longer relevant:
Fees of solicitors for proceedings in the sheriff court
Regulation 5
2.[73]
Chapter III of the Table of Fees in this Schedule shall have effect subject to the following provisions:–
(a) in paragraph 2 of Part I and paragraph 7 of Part II, no fee is allowable for attendance at a continuation of the first calling, unless specifically authorised by the court;
(b) in Part I, in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the summons;
(c) in Part II, in respect of paragraph 22 (final procedure), no fee shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision;
(d) unless the sheriff, on an incidental application in that behalf, otherwise directs, all fees chargeable under Chapter III shall be reduced by 50% in respect of–
(i) undefended actions for recovery of heritable property;
(ii) actions under the Tenancy of Shops (Scotland) Act 1949(3) or section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963(4).
2A.[74]
In Chapter III of the Table of Fees in this Schedule –
“attendance at court” means waiting for and conducting any hearing unless specifically provided for elsewhere in the Chapter;
“half hour” shall be read as if immediately followed by the words “(or part thereof)”;
“a page” consists of 125 words or numbers; and
“a sheet” consists of 250 words or numbers.
TABLES OF FEES[75]
(a) in paragraph 2 of Part I and paragraph 7 of Part II, no fee is allowable for attendance at a continuation of the first calling, unless specifically authorised by the court;
(b) in Part I, in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the summons;
(c) in Part II, in respect of paragraph 22 (final procedure), no fee shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision;
(d) unless the sheriff, on an incidental application in that behalf, otherwise directs, all fees chargeable under Chapter III shall be reduced by 50% in respect of–
(i) undefended actions for recovery of heritable property;
(ii) actions under the Tenancy of Shops (Scotland) Act 1949 or section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963.
2A. In Chapter III of the Table of Fees in this Schedule –
“attendance at court” means waiting for and conducting any hearing unless specifically provided for elsewhere in the Chapter;
“half hour” shall be read as if immediately followed by the words “(or part thereof)”;
“a page” consists of 125 words or numbers; and
“a sheet” consists of 250 words or numbers.
Part I - Undefended Actions | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1. | The fee for citation, service or re-service after the first citation — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) to any destination by post | £6.95 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) by advertisement | £19.59 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2. | The fee for attendance at court | £19.59 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3. | The fee for all other work | £55.11 |
Part II - Defended Actions | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1. | The instruction fee — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) for the pursuer's solicitor, including taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for the form of response and noting defence | £83.60 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) for the defender's solicitor, for all work from taking instructions (including instructions for a counter-claim) up to and including lodging the form of response | £83.60 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2. | Where an additional defender or third party enters the cause, an additional fee for each of the original parties' solicitors for all consequent work | £41.83 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3. | The fee for citation, service or re-service, except as provided for in paragraph 19(e), by — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) post, to a destination— | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) within the United Kingdom, Isle of Man, Channel Islands or the Republic of Ireland | £6.95 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) other than one specified in paragraph (i) | £14.86 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer's fee | £6.95 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(c) advertisement, to include framing and instructing the advertisement | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4. | In connection with the first hearing of the cause — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) the fee for attendance at court, including noting the outcome of the hearing | £72.28 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) if waiting for and conducting the hearing exceeds an hour and a half, the fee for attendance at court for each subsequent half hour | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5. | The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour | £21.75 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6. | The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet | £32.21 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7. | The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet | £16.11 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8. | In connection with reports commissioned by order of Court, the fee for — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) all incidental work, including instructing the report | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) each half hour perusing the report | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9. | The fee, per inventory, for — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) lodging productions | £32.21 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) perusing the opposition's productions | £14.86 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10. | The fee for framing affidavits, per sheet | £16.11 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11. | Except as provided for by paragraphs 17, 18 and 19 the fee for — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) drawing, intimating and lodging any written minute or incidental application including any relative attendance at court, where that minute or application is— | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) opposed | £45.87 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) unopposed | £27.55 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) considering a written minute or incidental application intimated by the opposition including any relative attendance at court, where that minute or application is— | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) opposed | £37.73 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) unopposed | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12. | In connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour | £21.75 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13. | In connection with a proof the fee for all work, except as specifically provided for elsewhere in this Chapter, preparatory to — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) the first scheduled proof, if— | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) the cause is settled or abandoned 7 or more days before the scheduled proof | £75.46 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) paragraph (i) does not apply | £90.60 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) any adjourned proof, if the postponement from the hearing previously scheduled exceeds 6 days and— | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) the cause is settled or abandoned 7 or more days before the scheduled proof | £37.73 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) paragraph (i) does not apply | £45.30 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14. | The fee for each half hour inspecting the opposition's documents either at court or at a place fixed by the opposition | £21.75 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15. | In connection with a proof or a trial and debate on evidence taken at the close of proof, the fee for each half hour — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) conducting that hearing | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) waiting in court for that hearing | £11.56 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16. | In connection with a debate on evidence not taken at the close of proof, the fee for — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) all preparatory work | £50.54 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) attendance at court, per half hour | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17. | In connection with a minute of judicial tender — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) the fee for consideration of, preparing and lodging the minute | £45.87 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) on acceptance of the tender, the fee for consideration of, preparing and lodging the minute of acceptance and attendance at court when decree is granted in terms of that minute | £32.21 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(c) on rejection of the tender, the fee for considering it | £32.21 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18. | The fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto | £75.46 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19. | In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972(a), the fee for — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) drawing, intimating and lodging the application and, where relevant, specification and any relative attendance at court, where the application is — | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) opposed | £50.42 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) unopposed | £27.55 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is — | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) opposed | £37.73 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) unopposed | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(c) each subsequent half hour, where attendance at court exceeds half an hour | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(d) citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(e) serving an order on each person, if optional procedure is adopted | £14.86 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(f) each half hour perusing the documents recovered | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20. | In connection with an open commission to take evidence, the fee for — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) all work, excluding attendance at the commission, by the — | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) solicitor applying for the commission | £50.54 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) opposing solicitor | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) each half hour attending the execution of the commission | £21.75 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21. | At the conclusion of the cause, the fee for — | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) settling with witnesses and noting the final decree | £45.87 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) the successful party to cover drawing the account of expenses, arranging, intimating and attending a diet of taxation and obtaining approval of the auditor's report and, where necessary, ordering, procuring and examining extract decree or adjusting account with opponent | £45.87 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(c) the unsuccessful party to cover considering the opponent's account of expenses and, where necessary, adjusting the account with opponent or attending a diet of taxation | £21.75 |
(a) 1972 c.59. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 19 and schedule 2, paragraph 15.
Note: As amended by S.S.I. 2009 No. 203 (in force from 22 June 2009) and applying to work done and outlays incurred on or after 1 April 2008.
