The Civil Legal Aid (Scotland) (Fees) Regulations 1989

 

 

[As amended by SSI 2022 No 30 in force 1 April 2022]

SCHEDULE 2

FEES OF SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT

Regulation 5

 

   1.    Subject to the following provisions of this Schedule fees shall be calculated in accordance with the Table of Fees in this Schedule

   2.    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 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.

   3.    In this Schedule "process fee" means the fee set out in paragraph 17 of Chapter II of the Table of Fees in this Schedule. (Note: Chapter II is no longer relevant and is omitted from this version)

 

TABLE OF FEES

CHAPTER III

 

Part 1 - Undefended Actions
1.	The fee for citation, service or re-service after the first citation—
	(a)	to any destination by post	£7.67
	(b)	by advertisement	£21.60
2.	The fee for attendance at court		£21.60
3.	The fee for all other work		£60.77

 

Part 2 - 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		£92.17
	(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		£92.17
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			£46.13
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	£7.67
		(ii)	other than one specified in paragraph (i)	£16.40
	(b)	sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee		£7.67
	(c)	advertisement, to include framing and instructing the advertisement		£23.99
4.	In connection with the first hearing of the cause—
	(a)	the fee for attendance at court, including noting the outcome of the hearing		£79.70
	(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		£23.99
5.	The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour			£23.99
6.	The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet			£35.53
7.	The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet			£17.77
8.	In connection with reports commissioned by order of Court, the fee for—
	(a)	all incidental work, including instructing the report		£23.99
	(b)	each half hour perusing the report		£23.99
9.	The fee, per inventory, for—
	(a)	lodging productions		£35.53
	(b)	perusing the opposition’s productions		£16.40
10.	The fee for framing affidavits, per sheet			£17.77
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	£50.58
		(ii)	unopposed	£30.38
	(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	£41.61
		(ii)	unopposed	£23.99
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			£23.99
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	£83.21
		(ii)	paragraph (i) does not apply	£99.89
	(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	£41.61
		(ii)	paragraph (i) does not apply	£49.95
14.	The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition			£23.99
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		£23.99
	(b)	waiting in court for that hearing		£12.75
16.	In connection with a debate on evidence not taken at the close of proof, the fee for—
	(a)	all preparatory work		£55.73
	(b)	attendance at court, per half hour		£23.99
17.	In connection with a minute of judicial tender—
	(a)	the fee for consideration of, preparing and lodging the minute		£50.58
	(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		£35.53
	(c)	on rejection of the tender, the fee for considering it		£35.53
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			£83.21
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, 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	£55.60
		(ii)	unopposed	£30.38
	(b)	considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is—
		(i)	opposed	£41.61
		(ii)	unopposed	£23.99
	(c)	each subsequent half hour, where attendance at court exceeds half an hour		£23.99
	(d)	citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour		£23.99
	(e)	serving an order on each person, if optional procedure is adopted		£16.40
	(f)	each half hour perusing the documents recovered		£23.99
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	£55.73
		(ii)	opposing solicitor	£23.99
	(b)	each half hour attending the execution of the commission		£23.99
21.	At the conclusion of the cause, the fee for—
	(a)	settling with witnesses and noting the final decree		£50.58
	(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		£50.58
	(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		£23.99

 

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[As amended by SSI 2021 No 56 in force 22 March 2021]

SCHEDULE 2

FEES OF SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT

Regulation 5

 

   1.    Subject to the following provisions of this Schedule fees shall be calculated in accordance with the Table of Fees in this Schedule

   2.    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 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.

   3.    In this Schedule "process fee" means the fee set out in paragraph 17 of Chapter II of the Table of Fees in this Schedule. (Note: Chapter II is no longer relevant and is omitted from this version)

 

TABLE OF FEES

CHAPTER III

 

Part 1 - Undefended Actions
1.	The fee for citation, service or re-service after the first citation—
	(a)	to any destination by post	£7.30
	(b)	by advertisement	£20.57
2.	The fee for attendance at court		£20.57
3.	The fee for all other work		£57.87

 

Part 2 - 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		£87.78
	(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		£87.78
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			£43.93
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	£7.30
		(ii)	other than one specified in paragraph (i)	£15.61
	(b)	sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee		£7.30
	(c)	advertisement, to include framing and instructing the advertisement		£22.84
4.	In connection with the first hearing of the cause—
	(a)	the fee for attendance at court, including noting the outcome of the hearing		£75.90
	(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		£22.84
5.	The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour			£22.84
6.	The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet			£33.83
7.	The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet			£16.92
8.	In connection with reports commissioned by order of Court, the fee for—
	(a)	all incidental work, including instructing the report		£22.84
	(b)	each half hour perusing the report		£22.84
9.	The fee, per inventory, for—
	(a)	lodging productions		£33.83
	(b)	perusing the opposition’s productions		£15.61
10.	The fee for framing affidavits, per sheet			£16.92
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	£48.17
		(ii)	unopposed	£28.93
	(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	£39.62
		(ii)	unopposed	£22.84
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			£22.84
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	£79.24
		(ii)	paragraph (i) does not apply	£95.13
	(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	£39.62
		(ii)	paragraph (i) does not apply	£47.57
14.	The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition			£22.84
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		£22.84
	(b)	waiting in court for that hearing		£12.14
16.	In connection with a debate on evidence not taken at the close of proof, the fee for—
	(a)	all preparatory work		£53.07
	(b)	attendance at court, per half hour		£22.84
17.	In connection with a minute of judicial tender—
	(a)	the fee for consideration of, preparing and lodging the minute		£48.17
	(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		£33.83
	(c)	on rejection of the tender, the fee for considering it		£33.83
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			£79.24
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, 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	£52.95
		(ii)	unopposed	£28.93
	(b)	considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is—
		(i)	opposed	£39.62
		(ii)	unopposed	£22.84
	(c)	each subsequent half hour, where attendance at court exceeds half an hour		£22.84
	(d)	citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour		£22.84
	(e)	serving an order on each person, if optional procedure is adopted		£15.61
	(f)	each half hour perusing the documents recovered		£22.84
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	£53.07
		(ii)	opposing solicitor	£22.84
	(b)	each half hour attending the execution of the commission		£22.84
21.	At the conclusion of the cause, the fee for—
	(a)	settling with witnesses and noting the final decree		£48.17
	(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		£48.17
	(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		£22.84

 

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Chapter III of schedule 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989.

2. 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 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.

3. In this Schedule "process fee" means the fee set out in paragraph 17 of Chapter II of the Table of Fees in this Schedule.

 

Part II of chapter III of schedule 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989.

Chapter III

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

 

 

 

[As amended by SSI 2022 No 30 in force 1 April 2022]

SCHEDULE 2

CHAPTER IV - EXECUTRY BUSINESS

 

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	£38.29
2. Restriction of Caution
Inclusive fee for taking instructions to prepare petition, drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition	£38.29
3. Fees for other work shall be chargeable according to schedule 3

 

[As amended by SSI 2021 No 56 in force 22 March 2021]

SCHEDULE 2

CHAPTER IV - EXECUTRY BUSINESS

 

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	£36.46
2. Restriction of Caution
Inclusive fee for taking instructions to prepare petition, drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition	£36.46
3. Fees for other work shall be chargeable according to schedule 3

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

 

 

[As amended by SSI 2022 No 30 in force 1 April 2022]

SCHEDULE 2A

FEES ALLOWABLE TO SOLICITORS FOR SIMPLE PROCEDURE CASES AND FIRST-TIER TRIBUNAL FOR SCOTLAND CASES

Regulation 5

 

   1.    Fees shall be calculated in accordance with the Table of Fees in this Schedule.

   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.

   3.    The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.

Table of Fees

1.	The fee for—
	(a)	any time up to the first half hour spent by a solicitor conducting a proof or hearing		£37.66
	(b)	each quarter hour (or part thereof) subsequent to the first half hour		£18.86
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		£14.49
	(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		£7.23
3.	The fee for framing affidavits – per sheet (or part thereof)			£11.90
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).			£8.25
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)			£3.30
6.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a)	by a solicitor		£7.26
	(b)	by a solicitor’s clerk		£3.63
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

 

 

[As amended by SSI 2021 No 56 in force 22 March 2021]

SCHEDULE 2A

FEES ALLOWABLE TO SOLICITORS FOR SIMPLE PROCEDURE CASES AND FIRST-TIER TRIBUNAL FOR SCOTLAND CASES

Regulation 5

 

   1.    Fees shall be calculated in accordance with the Table of Fees in this Schedule.

   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.

   3.    The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.

Table of Fees

1.	The fee for—
	(a)	any time up to the first half hour spent by a solicitor conducting a proof or hearing		£35.86
	(b)	each quarter hour (or part thereof) subsequent to the first half hour		£17.96
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		£13.80
	(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		£6.88
3.	The fee for framing affidavits – per sheet (or part thereof)			£11.33
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).			£7.85
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)			£3.14
6.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a)	by a solicitor		£6.91
	(b)	by a solicitor’s clerk		£3.45
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

Schedule 2A of the Civil Legal Aid (Scotland) (Fees) Regulations 1989.