Part I - Undefended Actions
|
||
1. | The fee for citation, service or re-service after the first citation – | |
(a) to any destination by post | £6.74 | |
(b) by advertisement | £19.01 | |
2. | The fee for attendance at court
|
£19.01 |
3. | The fee for all other work | £53.50 |
Part II - Defended Actions
|
||
1. | The instruction fee – | |
(a) for the pursuer’s solicitor, including taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for the form of response and noting defence | £81.16 | |
(b) for the defender’s solicitor, for all work from taking instructions (including instructions for a counter-claim) up to and including lodging the form of response | £81.16 | |
2. | Where an additional defender or third party enters the cause, an additional fee for each of the original parties’ solicitors for all consequent work
|
£40.61 |
3. | The fee for citation, service or re-service, except as provided for in paragraph 19(e), by – | |
(a) post, to a destination– | ||
(i) within the United Kingdom, Isle of Man, Channel Islands or the Republic of Ireland | £6.74 | |
(ii) other than one specified in paragraph (i) | £14.42 | |
(b) sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee | £6.74 | |
(c) advertisement, to include framing and instructing the advertisement | £21.11 | |
4. | In connection with the first hearing of the cause – | |
(a) the fee for attendance at court, including noting the outcome of the hearing | £70.17 | |
(b) if waiting for and conducting the hearing exceeds an hour and a half, the fee for attendance at court for each subsequent half hour | £21.11 | |
5. | The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour
|
£21.11 |
6. | The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet
|
£31.27 |
7. | The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet
|
£15.64 |
8. | In connection with reports commissioned by order of Court, the fee for– | |
(a) all incidental work, including instructing the report | £21.11 | |
(b) each half hour perusing the report | £21.11 | |
9. | The fee, per inventory, for – | |
(a) lodging productions | £31.27 | |
(b) perusing the opposition’s productions | £14.42 | |
10. | The fee for framing affidavits, per sheet
|
£15.64 |
11. | Except as provided for by paragraphs 17, 18 and 19 the fee for– | |
(a) drawing, intimating and lodging any written minute or incidental application including any relative attendance at court, where that minute or application is– | ||
(i) opposed | £44.53 | |
(ii) unopposed | £26.74 | |
(b) considering a written minute or incidental application intimated by the opposition including any relative attendance at court, where that minute or application is– | ||
(i) opposed | £36.63 | |
(ii) unopposed | £21.11 | |
12. | In connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour
|
£21.11 |
13. | In connection with a proof the fee for all work, except as specifically provided for elsewhere in this Chapter, preparatory to– | |
(a) the first scheduled proof, if– | ||
(i) the cause is settled or abandoned 7 or more days before the scheduled proof | £73.26 | |
(ii) paragraph (i) does not apply | £87.96 | |
(b) any adjourned proof, if the postponement from the hearing previously scheduled exceeds 6 days and– | ||
(i) the cause is settled or abandoned 7 or more days before the scheduled proof | £36.63 | |
(ii) paragraph (i) does not apply | £43.98 | |
14. | The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition
|
£21.11 |
15. | In connection with a proof or a trial and debate on evidence taken at the close of proof, the fee for each half hour– | |
(a) conducting that hearing | £21.11 | |
(b) waiting in court for that hearing | £11.22 | |
16. | In connection with a debate on evidence not taken at the close of proof, the fee for– | |
(a) all preparatory work | £49.06 | |
(b) attendance at court, per half hour | £21.11 | |
17. | In connection with a minute of judicial tender– | |
(a) the fee for consideration of, preparing and lodging the minute | £44.53 | |
(b) on acceptance of the tender, the fee for consideration of, preparing and lodging the minute of acceptance and attendance at court when decree is granted in terms of that minute | £31.27 | |
(c) on rejection of the tender, the fee for considering it | £31.27 | |
18. | The fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto
|
£73.26 |
19. | In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972(a), the fee for– | |
(a) drawing, intimating and lodging the application and, where relevant, specification and any relative attendance at court, where the application is– | ||
(i) opposed | £48.95 | |
(ii) unopposed | £26.74 | |
(b) considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is– | ||
(i) opposed | £36.63 | |
(ii) unopposed | £21.11 | |
(c) each subsequent half hour, where attendance at court exceeds half an hour | £21.11 | |
(d) citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour | £21.11 | |
(e) serving an order on each person, if optional procedure is adopted | £14.42 | |
(f) each half hour perusing the documents recovered | £21.11 | |
20. | In connection with an open commission to take evidence, the fee for– | |
(a) all work, excluding attendance at the commission, by the– | ||
(i) solicitor applying for the commission | £49.06 | |
(ii) the opposing solicitor | £21.11 | |
(b) each half hour attending the execution of the commission | £21.11 | |
[76] | ||
22. | At the conclusion of the cause, the fee for– | |
(a) settling with witnesses and noting the final decree | £44.53 | |
(b) the successful party to cover drawing the account of expenses, arranging, intimating and attending a diet of taxation and obtaining approval of the auditor’s report and, where necessary, ordering, procuring and examining extract decree or adjusting account with opponent | £44.53 | |
(c) the unsuccessful party to cover considering the opponent’s account of expenses and, where necessary, adjusting the account with opponent or attending a diet of taxation | £21.11 |
1. Petition for decree dative | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Inclusive fee for taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition | £34.72 |
2. Restriction of Caution | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Inclusive fee for taking instructions to prepare drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition | £34.72 |
1. | Petition for decree dative
|
|
Inclusive fee for taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition
|
£33.70 | |
2. | Restriction of Caution
|
|
Inclusive fee for taking instructions to prepare drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition
|
£33.70 | |
3. | Fees for other work shall be chargeable according to Schedule 3
|
[77]FEES ALLOWABLE TO SOLICITORS FOR SIMPLE PROCEDURE CASES AND FIRST-TIER TRIBUNAL FOR SCOTLAND CASES[78]
Regulation 5
(a) a “sheet” shall consist of 250 words or numbers;
(b) a “page” shall consist of 125 words or numbers.
Table of Fees
2. In the Table of Fees -
(a) a “sheet” shall consist of 250 words or numbers;
(b) a “page” shall consist of 125 words or numbers.
1. | The fee for — | |
(a) any time up to the first half hour spent by a solicitor conducting a proof or hearing | £34.15 | |
(b) each quarter hour (or part thereof) subsequent to the first half hour | £17.10 | |
2. | The fee for — | |
(a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 7 of this table, provided that any time is additional to the total time charged for under paragraph 1 | £13.14 | |
(b) each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 7 of this table | £6.55 | |
3. | The fee for framing affidavits - per sheet (or part thereof) | £10.79 |
4. | The fee for — | |
(a) framing and drawing all necessary papers, other than affidavits or papers of a formal character - per sheet (or part thereof) | ||
(b) each citation of a party, witness or haver including execution thereof | ||
(c) instructing sheriff officers, including examining execution and settling fee | ||
(d) agency accepting service or any writ | ||
(e) lodging first step of process | ||
(f) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) | ||
(g) letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below | ||
(h) perusing any document (other than a letter) consisting of not more than 12 sheets - for the first 2 sheets and each 2 sheets thereafter | ||
Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above, | ||
in each of sub-paragraphs (a) to (h). | £7.47 | |
5. | The fee for — | |
(a) attendance at court or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | ||
(b) revising papers drawn by counsel, where ordered or necessary - per 5 sheets (or part thereof) | ||
(c) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | ||
(d) certifying or signing a document | ||
(e) short telephone calls (of up to 4 minutes duration) | ||
(f) short letters of a formal nature, intimations, and letters confirming telephone calls | ||
in each of sub-paragraphs (a) to (f) | £2.99 | |
6. | The fee for each quarter of an hour (or part thereof) spent travelling — | |
(a) by a solicitor | £6.58 | |
(b) by a solicitor's clerk | £3.28 | |
7. | (a) There is no fee for photocopying — | |
(i) where fewer than 20 sheets are copied at any one time | ||
(ii) in relation to the first 20 sheets copied at any one time | ||
(b) Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is — | ||
(i) for each sheet copied for up to 10,000 sheets | £0.05 | |
(ii) for each sheet copied in addition to the first 10,000 sheets | £0.01 |
1. | The fee for-
(a) any time up to the first half hour spent by a solicitor conducting a proof or hearing; (b) each quarter hour (or part thereof) subsequent to the first half hour.
|
£33.15 £16.60 |
2. | The fee for-
(a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to [79]7 hereof, provided that any time is additional to the total time charged for under paragraph 1 above; (b) each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to [80]7 hereof. |
£12.75
£6.35 |
3. | The fee for-
framing affidavits – per sheet (or part thereof) |
£10.47 |
4. | The fee for-
(a) framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof); (b) each citation of a party, witness or haver including execution thereof; (c) instructing sheriff officers, including examining execution and settling fee; (d) agency accepting service or any writ; (e) lodging first step of process; (f) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration); (g) letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below; (h) perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter- Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above, in each of sub-paragraphs (a) to (h).
|
£7.25 |
5. | The fee for-
(a) attendance at court [81]or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged; (b) revising papers drawn by counsel, where ordered or necessary – per 5 sheets [82](or part thereof); (c) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof); (d) certifying or signing a document; (e) short telephone calls (of up to 4 minutes duration); (f) short letters of a formal nature, intimations, and letters confirming telephone calls,
in each of sub-paragraphs (a) to (f).
|
£2.90 |
6. | The fee for each quarter of an hour (or part thereof) spent travelling-
(a) by a solicitor; (b) by a solicitor’s clerk.
|
£6.38 £3.18 |
7. | (a) There is no fee for photocopying-
(i) where fewer than 20 sheets are copied any one time; (ii) in relation to the first 20 sheets copied at any one time. (b) Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is- (i) for each sheet copied for up to 10,000 sheets; (ii) for each sheet copied in addition to the first 10,000 sheets.