1. 1. Fees shall be calculated in accordance with the Table of Fees in this Schedule.

 

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.

3. 3. The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.

 

[77]FEES ALLOWABLE TO SOLICITORS FOR SIMPLE PROCEDURE CASES AND FIRST-TIER TRIBUNAL FOR SCOTLAND CASES[78]

Regulation 5

Fees shall be calculated in accordance with the Table of Fees in this Schedule.
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.

The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.

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

 

Schedule 3 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

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

 

[As at 1 April 2022]

SCHEDULE 4

FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION, SHERIFF APPEAL COURT AND SHERIFF COURT, FIRST-TIER TRIBUNAL FOR SCOTLAND AND UPPER TRIBUNAL FOR SCOTLAND

Regulation 10

   1.    Subject to the following provisions of this Schedule, the fees of counsel shall be calculated by the Board, or in the event of dispute by the auditor, in accordance with the fees prescribed in the Tables of Fees set out after paragraph 17 to this Schedule, and the fee of a solicitor-advocate for undertaking an item of work in the Court of Session shall be—

(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.

   2.   Where the Tables of Fees in this Schedule prescribe a range of fees for any item of work the Board, or as the case may be the auditor, shall allow such fee as appears to provide reasonable remuneration for the work, subject to the following—

(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.

   3.    Where the Tables of Fees in this Schedule do not prescribe a fee for any class of proceedings or any item of work, the Board, or as the case may be the auditor, shall allow such fee as appears to be appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Tables of Fees.

   4.    Subject to paragraphs 5 to 7, the fees prescribed in the Tables of Fees in this Schedule include all associated preparation work.

   5.    Subject to paragraph 6, an additional fee for preparation shall only be allowed if it relates to a proof, debate or like hearing and the hearing—

(a)   cdoes 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.

   6.    An additional fee for preparation as provided for in paragraph 5 above shall be allowed only on the following conditions—

(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.

   7.    The additional fee for preparation shall be calculated by dividing the time allowed, as determined in accordance with paragraphs 5 and 6, into units of 8 hours, each unit being payable at the rate of two thirds of the daily rate applicable to that hearing as prescribed in the Tables of Fees.

   8.    The fees prescribed in the Tables of Fees for drafting any summons, petition, application, other initiating document, defences, representations or answers include any work involved in revising such a document.

   9.    Paragraphs 10 and 11 apply where, in respect of any hearing, counsel claims a fee for keeping free from other commitments (“a commitment fee”), and regulation 9 shall apply subject to those paragraphs.

   10.    A commitment fee is allowable only where—

(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.

   11.   Where a commitment fee is allowable the fee is payable at a unit rate equal to the daily rate applicable to the hearing to which it relates, as prescribed in the Tables of Fees, and—

(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.

   12.   In the calculation of counsel’s fees—

(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.

   13.   In the calculation of counsel’s fees for proceedings in the sheriff court, First-tier Tribunal for Scotland, Upper Tribunal for Scotland or the Sheriff Appeal Court —

(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.

   14.   The fee for time engaged in necessary travel specified in paragraph 13 of Chapter 6 of Part 1 and paragraph 7 of Part 2 of Table of Fees A and in paragraph 10 of Part 1 and paragraph 7 of Part 2 of Table of Fees B is chargeable only as follows—

(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.

 

 

[As amended by SSI 2022 No 30 in force 1 April 2022]

SCHEDULE 4

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			£340.68
2.	Minute
	(a)	minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision		£227.12
	(b)	any other minute containing a conclusion or crave		£170.35
3.	Defences or answers
	(a)	Defences or answers in purely skeleton form to preserve the rights of parties		£56.79
	(b)	Defences or answers to which sub‑paragraph (a) does not apply		£312.30
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		£56.79
	(b)	other cases		£141.95
	(c)	minute of agreement		£227.12
5.	Minute for decree			£56.79
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	£227.12
		(ii)	other cases	£340.68
	(b)	other Outer House petitions		£340.68
	(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		£170.35
	(b)	other Outer House petitions		£170.35
	(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			£397.46
2.	Oral hearing at permission stage or procedural hearing
	(a)	where the hearing does not exceed 30 minutes		£68.14
	(b)	where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof		£56.79
3.	Substantive hearing
	(a)	junior alone		£1,022.02
	(b)	junior with senior		£738.13
4.	Written statement of arguments			£227.12
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			£369.07
2.	Answers			£369.07
3.	Motion for interim orders
	(a)	where the hearing does not exceed 30 minutes		£68.14
	(b)	where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof		£56.79
4.	First or second hearing (per day)
	(a)	junior alone		£1,022.02
	(b)	junior with senior		£738.13
5.	Revising any affidavit which requires to be lodged			£56.79
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			£340.68
2.	Revising any affidavit which requires to be lodged			£56.79
3.	Note for revocation of permanence order or other note in the adoption process			£227.12
4.	Hearing to set timetable or determine procedure (per half hour)			£56.79
5.	All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply
CHAPTER 6 – ORDINARY ACTIONS, OTHER ACTIONS OR PROCEEDINGS NOT SPECIFIED IN CHAPTERS 1-5 AND ALL OTHER WORK UNDER CHAPTERS 1-5 FOR WHICH FEES ARE NOT PRESCRIBED THEREIN
1.	Summons			£340.68
2.	Defences
	(a)	where in purely skeleton form to preserve rights of parties		£56.79
	(b)	otherwise		£312.30
3.	Adjustment of pleadings
	(a)	adjustment of skeleton defences		£255.51
	(b)	otherwise (each occasion)		£85.18
4.	Specification of documents
	(a)	specification with standard calls only		£56.79
	(b)	other specification of documents		£141.95
5.	Minutes etc.
	(a)	formal amendments or answers		£85.18
	(b)	amendments or answers other than formal		£170.35
	(c)	drafting, revising and signing tender or acceptance		£56.79
	(d)	note of exceptions		£56.79
	(e)	abandonment, sist, restriction, etc.		£56.79
	(f)	issue or counter issue		£85.18
6.	Notes
	(a)	note on liability and/or quantum		£170.35- £397.46
	(b)	note advising on tender or extra-judicial offer, where not merely confirming advice at consultation		£141.95
	(c)	note on line of evidence		£227.12-£454.23
	(d)	other types of note		£170.35
7.	Consultations
	(a)	before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion—
		(i)	junior alone	£283.90-£454.23
		(ii)	junior with senior	£227.12-£340.68
	(b)	other consultations—
		(i)	junior alone	£141.95-£283.90
		(ii)	junior with senior	£113.56-£227.12
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	£511.02
		(ii)	junior with senior	£397.46
9.	Motions (including By Order hearings)
	(a)	where the hearing does not exceed 30 minutes		£68.14
	(b)	where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof		£56.79
9A.	Any other hearing where no other fee is specified
	(a)	where the hearing does not exceed 30 minutes		£68.14
	(b)	where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof		£56.79
10.	Procedure roll, proof or jury trial (per day)
	(a)	junior alone		£1,022.02
	(b)	junior with senior		£738.13
11.	Inner House
	(a)	Single Bills
		(i)	where the hearing does not exceed 30 minutes	£85.18
		(ii)	where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof	£56.79
	(b)	reclaiming motion including appeal under section 163, 164 or 165 of the 2011 Act (per day)
		(i)	junior opening or appearing alone	£1,135.58
		(ii)	junior otherwise	£794.91
	(c)	motion for new trial (per day)
		(i)	junior opening or appearing alone	£851.69
		(ii)	junior otherwise	£567.79
12.	Attendance at judgment
	(a)	Outer House		£56.79
	(b)	Inner House		£56.79
13.	Time engaged in necessary travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken			£113.56
14.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day			£113.56

 

 

 

[As amended by SSI 2022 No 30 in force 1 April 2022]

SCHEDULE 4

TABLE OF FEES A

FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION

PART 2

SENIOR COUNSEL

 

FAMILY ACTIONS, PETITIONS (INCLUDING JUDICIAL REVIEW, ABDUCTION AND ADOPTION) ORDINARY ACTIONS AND OTHER ACTIONS

 

1.	Drafting or revisal of pleadings
	(a)	drafting of summons, defences, petition or answers	£482.63 - £567.79
	(b)	revisal of summons, defences, petition or answers	£170.35
	(c)	adjustment fee (open record) (each occasion)	£141.95
2.	Minutes, etc. – revisal fees
	(a)	amendments (other than formal) or answers	£227.12
	(b)	admissions, tender or acceptance (in appropriate cases)	£85.18
	(c)	note of exceptions	£113.56
3.	Notes
	(a)	note on liability and/or quantum	£255.51- £624.58
	(b)	advice on tender or extra‑judicial offer when not merely confirming advice at consultation	£227.12
	(c)	note on line of evidence	£340.68 -£681.35
	(d)	other notes	£255.51
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		£340.68 -£624.58
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)		£738.13
6.	Day in court
	(a)	Inner House including appeal under section 163, 164 or 165 of the 2011 Act	£1,703.37
	(b)	Outer House	£1,533.04
7.	Time engaged in necessary travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken		£113.56
8.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£113.56