|
£0.05 £0.01 |
Table of detailed fees chargeable by solicitors for proceedings in the Court of Session and sheriff court[83]
Schedule 3 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
1. | The fee for— | ||
(a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £29.05 | |
(b) | each quarter hour (or part thereof) subsequent to the first half hour | £14.53 | |
2. | The fee for— | ||
(a) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 | £11.23 | |
(b) | each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table | £5.56 | |
3. | The fee for framing affidavits – per sheet (or part thereof) | £9.53 | |
4. | The fee for— | ||
(a) | framing and drawing all necessary papers, other than affidavits or papers of a formal character | ||
(b) | each citation of a party, witness or haver including execution thereof | ||
(c) | instructing messengers-at-arms and sheriff officers, including examining execution and settling fee | ||
(d) | agency accepting service of any writ | ||
(e) | lodging first step of process | ||
(f) | lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) | ||
(g) | letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below | ||
(h) | perusing any document (other than a letter) consisting of not more than 12 sheets - for the first 2 sheets and each 2 sheets thereafter | ||
NOTE: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above | |||
in each of sub-paragraphs (a)-(h) | £6.39 | ||
5. | The fee for— | ||
(a) | attendance at court offices for carrying out formal work including making up process and each necessary lodging in (other than first step), uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | ||
(b) | revising papers drawn by counsel, open and closed records etc. or where revisal ordered - per 5 sheets (or part thereof) | ||
(c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | ||
(d) | certifying or signing a document | ||
(e) | short telephone calls (of up to 4 minutes duration) | ||
(f) | short letters of a formal nature, intimations, and letters confirming telephone calls | ||
in each of sub-paragraphs (a) to (f) | £2.53 | ||
5A. | The fee for each quarter hour (or part thereof) spent travelling— | ||
(a) | by a solicitor | £5.52 | |
(b) | by a solicitor’s clerk | £2.79 | |
6. | Where a document is copied and it is necessary to take a copy of more than 20 sheets (whether 20 of 1 sheet, 5 of 4 sheets or whatever), for each sheet copied a fee of | £0.08 |
Regulation 5
1. | The fee for –
|
|
(a) Any time up to the first half hour spent by a solicitor conducting a proof or hearing | £28.20 | |
(b) Each quarter hour (or part thereof) subsequent to the first half hour | £14.10 | |
2. | The fee for –
|
|
(a) Each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 hereof, provided that any time is additional to the total time charged for under paragraph 1 above | £10.90 | |
(b) Each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 6 hereof | £5.40 | |
3. | The fee for –
|
|
Framing affidavits - per sheet (or part thereof)
|
£9.25 | |
4. | The fee for –
|
|
(a) Framing and drawing all necessary papers, other than affidavits or papers of a formal character | ||
(b) Each citation of a party, witness or haver including execution thereof | ||
(c) Instructing messengers-at-arms and sheriff officers, including examining execution and settling fee | ||
(d) Agency accepting service of any writ | ||
(e) Lodging first step of process | ||
(f) Lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) | ||
(g) Letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below |
(h) Perusing any document (other than a letter) consisting of not more than 12 sheets - for the first 2 sheets and each 2 sheets thereafter* - | |||
in each of sub-paragraphs (a)-(h)
|
£6.20 | ||
*NOTE: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above.
|
|||
5. | The fee for –
|
||
(a) Attendance at court offices for carrying out formal work including making up process and each necessary lodging in (other than first step), uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |||
(b) Revising papers drawn by counsel, open and closed records etc. or where revisal ordered - per 5 sheets (or part thereof) | |||
(c) Framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |||
(d) Certifying or signing a document | |||
(e) Short telephone calls (of up to 4 minutes duration) | |||
(f) Short letters of a formal nature, intimations, and letters confirming telephone calls - | |||
5A.[84] |
in each of sub-paragraphs (a) to (f)
The fee for each quarter hour (or part thereof) spent travelling-
(a) by a solicitor (b) by a solicitor’s clerk
|
£2.45
£5.45 £2.70 |
|
6. | Where a document is copied and it is necessary to take a copy of more than 20 sheets (whether 20 of 1 sheet, 5 of 4 sheets or whatever), for each sheet copied a fee of
|
£0.08 | |
Interpretation
[85]In this Table -
"court" means court or tribunal as the case may be;
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers
Fees of counsel for proceedings in the Court of Session[86], sheriff appeal court, Sheriff Court and Upper Tribunal for Scotland.
(a) where that person is acting as a junior solicitor-advocate, the same as that allowable to a junior counsel for undertaking an item of work equivalent to that undertaken by the solicitor-advocate; or
(b) where that person is acting as a senior solicitor-advocate, the same as that allowable to a senior counsel for undertaking an item of work equivalent to that undertaken by the solicitor-advocate.
(a) it shall be for counsel to identify any factors justifying a higher fee than the minimum prescribed;
(b) where a fee relates to the drafting of any document the length of the document shall be a subordinate consideration to the content of the document;
(c) in determining the appropriate fee for drafting a summons, petition, defences, or answers regard shall be had to the volume of documentation that required to be considered, and the novelty or difficulty of the work involved;
(d) in determining the appropriate level of fee for a consultation, regard shall be had to the length of the consultation and any reasonable and proportionate preparation required which has not otherwise been reflected in an additional fee for preparation, or in a fee for a proof or other hearing; and
(e) in determining the appropriate fee for drafting a note, regard shall be had to the issues involved, the importance, novelty or complexity of the applicable law and, as appropriate, the absence of previous authority or the existence of adverse authority.
(a) does not proceed (a date or dates having been assigned for the hearing);
(b) does not exceed a day in duration;
(c) does not exceed four days in duration, and the Board is satisfied that the case is abnormal in magnitude, difficulty or any other respect; or
(d) exceeds four days in duration, and the Board is satisfied that the case is abnormal in magnitude, difficulty of any other respect, and also that counsel required to consider an abnormally large quantity of documentation.
(a) the fee is only chargeable in respect of work undertaken following the instruction of counsel for the hearing;
(b) in respect of any hearing, except on cause shown, such a fee is allowable only once to junior or senior counsel, or as the case may be junior and senior counsel, notwithstanding that the applicant or assisted person is represented by more than one junior or senior counsel during the course of the proceedings;
(c) the Board, or as the case may be the auditor, must be satisfied that the time engaged in preparation was reasonable and proportionate in all the circumstances of the case; and
(d) counsel shall provide the Board with a detailed summary of the work undertaken and the documentation perused at each stage of the process and shall, if required by the Board, provide details of authorities referred to, the time engaged, dates and locations as to when and where the work was undertaken, and any contemporaneous records or notes made in the course of preparation.
(a) counsel has accepted instructions to appear at a proof, debate or similar hearing assigned for 8 days or more over consecutive weeks;
(b) the proceedings settle on or before the first day of the hearing;
(c) counsel is notified that the hearing is not proceeding no more than two working days before the start of the hearing; and
(d) in the case of a hearing assigned for fewer than 12 days, counsel is not otherwise entitled to a fee for attendance at the first day of the hearing.
(a) 2 units shall be payable in the case of a hearing assigned for 12 days or more where counsel is not otherwise entitled to a fee for attendance at the first day of the hearing; and
(b) 1 unit shall be payable in any other case.
(a) counsel’s fees are allowable only where the Board has approved the employment of counsel or where the approval of the Board is not required;
(b) junior counsel shall only be allowed the fees prescribed in Part 1 of the applicable Table of Fees even where sanction has been granted for the employment of senior counsel;
(c) except on cause shown, fees to counsel shall be allowed for no more than two consultations in the course of proceedings;
(d) notwithstanding that sanction may have been granted for the employment of senior counsel, or for the employment of a second junior counsel, fees shall not be payable for the attendance of two counsel at a hearing which by its nature does not require the attendance of a second counsel, or for the attendance of senior counsel at a hearing that by its nature does not require the attendance of senior counsel; and
(e) correspondence, telephone calls and meetings between counsel acting for the same assisted person are not allowable as separate items and shall be subsumed within the fees prescribed for the associated item of work in the Tables of Fees.
(a) no fee shall be allowed to counsel for drafting defences in skeleton form;
(b) except on cause shown, no fee shall be allowed to counsel for drafting or revising a motion or for attendance at the calling of a motion; and
(c) except on cause shown, no fee shall be allowed to counsel for attendance at hearings which are routine, or procedural in nature, or unopposed.
(a) the travel undertaken must involve a round trip exceeding 60 miles in each direction;
(b) counsel shall, if required, produce vouching of the travel undertaken; and
(c) the fee is chargeable only once in respect of each round trip, irrespective of the number of cases for which the travel is undertaken.
15.
(1) Travel costs are chargeable as an outlay only in circumstances where a fee for time engaged in necessary travel is chargeable under paragraph 14.
(2) Counsel shall if required provide vouching of the costs incurred.
16.
(1) The cost of necessary accommodation and subsistence is chargeable as an outlay up to the level specified in paragraph 14 of Chapter 6 of Part 1 and paragraph 8 of Part 2 of Table of Fees A and in paragraph 11 of Part 1 and paragraph 8 of Part 2 of Table of Fees B only in circumstances where a fee for time engaged in necessary travel is chargeable under paragraph 14, and on cause shown.
(2) Counsel shall if required provide vouching of the costs incurred.
17. In any taxation of counsel’s fees in terms of regulation 12, the auditor shall have regard to information not previously made available to the Board only if the information was not available to be provided to the Board at the time it made the offer to counsel which is the subject of taxation, or on cause shown.
Schedule 4 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
TABLE OF FEES A | ||||
Fees of counsel for proceedings in the court of session | ||||
PART 1
JUNIOR COUNSEL |
||||
CHAPTER 1 –FAMILY ACTIONS | ||||
1. | Summons or other initiating writ | £309.00 | ||
2. | Minute | |||
(a) | minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision | £206.00 | ||
(b) | any other minute containing a conclusion or crave | £154.50 | ||
3. | Defences or answers | |||
(a) | Defences or answers in purely skeleton form to preserve the rights of parties | £51.50 | ||
(b) | Defences or answers to which sub‑paragraph (a) does not apply | £283.25 | ||
4. | Joint minute or minute of agreement regulating aliment, financial provision, orders relating to parental responsibilities or parental rights or any other matter in respect of which orders may be sought | |||
(a) | straightforward cases | £51.50 | ||
(b) | other cases | £128.75 | ||
(c) | minute of agreement | £206.00 | ||
5. | Minute for decree | £51.50 | ||
6. | All other work - the fees prescribed in Chapter 6 apply | |||
CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) | ||||
1. | Petition | |||
(a) | petition for interdict | |||
(i) | straightforward cases | £206.00 | ||
(ii) | other cases | £309.00 | ||
(b) | other Outer House petitions | £309.00 | ||
(c) | the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees | |||
2. | Answers | |||
(a) | petition for interdict | £154.50 | ||
(b) | other Outer House petitions | £154.50 | ||
(c) | the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees | |||
3. | All other work - the fees prescribed in Chapter 6 apply | |||
CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW | ||||
1. | Petition for judicial review | £360.50 | ||
2. | Oral hearing at permission stage or procedural hearing | |||
(a) | where the hearing does not exceed 30 minutes | £61.80 | ||
(b) | where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £51.50 | ||
3. | Substantive hearing | |||
(a) | junior alone | £927.00 | ||
(b) | junior with senior | £669.50 | ||
4. | Written statement of arguments | £206.00 | ||
5. | All other work - the fees prescribed in Chapter 6 apply | |||
CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN | ||||
1. | Petition | £334.75 | ||
2. | Answers | £334.75 | ||
3. | Motion for interim orders | |||
(a) | where the hearing does not exceed 30 minutes | £61.80 | ||
(b) | where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £51.50 | ||
4. | First or second hearing (per day) | |||
(a) | junior alone | £927.00 | ||
(b) | junior with senior | £669.50 | ||
5. | Revising any affidavit which requires to be lodged | £51.50 | ||
6. | All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply | |||
CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 | ||||
1. | Petition | £309.00 | ||
2. | Revising any affidavit which requires to be lodged | £51.50 | ||
3. | Note for revocation of permanence order or other note in the adoption process | £206.00 | ||
4. | Hearing to set timetable or determine procedure (per half hour) | £51.50 | ||
5. | All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply | |||
CHAPTER 6 – ORDINARY ACTIONS | ||||
1. | Summons | £309.00 | ||
2. | Defences | |||
(a) | where in purely skeleton form to preserve rights of parties | £51.50 | ||
(b) | otherwise | £283.25 | ||
3. | Adjustment of pleadings | |||
(a) | adjustment of skeleton defences | £231.75 | ||
(b) | otherwise (each occasion) | £77.25 | ||
4. | Specification of documents | |||
(a) | specification with standard calls only | £51.50 | ||
(b) | other specification of documents | £128.75 | ||
5. | Minutes etc. | |||
(a) | formal amendments or answers | £77.25 | ||
(b) | amendments or answers other than formal | £154.50 | ||
(c) | drafting, revising and signing tender or acceptance | £51.50 | ||
(d) | note of exceptions | £51.50 | ||
(e) | abandonment, sist, restriction, etc. | £51.50 | ||
(f) | issue or counter issue | £77.25 | ||
6. | Notes | |||
(a) | note on liability and/or quantum | £154.50- £360.50 | ||
(b) | note advising on tender or extra-judicial offer, where not merely confirming advice at consultation | £128.75 | ||
(c) | note on line of evidence | £206.00-£412.00 | ||
(d) | other types of note | £154.50 | ||
7. | Consultations | |||
(a) | before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion— | |||
(i) | junior alone | £257.50-£412.00 | ||
(ii) | junior with senior | £206.00-£309.00 | ||
(b) | other consultations— | |||
(i) | junior alone | £128.75-£257.50 | ||
(ii) | junior with senior | £103.00-£206.00 | ||
8. | Pre-trial meetings | |||
Pre-trial meeting with opponent with a view to settlement of the case (to include preparation of minute of pre-trial meeting and any associated joint minute) | ||||
(i) | junior alone | £463.50 | ||
(ii) | junior with senior | £360.50 | ||
9. | Motions (including By Order hearings) | |||
(a) | where the hearing does not exceed 30 minutes | £61.80 | ||
(b) | where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £51.50 | ||
9A. | Any other hearing where no other fee is specified | |||
(a) | where the hearing does not exceed 30 minutes | £61.80 | ||
(b) | where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £51.50 | ||
10. | Procedure roll, proof or jury trial (per day) | |||
(a) | junior alone | £927.00 | ||
(b) | junior with senior | £669.50 | ||
11. | Inner House | |||
(a) | Single Bills | |||
(i) | where the hearing does not exceed 30 minutes | £77.25 | ||
(ii) | where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £51.50 | ||
(b) | reclaiming motion including appeal under section 163, 164 or 165 of the 2011 Act([1]) (per day) | |||
(i) | junior opening or appearing alone | £1,030.00 | ||
(ii) | junior otherwise | £721.00 | ||
(c) | motion for new trial (per day) | |||
(i) | junior opening or appearing alone | £772.50 | ||
(ii) | junior otherwise | £515.00 | ||
12. | Attendance at judgment | |||
(a) | Outer House | £51.50 | ||
(b) | Inner House | £51.50 | ||
13. | Time engaged in necessary travel | |||
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken | £103.00 | |||
14. | Accommodation and associated subsistence | |||
Payment of necessary accommodation and associated subsistence per day | £103.00 |
([1]) The Children’s Hearings (Scotland) Act 2011 (asp 1). Defined in regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989/1490.
Schedule 4 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
PART 2
SENIOR COUNSEL
FAMILY ACTIONS, PETITIONS (INCLUDING JUDICIAL REVIEW, ABDUCTION AND ADOPTION) AND ORDINARY ACTIONS
1. | Drafting or revisal of pleadings | ||
(a) | drafting of summons, defences, petition or answers | £437.75 - £515.00 | |
(b) | revisal of summons, defences, petition or answers | £154.50 | |
(c) | adjustment fee (open record) (each occasion) | £128.75 | |
2. | Minutes, etc. – revisal fees | ||
(a) | amendments (other than formal) or answers | £206.00 | |
(b) | admissions, tender or acceptance (in appropriate cases) | £77.25 | |
(c) | note of exceptions | £103.00 | |
3. | Notes | ||
(a) | note on liability and/or quantum | £231.75 - £566.50 | |
(b) | advice on tender or extra‑judicial offer when not merely confirming advice at consultation | £206.00 | |
(c) | note on line of evidence | £309.00 -£618.00 | |
(d) | other notes | £231.75 | |
4. | Consultations | ||
before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion with senior alone or with senior and junior | £309.00-£566.50 | ||
5. | Pre-trial meetings | ||
Pre-trial meetings with opponent with a view to settlement of case (to include preparation of minute of pre-trial meeting and any associated joint minute) | £669.50 | ||
6. | Day in court | ||
(a) | Inner House including appeal under section 163, 164 or 165 of the 2011 Act([2]) | £1,545.00 | |
(b) | Outer House | £1,390.50 | |
7. | Time engaged in necessary travel | ||
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken | £103.00 | ||
8. | Accommodation and associated subsistence | ||
Payment of necessary accommodation and associated subsistence per day | £103.00 |
([2]) The Children’s Hearings (Scotland) Act 2011 (asp 1). Defined in regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989/1490.
TABLE OF FEES B
Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland |
||||
PART 1
JUNIOR COUNSEL |
||||
1. | Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland) | £283.25 | ||
2. | Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland) | £231.75 | ||
3. | Adjustment of pleadings | |||
Adjustment fee (each occasion) | £69.53 | |||
4. | Specification of documents | |||
(a) | straightforward cases | £46.35 | ||
(b) | other cases | £113.30 | ||
5. | Minutes, etc. | |||
(a) | formal amendments or answers | £46.35 | ||
(b) | amendments or answers other than formal | £118.45 | ||
(c) | drafting, revising and signing tender or acceptance | £46.35 | ||
(d) | note of exceptions | £41.20 | ||
(e) | abandonment, sist, restriction, etc. | £41.20 | ||
6. | Notes | |||
(a) | note on liability and/or quantum | £139.05 -£324.45 | ||
(b) | note advising on tender or extra-judicial offer, where not merely confirming advice at consultation | £113.30 | ||
(c) | note on line of evidence | £185.40 -£370.80 | ||
(d) | other notes | £139.05 | ||
7. | Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007([3]) | |||
(a) | petition | £283.25 | ||
(b) | minute for revocation of permanence order or other minute in the adoption process | £231.75 | ||
(c) | revising each affidavit | £46.35 | ||
(d) | hearing to set timetable or determine procedure | £46.35 | ||
8. | Applications under section 85(1) of the Children (Scotland) Act 1995([4]) or under section 110 of the 2011 Act([5]) | |||
Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral | £231.75 | |||
Written application under section 110 of the 2011 Act for review of grounds of determination | £231.75 | |||
9. | Motions | |||
Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof | £46.35 | |||
10. | Time engaged in necessary travel | |||
Supplementary fee chargeable where necessary travel undertaken | £103.00 | |||
11. | Accommodation and associated subsistence | |||
Payment of necessary accommodation and associated subsistence per day | £103.00 | |||
Junior with senior | Junior
alone |
|||
12. | Consultations (including joint consultations with opponent with a view to negotiating settlement) | |||
Before proof, or otherwise involving a significant degree of preparation or lengthy discussion | £185.40 -£278.10 | £231.75-£370.80 | ||
13. | Child welfare hearing | |||
Attendance up to half hour, and for each subsequent half hour or part thereof | £41.20 | £56.65 | ||
14. | Hearings under Part II of Chapter 3 of the Children (Scotland) Act 1995 | |||
(a) | under section 55 to defend an application for a child assessment order | £41.20 | £56.65 | |
(b) | under section 60(7) for an application to set aside or vary a child protection order | £41.20 | £56.65 | |
(c) | under section 67 to defend a warrant for further detention of a child | £41.20 | £56.65 | |
14A. | Applications to the sheriff under the 2011 Act | |||
(a) | under section 48 to vary or terminate a child protection order | £41.20 | £56.65 | |
(b) | under section 98 to extend or vary an interim compulsory supervision order | £41.20 | £56.65 | |
(c) | under section 99 to further extend or vary an interim compulsory supervision order | £41.20 | £56.65 | |
(d) | under section 166 to review a decision or determination to impose a duty on a local authority | £41.20 | £56.65 | |
15. | Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) | |||
(a) | up to 20 days | £643.75 | £834.30 | |
(b) | subsequent days | £579.38 | £750.87 | |
16. | Appeal to the Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) | £669.50 | £875.50 | |
17. | Any other hearing where no other fee is specified | |||
Attendance for up to half hour, and for each subsequent half hour or part thereof | £56.65 |
([3]) Adoption and Children (Scotland) Act 2007 (asp 4).