 

 

 

[As amended by SSI 2022 No 30 in force 1 April 2022]

SCHEDULE 4

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)			£312.30
2.	Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland)			£255.51
3.	Adjustment of pleadings
	Adjustment fee (each occasion)			£76.67
4.	Specification of documents
	(a)	straightforward cases		£51.11
	(b)	other cases		£124.92
5.	Minutes, etc.
	(a)	formal amendments or answers		£51.11
	(b)	amendments or answers other than formal		£130.60
	(c)	drafting, revising and signing tender or acceptance		£51.11
	(d)	note of exceptions		£45.43
	(e)	abandonment, sist, restriction, etc.		£45.43
6.	Notes
	(a)	note on liability and/or quantum		£153.32 -£357.72
	(b)	note advising on tender or extra-judicial offer, where not merely confirming advice at consultation		£124.92
	(c)	note on line of evidence		£204.41 -£408.81
	(d)	other notes		£153.32
7.	Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007
	(a)	petition		£312.30
	(b)	minute for revocation of permanence order or other minute in the adoption process		£255.51
	(c)	revising each affidavit		£51.11
	(d)	hearing to set timetable or determine procedure		£51.11
8.	Applications under section 85(1) of the Children (Scotland) Act 1995 or under section 110 of the 2011 Act
	Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral			£255.51
	Written application under section 110 of the 2011 Act for review of grounds of determination			£255.51
9.	Motions
	Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof			£51.11
10.	Time engaged in necessary travel
	Supplementary fee chargeable where necessary travel undertaken			£113.56
11.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day			£113.56
			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		£204.41 -£306.62	£255.51-£408.81
13.	Child welfare hearing
	Attendance up to half hour, and for each subsequent half hour or part thereof		£45.43	£62.47
14.	Hearings under Part 2 of Chapter 3 of the Children (Scotland) Act 1995
	(a)	under section 55 to defend an application for a child assessment order	£45.43	£62.47
	(b)	under section 60(7) for an application to set aside or vary a child protection order	£45.43	£62.47
	(c)	under section 67 to defend a warrant for further detention of a child	£45.43	£62.47
14A.	Applications to the sheriff under the 2011 Act
	(a)	under section 48 to vary or terminate a child protection order	£45.43	£62.47
	(b)	under section 98 to extend or vary an interim compulsory supervision order	£45.43	£62.47
	(c)	under section 99 to further extend or vary an interim compulsory supervision order	£45.43	£62.47
	(d)	under section 166 to review a decision or determination to impose a duty on a local authority	£45.43	£62.47
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	£709.74	£919.83
	(b)	subsequent days	£638.77	£827.85
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)		£738.13	£965.25
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			£62.47

 

 

 

 

[As amended by SSI 2022 No 30 in force 1 April 2022]

SCHEDULE 4

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 2

SENIOR COUNSEL

 

1.	Revisal of pleadings
	(a)	revisal of initial writ, defences, petition or answers	£153.32
	(b)	adjustment fee (open record) (each occasion)	£127.77
2.	Other revisal fees
	(a)	amendments (other than formal) or answers	£204.41
	(b)	admissions, tender or acceptance (in appropriate cases)	£76.67
3.	Notes
	(a)	note on liability and/or quantum	£229.67 -£567.79
	(b)	advice on tender or extra-judicial offer where not merely confirming advice at consultation	£306.62
	(c)	note on line of evidence	£306.62 -£613.22
	(d)	other notes	£229.67
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		£306.62 -£567.79
4A.	Applications to the sheriff under the 2011 Act
	(a)	under section 48 to vary or terminate a child protection order	£93.70
	(b)	under section 98 to extend or vary an interim compulsory supervision order	£93.70
	(c)	under section 99 to further extend or vary an interim compulsory supervision order	£93.70
	(d)	under section 166 to review a decision or determination to impose a duty on a local authority	£93.70
5.	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	£1,379.74
	(b)	subsequent days	£1,241.77
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)		£1,476.25
7.	Time engaged in necessary travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel undertaken		£113.56
8.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£113.56

 

 

[As amended by SSI 2021 No 56 in force 22 March 2021]

SCHEDULE 4

 

FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION, SHERIFF APPEAL COURT AND SHERIFF COURT, FIRST-TIER TRIBUNAL FOR SCOTLAND AND UPPER TRIBUNAL FOR SCOTLAND

 

Regulation 10

 

   1.    Subject to the following provisions of this Schedule, the fees of counsel shall be calculated by the Board, or in the event of dispute by the auditor, in accordance with the fees prescribed in the Tables of Fees set out after paragraph 17 to this Schedule, and the fee of a solicitor-advocate for undertaking an item of work in the Court of Session shall be—

(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.