([4]) Children (Scotland) Act 1995 c.36.
([5]) The Children’s Hearings (Scotland) Act 2011 (asp 1). Defined in regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989/1490.
PART 2
SENIOR COUNSEL |
|||
1. | Revisal of pleadings | ||
(a) | revisal of initial writ, defences, petition or answers | £139.05 | |
(b) | adjustment fee (open record) (each occasion) | £115.88 | |
2. | Other revisal fees | ||
(a) | amendments (other than formal) or answers | £185.40 | |
(b) | admissions, tender or acceptance (in appropriate cases) | £69.53 | |
3. | Notes | ||
(a) | note on liability and/or quantum | £208.58 -£515.00 | |
(b) | advice on tender or extra-judicial offer where not merely confirming advice at consultation | £278.10 | |
(c) | note on line of evidence | £278.10 -£556.20 | |
(d) | other notes | £208.58 | |
4. | Consultations (including joint consultations with opponent with a view to negotiating settlement) | ||
Before proof, or otherwise involving a significant degree of preparation or lengthy discussion | £278.10 -£515.00 | ||
4A. | Applications to the sheriff under the 2011 Act([6]) | ||
(a) | under section 48 to vary or terminate a child protection order | £84.98 | |
(b) | under section 98 to extend or vary an interim compulsory supervision order | £84.98 | |
(c) | under section 99 to further extend or vary an interim compulsory supervision order | £84.98 | |
(d) | under section 166 to review a decision or determination to impose a duty on a local authority | £84.98 | |
5. | Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995([7]) and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) | ||
(a) | up to 20 days | £1,251.45 | |
(b) | subsequent days | £1,126.31 | |
6. | Appeal to Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) | £1,339.00 | |
7. | Time engaged in necessary travel | ||
Supplementary fee chargeable where necessary travel undertaken | £103.00 | ||
8. | Accommodation and associated subsistence | ||
Payment of necessary accommodation and associated subsistence per day | £103.00 |
([6]) The Children’s Hearings (Scotland) Act 2011 (asp 1). Defined in regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989/1490.
Table of detailed fees chargeable by solicitors for proceedings in the Court of Session[121], sheriff appeal court and upper tribunal for scotland, proceedings listed at regulation 5(3) and proceedings in the sheriff court listed in schedule 7
[124] Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.
Interpretation
In this Table –
“court” means court or tribunal as the case may be;
a “sheet” shall consist of 250 words or numbers; [125]and
a “page” shall consist of 125 words or numbers; [126]
1. | The fee for — | |||
(a) any time up to the first half hour spent by a solicitor conducting a proof or hearing | £38.71 | |||
(b) each quarter hour (or part thereof) subsequent to the first half hour | £19.36 | |||
2. | The fee for — | |||
(a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 | £14.97 | |||
(b) each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table | £7.40 | |||
3. | The fee for — | |||
framing affidavits - per sheet (or part thereof) | £12.69 | |||
4. | The fee for — | |||
(a) framing and drawing all necessary papers, other than affidavits or papers of a formal character - per sheet (or part thereof) | ||||
(b) each citation of a party, witness or haver including execution thereof | ||||
(c) instructing messengers-at-arms and sheriff officers, including examining execution and settling fee | ||||
(d) agency accepting service or any writ | ||||
(e) lodging first step of process | ||||
(f) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) | ||||
(g) letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below | ||||
(h) perusing any document (other than a letter) consisting of not more than 12 sheets - for the first 2 sheets and each 2 sheets thereafter— | ||||
Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above | ||||
in each of sub-paragraphs (a) to (h) | £8.54 | |||
5. | The fee for — | |||
(a) attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | ||||
(b) revising papers drawn by counsel, where ordered or necessary - per 5 sheets (or part thereof) | ||||
(c) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | ||||
(d) certifying or signing a document | ||||
(e) short telephone calls (of up to 4 minutes duration) | ||||
(f) short letters of a formal nature, intimations, and letters confirming telephone calls | ||||
in each of sub-paragraphs (a) to (f) | £3.36 | |||
5A. | The fee for each quarter of an hour (or part thereof) spent travelling — | |||
(a) by a solicitor | £7.49 | |||
(b) by a solicitor's clerk | £3.70 | |||
6. | (a) There is no fee for photocopying — | |||
(i) where fewer than 20 sheets are copied at any one time | ||||
(ii) in relation to the first 20 sheets copied at any one time | ||||
(b) Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is — | ||||
(i) for each sheet copied for up to 10,000 sheets | £0.05 | |||
(ii) for each sheet copied in addition to the first 10,000 sheets | £0.01 |
Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.
Interpretation
In this Table –
"court" means court or tribunal as the case may be;
a "sheet" shall consist of 250 words or numbers;[4]and
a "page" shall consist of 125 words or numbers;
Table of fees chargeable by solicitors for proceedings in the sheriff court (except summary cause and executry proceedings and the proceedings listed in schedule 7) [128]and in the sheriff appeal court
Regulations 5 and 6
NOTE
As substituted by S.S.I. 2007 No.14 (in force from 10 February 2007), and amended by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009.
Part 1 of Chapter 1 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
Notes on the operation of Chapter I
Payment of the fees set out in the table in this chapter is subject to the following provisions.
6. In addition to the fees payable under Part II of this chapter, travel time is payable at £7.49 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–
(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;
(b) the solicitor's attendance is necessary for the advancement of the case;
(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;
(d) 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).
Work done | Inclusive Fee in Units |
Part I – Negotiation | |
1. Cases where settlement is effected without an action being raised where through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor a negotiated settlement is reached and minute of agreement or separation agreement, as the case may be, is entered into (subject to a maximum charge of 19); or | 10–19 |
2. Cases where settlement is not effected but where without an action being raised the outcome or disposal is effected through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor (subject to a maximum charge of 10). | 5–10 |
Part 2 of Chapter 1 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
Notes on the operation of Chapter I
Payment of the fees set out in the table in this chapter is subject to the following provisions.
6. In addition to the fees payable under Part II of this chapter, travel time is payable at £7.49 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–
(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;
(b) the solicitor's attendance is necessary for the advancement of the case;
(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;
(d) 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).
Part II – All actions except those actions of divorce or separation and aliment to which Part III applies | |
Inclusive Fee in Units | |
1. Actions (other than those specified in paragraph 2 of this Part) in which decree is granted without proof– | |
Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree.[131] | 10 |
Note: In cases where settlement is effected after service of a writ but before the expiry of the period of notice. | 5 |
Additional fee to cover– | |
(a)[132] 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); | 6 |
(b) [133]thereafter, 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. | 1 |
To framing all necessary affidavits per sheet (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). | 1 |
Note: Charges levied by notaries outwith the United Kingdom shall be payable according to the circumstances of the case; and | |
affidavits in this Part do not include those required to prove a divorce. | |
[134]Report Fee – to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either–(i) where the report is commissioned by the solicitor for the assisted person; or
(ii) where the report is commissioned by order of Court. |
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[135]Attendance at Hearing – 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 Part II of Chapter I. | |
2. Actions of separation and aliment (not being actions to which Part III of this chapter applies) or residence and aliment where proof takes place– | |
inclusive fee to cover all work from taking instructions up to and including obtaining extract decree. | 20 |
Part 3 of Chapter 1 of Scedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
Notes on the operation of Chapter I
Payment of the fees set out in the table in this chapter is subject to the following provisions.
6. In addition to the fees payable under Part II of this chapter, travel time is payable at £7.49 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–
(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;
(b) the solicitor's attendance is necessary for the advancement of the case;
(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;
(d) 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).