   2.   Where the Tables of Fees in this Schedule prescribe a range of fees for any item of work the Board, or as the case may be the auditor, shall allow such fee as appears to provide reasonable remuneration for the work, subject to the following—

(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.

   3.    Where the Tables of Fees in this Schedule do not prescribe a fee for any class of proceedings or any item of work, the Board, or as the case may be the auditor, shall allow such fee as appears to be appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Tables of Fees.

   4.    Subject to paragraphs 5 to 7, the fees prescribed in the Tables of Fees in this Schedule include all associated preparation work.

   5.    Subject to paragraph 6, an additional fee for preparation shall only be allowed if it relates to a proof, debate or like hearing and the hearing—

(a)   cdoes 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.

   6.    An additional fee for preparation as provided for in paragraph 5 above shall be allowed only on the following conditions—

(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.

   7.    The additional fee for preparation shall be calculated by dividing the time allowed, as determined in accordance with paragraphs 5 and 6, into units of 8 hours, each unit being payable at the rate of two thirds of the daily rate applicable to that hearing as prescribed in the Tables of Fees.

   8.    The fees prescribed in the Tables of Fees for drafting any summons, petition, application, other initiating document, defences, representations or answers include any work involved in revising such a document.

   9.    Paragraphs 10 and 11 apply where, in respect of any hearing, counsel claims a fee for keeping free from other commitments (“a commitment fee”), and regulation 9 shall apply subject to those paragraphs.

   10.    A commitment fee is allowable only where—

(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.

   11.   Where a commitment fee is allowable the fee is payable at a unit rate equal to the daily rate applicable to the hearing to which it relates, as prescribed in the Tables of Fees, and—

(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.

   12.   In the calculation of counsel’s fees—

(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.

   13.   In the calculation of counsel’s fees for proceedings in the sheriff court, First-tier Tribunal for Scotland, Upper Tribunal for Scotland or the Sheriff Appeal Court —

(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.

   14.   The fee for time engaged in necessary travel specified in paragraph 13 of Chapter 6 of Part 1 and paragraph 7 of Part 2 of Table of Fees A and in paragraph 10 of Part 1 and paragraph 7 of Part 2 of Table of Fees B is chargeable only as follows—

(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.

 

 

[As amended by SSI 2021 No 56 in force 22 March 2021]