Part III –
Actions of divorce or separation and aliment where proof is by means of affidavits 1. In any undefended action of divorce or separation and aliment where– (a) the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 are relied upon; and (b) the pursuer seeks to prove those facts by means of affidavits, the pursuer’s solicitor may in respect of the work specified in column 1 of Table A in this paragraph charge the inclusive fee specified in respect of that work in column 2 of that Table.
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TABLE A | |
Column 1 | Column 2 |
Inclusive Fee in Units | |
1. All work to and including the period of notice. | 16 |
2. All work from the period of notice to and including swearing affidavits. | 13 |
3. All work from swearing affidavits to and including sending extract decree. | 3 |
4. All work to and including sending extract decree. | 32 |
2. In any undefended action of divorce or separation and aliment where–
(a) the facts set out in section 1(2) (adultery), 1(2)(d) (one year’s non cohabitation and consent) or 1(2)(e) (two years’ non cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and (b) the pursuer seeks to prove those facts by means of affidavits, the pursuer’s solicitor may, in respect of the work specified in column 1 of Table B in this paragraph, charge the inclusive fee specified in respect of that work in column 2 of that Table. TABLE B
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|
Column 1 | Column 2 |
Inclusive Fee in Units | |
1. All work to and including the period of notice. | 13 |
2. All work from the period of notice to and including swearing affidavits. | 8 |
3. All work from swearing affidavits to and including sending extract decree. | 3 |
4. All work to and including sending extract decree. | 24 |
3. If–(a) the pursuer’s solicitor charges an inclusive fee under paragraph 1 or 2 of this Part; and
(b) the action to which the fee relates includes a crave relating to an ancillary matter, in addition to that fee, he may charge in respect of the work specified in column 1 of Table C in this paragraph the inclusive fee specified in respect of that work in column 2 of that Table. TABLE C
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|
Column 1 | Column 2 |
Inclusive Fee in Units | |
1. All work to and including the period of notice. | 6 |
2. All work from the period of notice to and including swearing affidavits. | 3.5 |
3. All work under items 1 and 2. | 9.5 |
Chapter 2 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
Notes on the operation of chapter II
Fee payable | Units | |
1. Instruction Fee- | ||
(a)[152] To cover all work from the taking of instructions to the conclusion of proceedings where no fee is payable under paragraph (b). | 10 | |
(b) [153] To cover all work from the taking of instructions to–(i) commence proceedings until the lodging of a Notice of Intention to Defend or the first appearance of the defender; or
(ii) to defend proceedings until the date appointed for the lodging of defences, the making of an order dispensing with written defences, the first appearance of the defender or the issue of the usual procedural timetable (except as specifically provided below). |
20 | |
(c) Counterclaim – Additional fee where a counterclaim is lodged. | 4 | |
(d) Transfer of Agency – receiving instructions after a transfer of agency, where defences have, or should already have been, lodged, to include familiarising the incoming agent with the file. | 8 | |
2. Progress Fees- | ||
(a) [154] | ||
(i) To cover all additional work (including adjustment and attendance at Options Hearing) from the conclusion of the work in Paragraph 1 until the allowance of a Proof or Debate or other court hearing fixed for the purpose of settlement (except as specifically provided below); | 19 | |
(ii) To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents and resulting, prior to the allowance of a Proof, Debate, or other court hearing fixed for the purpose of settlement, in the negotiated settlement of the action (except as specifically provided below); or | 19 | |
(iii) To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents where, prior to the allowance of a Proof or Debate, or other court hearing fixed for the purpose of settlement, an outcome or disposal is effected (subject to a maximum charge of 10 units) (except as specifically provided below); | 10 | |
(b)[155] Fee to cover all work for the preparation and attendance at any Continued Options Hearing including the preparation of an amended Record. | 2 |
3. Motions and Minutes etc.- | |
(a) Fee to cover drawing, intimating, lodging, receiving and opposing (if so advised) any reponing note or written motion or minute (including Motions for interim orders) for any party- | |
(i) where opposed or unopposed and involving a hearing before the Sheriff, to include the first quarter hour of argument, even if involving appearances on different dates | 6 |
(ii) where unopposed and not involving a hearing | 2 |
(iii) thereafter attendance fee per quarter hour, including any continuation of the diet ordered by the Sheriff to allow a minute of amendment to be received and answered | 1 |
(b) Fee to cover drawing, or receiving Minute of Amendment, in addition to motion fee, if appropriate – | |
(i) where assisted person is party bringing amendment and no answers lodged; | 4 |
(ii) where amendment is sought by another party and no answers lodged by assisted person; | 2 |
(iii) where answered, to include adjustment as required, for any party. | 6 |
(c) Specification of Documents, in addition to motion fee, if appropriate – | |
(i) fee to cover drawing, intimating and lodging Specification | 4 |
(ii) fee to opposing solicitor. | 2 |
4. Miscellaneous Fees | |
(a) Affidavits – to framing all necessary affidavits, per sheet. | 1 |
(b) Contact Arrangements – fee arranging or attempting to arrange interim contact arrangements where appropriate. | 6 |
(c) Notice to Admit – preparing and serving/receiving a Notice to admit and serving a counter notice if required. | 4 |
(d) Joint Minute of Admissions – preparing and/or considering and executing a joint minute of admissions with a view to avoiding unnecessary evidence or disposing of some (but not all) craves. | 4 |
(e) Settlement conference/negotiation – participating in a settlement conference or negotiation after the allowance of a proof or debate where the solicitor making the claim is authorised in advance by the client to participate, per quarter hour (subject to a maximum charge of 8 units). | 1 |
(f) Extra Judicial Settlement – fee to cover work to formalise settlement. | 8 |
(g) Minute of Agreement – to drawing/revising Minute of Agreement necessary to accomplish or record overall settlement per sheet (subject to a maximum charge of 8 units). | 1 |
(h) Report Fee – to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either- | |
(i) where the report is commissioned by the solicitor for the assisted person; or | 4 |
(ii) the report is commissioned by order of Court. | |
(i)[156] Additional Procedure – additional fee where Additional Procedure invoked in terms of Chapter 10 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (to include attendance at any procedural hearing(s). | 4 |
(j) Additional fee where the action involves a third party minuter at any stage. | 4 |
(k)[157] Additional fee where the action involves–(i) a complex financial dispute leading to protracted negotiations;
(ii) a complex pension sharing arrangement; or (iii) a contentious contact dispute. |
4 |
(l)[158] Peremptory diet – fee to cover all work in connection with a peremptory diet (excluding attendance at court). | 3 |
5. Preparation | |
(a)[159] Preparation for proof or evidential child welfare hearing | |
(i) If action settled or abandoned not later than 14 days before the diet of proof or evidential child welfare hearing. | 18 |
(ii) Where the action settles within 14 days of, or on the day of, or after the diet of proof or evidential child welfare hearing but without evidence being lead. | 24 |
(iii) In any other case where evidence is led (to include settling with witnesses and enquiring for cause at avizandum (if required). | 36 |
(aa)[160] Preparation for Child Welfare Hearing | |
(i) Fee to cover all work preparing for first hearing. | 6 |
(ii) Fee to cover all work preparing for each subsequent hearing. | 3 |
(b) Preparation for Debate– Fee to cover all work in connection with preparing for any debate, where such debate takes place prior to proof or Proof Before Answer. | 8 |
(c)[161] | |
(d) Commission to Take Evidence – Fee to cover all work preparing for the taking of evidence or executing specification on open commission or proceeding as provided in (iii) below- | |
(i) For solicitor arranging commission. | 8 |
(ii) For opposing solicitor. | 4 |
(iii) If optional procedure adopted-fee for each person on whom specification is served. | 1 |
(iv) Fee for perusing documents recovered-per quarter hour. | 1 |
(e) Preparing for Appeal – Fee to cover all work preparing for an appeal to the [162]Sheriff Appeal Court (to include marking appeal or noting marking of appeal). | 12 |
6.[163] Conduct & Waiting | |
To 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.
Note: The amended structure and the level of fees introduced by the 2007 regulations apply to fees for work done and outlays incurred on or after 10 February 2007. As regards to block fees, the practical effect is that you will be able to charge in line with the new provisions and fees as long as any part of the work, chargeable under the block fee, was undertaken on or after 10 February 2007.
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(a)required instructions to be taken through an interpreter; or
(b)significantly increased the duration of meetings necessary to take instructions
(a)a severe substance abuse problem; or
(b)a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003(5).
5A.[166] That the assisted person or any other witness in the case is a vulnerable witness in terms of section 11 of the Vulnerable Witnesses (Scotland) Act 2004 and this has necessitated significant additional work in seeking, or opposing, or implementing a special measure for the taking of evidence from a vulnerable witness by virtue of sections 11, 12, 13 and 18(1)(a) and/or (b) of that Act.
7.[167] That the case raised unusually complex issues of fact, including detailed consideration of extensive documentary evidence.