SCHEDULE 4

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			£324.45
2.	Minute
	(a)	minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision		£216.30
	(b)	any other minute containing a conclusion or crave		£162.23
3.	Defences or answers
	(a)	Defences or answers in purely skeleton form to preserve the rights of parties		£54.08
	(b)	Defences or answers to which sub‑paragraph (a) does not apply		£297.42
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		£54.08
	(b)	other cases		£135.19
	(c)	minute of agreement		£216.30
5.	Minute for decree			£54.08
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	£216.30
		(ii)	other cases	£324.45
	(b)	other Outer House petitions		£324.45
	(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		£162.23
	(b)	other Outer House petitions		£162.23
	(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			£378.53
2.	Oral hearing at permission stage or procedural hearing
	(a)	where the hearing does not exceed 30 minutes		£64.89
	(b)	where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof		£54.08
3.	Substantive hearing
	(a)	junior alone		£973.35
	(b)	junior with senior		£702.98
4.	Written statement of arguments			£216.30
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			£351.49
2.	Answers			£351.49
3.	Motion for interim orders
	(a)	where the hearing does not exceed 30 minutes		£64.89
	(b)	where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof		£54.08
4.	First or second hearing (per day)
	(a)	junior alone		£973.35
	(b)	junior with senior		£702.98
5.	Revising any affidavit which requires to be lodged			£54.08
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			£324.45
2.	Revising any affidavit which requires to be lodged			£54.08
3.	Note for revocation of permanence order or other note in the adoption process			£216.30
4.	Hearing to set timetable or determine procedure (per half hour)			£54.08
5.	All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply
CHAPTER 6 – ORDINARY ACTIONS
1.	Summons			£324.45
2.	Defences
	(a)	where in purely skeleton form to preserve rights of parties		£54.08
	(b)	otherwise		£297.42
3.	Adjustment of pleadings
	(a)	adjustment of skeleton defences		£243.34
	(b)	otherwise (each occasion)		£81.12
4.	Specification of documents
	(a)	specification with standard calls only		£54.08
	(b)	other specification of documents		£135.19
5.	Minutes etc.
	(a)	formal amendments or answers		£81.12
	(b)	amendments or answers other than formal		£162.23
	(c)	drafting, revising and signing tender or acceptance		£54.08
	(d)	note of exceptions		£54.08
	(e)	abandonment, sist, restriction, etc.		£54.08
	(f)	issue or counter issue		£81.12
6.	Notes
	(a)	note on liability and/or quantum		£162.23 - £378.53
	(b)	note advising on tender or extra-judicial offer, where not merely confirming advice at consultation		£135.19
	(c)	note on line of evidence		£216.30 - £432.60
	(d)	other types of note		£162.23
7.	Consultations
	(a)	before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion—
		(i)	junior alone	£270.38 - £432.60
		(ii)	junior with senior	£216.30 - £324.45
	(b)	other consultations—
		(i)	junior alone	£135.19 - £270.38
		(ii)	junior with senior	£108.15 - £216.30
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	£486.68
		(ii)	junior with senior	£378.53
9.	Motions (including By Order hearings)
	(a)	where the hearing does not exceed 30 minutes		£64.89
	(b)	where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof		£54.08
9A.	Any other hearing where no other fee is specified
	(a)	where the hearing does not exceed 30 minutes		£64.89
	(b)	where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof		£54.08
10.	Procedure roll, proof or jury trial (per day)
	(a)	junior alone		£973.35
	(b)	junior with senior		£702.98
11.	Inner House
	(a)	Single Bills
		(i)	where the hearing does not exceed 30 minutes	£81.12
		(ii)	where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof	£54.08
	(b)	reclaiming motion including appeal under section 163, 164 or 165 of the 2011 Act (per day)
		(i)	junior opening or appearing alone	£1,081.50
		(ii)	junior otherwise	£757.05
	(c)	motion for new trial (per day)
		(i)	junior opening or appearing alone	£811.13
		(ii)	junior otherwise	£540.75
12.	Attendance at judgment
	(a)	Outer House		£54.08
	(b)	Inner House		£54.08
13.	Time engaged in necessary travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken			£108.15
14.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day			£108.15

 

[As amended by SSI 2021 No 56 in force 22 March 2021]

SCHEDULE 4

TABLE OF FEES A

FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION

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	£459.64 - £540.75
	(b)	revisal of summons, defences, petition or answers	£162.23
	(c)	adjustment fee (open record) (each occasion)	£135.19
2.	Minutes, etc. – revisal fees
	(a)	amendments (other than formal) or answers	£216.30
	(b)	admissions, tender or acceptance (in appropriate cases)	£81.12
	(c)	note of exceptions	£108.15
3.	Notes
	(a)	note on liability and/or quantum	£243.34 - £594.83
	(b)	advice on tender or extra‑judicial offer when not merely confirming advice at consultation	£216.30
	(c)	note on line of evidence	£324.45 - £648.90
	(d)	other notes	£243.34
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		£324.45-£594.83
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)		£702.98
6.	Day in court
	(a)	Inner House including appeal under section 163, 164 or 165 of the 2011 Act	£1,622.25
	(b)	Outer House	£1,460.03
7.	Time engaged in necessary travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken		£108.15
8.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£108.15

 

[As amended by SSI 2021 No 56 in force 22 March 2021]