Sheriff court proceedings for which fees for work done shall only be payable under schedule 5
Regulation 5
Adoptions;
conveyancing work required to implement an Order of the Court;
[171]division and sale of heritable property;
[172]exceptional cases
fatal accident inquiries;
minute procedure in a closed process;
[173]proceedings arising out of Part II of the Children (Scotland) Act 1995;
[174]proceedings under the 2011 Act, other than those subject to regulation 3(7) of these Regulations.
[175]proceedings arising under the Mortgage Rights (Scotland) Act 2001;
proceedings where the assisted person is a curator ad litem;
proceedings where the assisted person is a third party minuter;
work carried out under Regulation 18 of the Civil Legal Aid (Scotland) Regulations 2002 in a case which does not proceed to a grant of civil legal aid;
[176]work in connection with a motion for modification of expenses of the assisted person, drafting and submitting an account of expenses, or disputing (on receipt) an opponent’s account of expenses, including attendance at taxation and taking/opposing Notes of Objections, including taxations instructed by the Board;
[177]work in connection with letters of inhibition;
[178]work in connection with the registration and enforcement of a decree;
summary applications; and
[179]proceedings in an all-Scotland sheriff court within the meaning of section 42(7) of the Courts Reform (Scotland) Act 2014
[180]Interpretation
1.—(1) For the purposes of this Schedule an “exceptional case” means any case certified as such by the Board on the application of the solicitor involved.
(2) The solicitor involved may apply to the Board not later than 4 months after the conclusion of a case to have it certified as an exceptional case.
(3) The Board will certify a case as exceptional only if satisfied that –
(a)the other party, or as the case may be at least one of the other parties, was a party litigant;
(b)there were concurrent proceedings before a children’s hearing;
(c)the solicitor involved had to apply for a transfer of agency after the fixing of a diet of proof, debate or any other hearing fixed for the purposes of settlement; or
(d)payment in accordance with [181]Schedule 2A or Schedule 6 would not provide reasonable remuneration for the work actually, necessarily and reasonably done because the case involved–
(i)unusual court procedure for which a fee is not otherwise prescribed; or
(ii)a significantly greater volume of work than is usual for a case of that type.
[1] The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2004 [S.S.I. 2004 No.281] (in force from 1 July 2004) apply the amendments contained in the Civil Legal Aid (Scotland) (Fees) Regulations 2003 [S.S.I. 2003 No.178] to ‘legal aid other than criminal legal aid’ effectively restating the regulations for civil and applying them, of new, to legal aid under Section 29 of the Act (Children’s Legal Aid).
[2] As amended by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date) to the extent of the insertion of “otherwise” in the introduction to paragraph (1).
[3] Inserted by S.S.I. No 144 (with effect from 24 June 2013)
[4] Reference to restrictive practices court removed by S.S.I. 2002 No. 496 (in force from 1 December 2002). Reference to House of Lords removed by S.S.I. 312 (in force from 1 October 2009).
[5] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[6] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[7] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016).
[8] Substituted by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[9] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007). Substituted by S.S.I. 312 (in force from 1 October 2009).
[10] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).
[11] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).
[12] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date). Reference to Supreme Court substituted for reference to House of Lords and the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).
[13] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).
[14] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016).
[15] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).
[16] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).
[17] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)
[18] Regulation 3(2) was substituted, and Regulations 3(3), (4) and (5) inserted by S.S.I. 2002 No. 496 (in force from 1 December 2002) and provides a regulatory framework, for the first time, to what was known as the “extra statutory concession”.
[19] Substituted by S.S.I. 2013 No 144 (with effect from 24 June 2013) – additional paragraph inserted as “7” overleaf
[20] Regulation 3(2) was substituted, and Regulations 3(3), (4) and (5) inserted by S.S.I. 2002 No. 496 (in force from 1 December 2002) and provides a regulatory framework, for the first time, to what was known as the “extra statutory concession”.
[21] Substituted by S.S.I. 2011 No. 160 (in force from 1 April 2011) and applying only to proceedings in which fees and outlays have been recovered on or after 1 April 2011.
[22] Substituted by S.S.I. 2011 No. 160 (in force from 1 April 2011) making new arrangements whereby counsel can, independently from the instructing solicitor, opt to accept judicial expenses subject to certain criteria, again applying only to proceedings where fees and outlays are recovered on or after 1 April 2011.
[23] Regulation 3(2) was substituted, and Regulations 3(3), (4) and (5) inserted by S.S.I. 2002 No. 496 (in force from 1 December 2002) and provides a regulatory framework, for the first time, to what was known as the “extra statutory concession”.
[24] Amended by S.S.I. 2011 No. 160 (in force from 1 April 2011 and applying only to proceedings in which fees and outlays have been recovered on or after 1 April 2011) .
[25] Inserted by S.S.I. 2011 No. 160 (as above).
[26] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)
[27] As amended by S.S.I. 2003 No. 178 (in force from 1 October 2003) by substituting “… actually, necessarily and reasonably…” for the previous reference to “reasonable”. This brings the taxation standard more closely in line with that in advice and assistance and criminal legal aid. It applies to all work done and outlays incurred after 1 October 2003 even where civil legal aid was granted before this date.
[28] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[29] As amended by S.S.I. 2003 No. 178 (in force from 1 October 2003) which provides for Court of Session fees to be calculated under the new Schedule 5 rather than Schedule 1 or 3. All Court of Session cases shall now be subject to an account drawn on a detailed basis.
[30] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[31] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[32] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[33] As substituted by S.S.I. 2003 No.178 (in force from 1 October 2003). The various sub-paragraphs now make specific provision for the basis on which accounts shall be lodged depending on the nature of the proceedings. Some procedures continue to be chargeable under Schedule 3. A value is ascribed to the unit. The fee for all work carried out in a case which is at any stage defended shall be calculated on the defended table: a solicitor cannot lodge a defended and undefended account in the same case. Provision is made for the Board, at its discretion, to allow a fee additional to those prescribed in Chapter II of Schedule 6 removing this discretion from the court. Detailed fees are no longer subject to an uplift.
[34] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)
[35] Omitted by S.S.I. 2016 No. 290 (in force from 28 November 2016)
[36] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)
[37] Substituted by S.S.I. 2016 No. 317 (in force from 28 November 2016)
[38] As amended by S.S.I 2019 No.78 (only applying to fees for work done or outlays incurred on or after 26 April 2019) by substituting “£21.63” for “£21.00”. This figure was previously amended by S.S.I. 2009 No.203 (in force from 22 June 2009) by substituting “£21” for “£19” (only applying to fees for work done or outlays incurred on or after 1 April 2008).
[39] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).
[40] Reference to “proceedings under the Children (Scotland) Act 1995” deleted by S.S.I. No. 281 (in force from 1 July 2004).
[41] As amended by S.I. 1999 No. 1042 (in force from 6 May 1999) to the extent of inserting “Judicial Committee of the Privy Council under paragraph 10, 12 or 13(b) of Schedule 6 to the Scotland Act 1998”. Reference to Supreme Court substituted for reference to Judicial Committee of the Privy Council, and reference to House of Lords deleted, by S.S.I. 312 (in force from 1 October 2009).
[42] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)
[43] ”Child Support Commissioners” deleted, and “Upper Tribunal” substituted by S.S.I. 2010 No. 166 (in force from 9 June 2010).
[44] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003) to the extent of substituting “Schedule 5” for “Schedule 3”.
[45] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[46] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003) to the extent of substituting “Schedule 5” for “Schedules 1 or 3”; and by adding the words “and not exceeding 50% of those fees”.
[47] As amended by S.S.I. 2003 No. 178 (in force from 1 October 2003) to the extent of omitting the words “in a cause on the Ordinary Roll, not exceeding 50% and…”. The effect of this is to remove the discretion of the court in considering a percentage increase in fees in a civil legal aid case other than on the Summary Cause Roll.
[47a] Temporarily revoked by The Coronavirus (Scotland) Act 2020 section 5 and schedule 4 paragraph 23 (in force 7 April 2020)
[48] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[49] The words “the Auditor” deleted, and “the Board, or as the case may be the Auditor,” inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009) and only applying in relation to any case concluded on or after 22nd June 2009.
[50] Sub-paragraph (g) inserted, and in effect original sub-paragraph (g) re-numbered (h), by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) all work in respect of which legal aid is made available was done on or after 5 May 1994 and (b) the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994).
[51] Sub-paragraph (g) inserted, and in effect original sub-paragraph (g) re-numbered (h), by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) all work in respect of which legal aid is made available was done on or after 5 May 1994 and (b) the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994).
[52] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003) by substituting “Schedules 1, 2 or 6” for “Schedules 1 or 2”.
[53] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003)” to the extent of substituting “Schedule 5 or 6” for “Schedule 3”.
[54] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016).
[55] Substituted by S.S.I 2011. No. 160 (in force from 1 April 2011.and applying only to proceedings in which the date of completion of the proceedings is on or after 1 April 2011). The new provisions reduce the period for a solicitor to lodge an account with the Board from 6 months to 4 months and, for the first time, extends a time limit to the lodging of counsel’s fees. A discretion remains to be exercised by the Board in both instances.
[56] Substituted by S.S.I. 2011 No. 160 (in force from 1 April 2011) but only in relation to work done and outlays incurred on or after 1 April 2011). This provision removes the former basis or standard of taxation bringing it into line with the civil standard for solicitors.
[57] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[58] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[59] Inserted by S.S.I. 2011 No. 160 (in force from 1 April 2011) but only in relation to work done and outlays incurred on or after 1 April 2011. For the first time, counsel shall be remunerated in the sheriff court by reference to a prescribed Table of Fees.
[60]Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[61] As amended by S.I. 1999 No. 1042 (in force from 6 May 1999) to the extent of inserting “Judicial Committee of the Privy Council”. Reference to Supreme Court substituted for reference to House of Lords and the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).
[62] As amended by S.S.I. 2011 No. 160 (in force from 1 April 2011) removing reference to the sheriff court.
[63] “Child Support Commissioners deleted, and “Upper Tribunal” substituted, by S.S.I. 2010 No. 166 (in force from 9 June 2010).
[64] Inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date). Reference to Supreme Court substituted for reference to House of Lords or the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).
[65] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)
[66] Inserted by S.I. 1990 No. 473 (in force from 1 April 1990) and as amended by S.I. 1991 No. 565 (in force from 1 April 1991) to the extent of the insertion of “thereon” at the end of the paragraph.
[67] Substituted by S.S.I. 2011 No.160 (in force from 1 April 2011) and, insofar as relating to payments to counsel, these more relaxed provisions apply only in relation to fees for work carried out after 1 April 2011 .
[68] Substituted by S.S.I. 2011 No.160 (in force from 1 April 2011)
[69] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)
[70] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[71] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[72] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007). Reference to Supreme Court substituted for reference to the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).
[73] Substituted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 1st April 2008).
[74] Inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 1st April 2008).
[75] As substituted by S.I. 1995 No. 1044 (in force from 5 May 1995 and applying only to fees for work done on or after 5 May 1995 in relation to any case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994); and as amended by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).
In relation to any such case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994, reference should be made to S.I. 1994 No. 1015 for fees for work done on or after 5 May 1994.
[76] Omitted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[77] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)
[78] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[79] Substituted by S.S.I. 2016 No. 317 (in force from 28 November 2016)
[80] Substituted by S.S.I. 2016 No. 317 (in force from 28 November 2016)
[81] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[82] Inserted by S.S.I. 2016 No. 317 (in force from 28 November 2016)
[83] As substituted by S.I. 1995 No. 1044 (in force from 5 May 1995 and applying only to fees for work done on or after 5 May 1995); and as amended by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).
Reference should be made to S.I. 1992 No. 372 for fees for work done on or after 1 April 1992; S.I. 1991 No. 565 for fees for work done on or after 1 April 1991; S.I. 1990 No. 1036 for fees for work done on or after 1 June 1990; and to S.I. 1989 No. 1490 for fees for work done on or after 31 August 1989.
[84] Inserted by S.S.I. 2011 No. 41 (in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)
[85] As substituted by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).
[86] Amended by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[87] As substituted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).
[88] As substituted by S.I. 1995 No. 1044 and applying only to fees for work done on or after 5 May 1995.
Reference should be made to S.I. 1992 No. 372 for fees for work done on or after 1 April 1992; S.I. 1991 No. 565 for fees for work done on or after 1 April 1991; S.I. 1990 No. 473 for fees for work done on or after 1 April 1990; and to S.I. 1989 No. 1490 for fees for work done on or after 31 August 1989.
[89] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[90] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[91] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[92] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[93] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[94] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[95] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[96] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[97] In terms of regulation 2(5) of S.S.I. 2015 No. 337 the amendments made to Chapter 3 above do not apply in the case of petitions for judicial review lodged before 22 September 2015
[98] Substituted by S.S.I. 2015 No. 337 (with effect from 22 September 2015)
[99] Substituted by S.S.I. 2015 No. 337 (with effect from 22 September 2015)
[100] Inserted by S.S.I. 2015 No. 337 (with effect from 22 September 2015)
[101] Inserted by S.S.I. No 144 (with effect from 24 June 2013
[102] Inserted by S.S.I. No 144 (with effect from 24 June 2013
[103] Amended by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[104] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[105] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[106] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)
[107] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)
[108] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)
[109] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)
[110] Inserted by S.S.I. No 144 (with effect from 24 June 2013
[111] Inserted by S.S.I. No 144 (with effect from 24 June 2013
[112] Substituted by S.S.I. No. 380 (in force from 1 January 2016)
[113] Inserted by S.S.I. No 144 (with effect from 24 June 2013
[114] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[115] Inserted by S.S.I. No. 337 (with effect from 22 September 2015)
[116] Inserted by S.S.I. No 144 (with effect from 24 June 2013
[117] Inserted by S.S.I. No 144 (with effect from 24 June 2013
[118] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[119] Inserted by S.S.I. No 144 (with effect from 24 June 2013
[120] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[121] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)
[122] Inserted by S.S.I. 2011 No. 41 (in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)
[123] Substituted by S.S.I. 2013 No. 250 (in force from 31 October 2013)
[124] Inserted by S.S.I. 2014 No. 257 (in force from 10 November 2014)
[125] Inserted by S.S.I. 2013 No. 250 (in force from 31 October 2013)
[126] Inserted by S.S.I. 2013 No. 250 (in force from 31 October 2013)
[127] Deleted by S.S.I. 2013 No. 250 (in force from 31 October 2013)
[128] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[129] Inserted by S.S.I. 2011 No. 41 (in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)
[130] As amended by S.S.I 2019 No.78 (only applying to fees for work done or outlays incurred on or after 26 April 2019) by substituting “£7.49” for “£7.27”. All fees increased by 3% from this date.
[131] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).
[132] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).
[133] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).
[134] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).
[135] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).
[136] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[137] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[138] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007)
[139] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007)
[140] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[141] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[142] Deleted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[143] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[144] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007). Rule 19, in its original form states: “The fee under paragraph 6 is payable on the total time engaged, even if on different occasions and is payable cumulatively between waiting and conduct time. The actual time over the proceedings incurred in waiting and conduct of hearings shall be added together and rounded up to the nearest 15 minutes.” This continues to have effect in relation to the waiting for and attending at the conduct of any hearing referred to in paragraphs 5(a) to (e) of the table of fees where the hearing was held before 10 February 2007.
[145] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[146] As amended by S.S.I 2019 No.78 (only applying to fees for work done or outlays incurred on or after 26 April 2019) by substituting “£7.49” for “£7.27”. All fees increased by 3% from this date. Provision originally inserted by S.S.I. 2011 No. 41 (“Solicitors’ Travel Fees” in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)
[147] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[148] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[149] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[150] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007). Rule 19, in its original form states: “The fee under paragraph 6 is payable on the total time engaged, even if on different occasions and is payable cumulatively between waiting and conduct time. The actual time over the proceedings incurred in waiting and conduct of hearings shall be added together and rounded up to the nearest 15 minutes.” This continues to have effect in relation to the waiting for and attending at the conduct of any hering referred to in paragraphs 5(a) to (e) of the table of fees where the hearing was held before 10 February 2007.
[150a] Substituted by S.S.I. 2020 No.191 (in force from 1 July 2020 until the end of the emergency period).
[150b] Inserted by S.S.I 2020 No.191 (in force from 1 July 2020 until the end of the emergency period).
[151] As substituted by S.I. 1995 No. 1044 (in force from 5 May 1995 and applying only to fees for work done on or after 5 May 1995 in relation to any case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994); and as amended by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).
In relation to any such case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994, reference should be made to S.I. 1994 No. 1015 for fees for work done on or after 5 May 1994.
[152] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[153] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[154] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[155] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[156] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[157] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[158] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[159] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[160] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[161] Deleted by S.S.I. 2007 No. 14 (in force from 10 February 2007). Paragraph 5(c) originally read
(c) Preparation for Child Welfare Hearing – Fee to cover all work preparing for Child Welfare Hearing. 4
[162] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)
[163] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[164] Substituted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009)
[165] Substituted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009)
[166] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).
[167] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[168] Amended by S.S.I. 2007 No. 438 (in force from 1 November 2007) and further amended, to the extent of adding a reference to paragraph 7, by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009).
[169] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007) and amended by S.S.I. 2007 No. 438 (in force from 1 November 2007)..
[170] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).
[171] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[172] Inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and only applying in relation to any case concluded on or after 22 June 2009)
[173] Inserted by S.S.I. 2004 No. 281 (in force from 1 July 2004)
[174] Inserted by S.S.I. 2013 No 144 (in force from 24 June 2013)
[175] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[176] Amended by S.S.I. 2007 No. 14 (in force from 10 February 2007), adding reference to work in connection with modification of expenses of the assisted person.
[177] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[178] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).
[179] Inserted by S.S.I. 2015 No. 337 (in force from 22 September 2015)
[180] Inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and only applying in relation to any case concluded on or after 22 June 2009)
[181] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)