SCHEDULE 4

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)			£297.42
2.	Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland)			£243.34
3.	Adjustment of pleadings
	Adjustment fee (each occasion)			£73.01
4.	Specification of documents
	(a)	straightforward cases		£48.67
	(b)	other cases		£118.97
5.	Minutes, etc.
	(a)	formal amendments or answers		£48.67
	(b)	amendments or answers other than formal		£124.38
	(c)	drafting, revising and signing tender or acceptance		£48.67
	(d)	note of exceptions		£43.26
	(e)	abandonment, sist, restriction, etc.		£43.26
6.	Notes
	(a)	note on liability and/or quantum		£146.01 - £340.68
	(b)	note advising on tender or extra-judicial offer, where not merely confirming advice at consultation		£118.97
	(c)	note on line of evidence		£194.67 - £389.34
	(d)	other notes		£146.01
7.	Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007
	(a)	petition		£297.42
	(b)	minute for revocation of permanence order or other minute in the adoption process		£243.34
	(c)	revising each affidavit		£48.67
	(d)	hearing to set timetable or determine procedure		£48.67
8.	Applications under section 85(1) of the Children (Scotland) Act 1995 or under section 110 of the 2011 Act
	Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral			£243.34
	Written application under section 110 of the 2011 Act for review of grounds of determination			£243.34
9.	Motions
	Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof			£48.67
10.	Time engaged in necessary travel
	Supplementary fee chargeable where necessary travel undertaken			£108.15
11.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day			£108.15
			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		£194.67 - £292.01	£243.34 - £389.34
13.	Child welfare hearing
	Attendance up to half hour, and for each subsequent half hour or part thereof		£43.26	£59.49
14.	Hearings under Part 2 of Chapter 3 of the Children (Scotland) Act 1995
	(a)	under section 55 to defend an application for a child assessment order	£43.26	£59.49
	(b)	under section 60(7) for an application to set aside or vary a child protection order	£43.26	£59.49
	(c)	under section 67 to defend a warrant for further detention of a child	£43.26	£59.49
14A.	Applications to the sheriff under the 2011 Act
	(a)	under section 48 to vary or terminate a child protection order	£43.26	£59.49
	(b)	under section 98 to extend or vary an interim compulsory supervision order	£43.26	£59.49
	(c)	under section 99 to further extend or vary an interim compulsory supervision order	£43.26	£59.49
	(d)	under section 166 to review a decision or determination to impose a duty on a local authority	£43.26	£59.49
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	£675.94	£876.02
	(b)	subsequent days	£608.35	£788.42
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)		£702.98	£919.28
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			£59.49

 

 

[As amended by SSI 2021 No 56 in force 22 March 2021]

SCHEDULE 4

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 2

SENIOR COUNSEL

 

1.	Revisal of pleadings
	(a)	revisal of initial writ, defences, petition or answers	£146.01
	(b)	adjustment fee (open record) (each occasion)	£121.68
2.	Other revisal fees
	(a)	amendments (other than formal) or answers	£194.67
	(b)	admissions, tender or acceptance (in appropriate cases)	£73.01
3.	Notes
	(a)	note on liability and/or quantum	£219.01 - £540.75
	(b)	advice on tender or extra-judicial offer where not merely confirming advice at consultation	£292.01
	(c)	note on line of evidence	£292.01 - £584.01
	(d)	other notes	£219.01
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		£292.01 - £540.75
4A.	Applications to the sheriff under the 2011 Act
	(a)	under section 48 to vary or terminate a child protection order	£89.23
	(b)	under section 98 to extend or vary an interim compulsory supervision order	£89.23
	(c)	under section 99 to further extend or vary an interim compulsory supervision order	£89.23
	(d)	under section 166 to review a decision or determination to impose a duty on a local authority	£89.23
5.	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	£1,314.03
	(b)	subsequent days	£1,182.63
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)		£1,405.95
7.	Time engaged in necessary travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel undertaken		£108.15
8.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£108.15

1. Subject to the following provisions of this Schedule, the fees of counsel shall be calculated by the Board, or in the event of dispute by the auditor, in accordance with the fees prescribed in the Tables of Fees set out after paragraph 17 to this Schedule, and the fee of a solicitor-advocate for undertaking an item of work in the Court of Session shall be:

(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.

2. Where the Tables of Fees in this Schedule prescribe a range of fees for any item of work the Board, or as the case may be the auditor, shall allow such fee as appears to provide reasonable remuneration for the work, subject to the following:

(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.

3. Where the Tables of Fees in this Schedule do not prescribe a fee for any class of proceedings or any item of work, the Board, or as the case may be the auditor, shall allow such fee as appears to be appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Tables of Fees.

4. Subject to paragraphs 5 to 7, the fees prescribed in the Tables of Fees in this Schedule include all associated preparation work.

5. Subject to paragraph 6, an additional fee for preparation shall only be allowed if it relates to a proof, debate or like hearing and the hearing:

(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.

6. An additional fee for preparation as provided for in paragraph 5 above shall be allowed only on the following conditions:

(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.

7. The additional fee for preparation shall be calculated by dividing the time allowed, as determined in accordance with paragraphs 5 and 6, into units of 8 hours, each unit being payable at the rate of two thirds of the daily rate applicable to that hearing as prescribed in the Tables of Fees.

8. The fees prescribed in the Tables of Fees for drafting any summons, petition, application other initiating document, defences, representations or answers include any work involved in revising such a document.

9. Paragraphs 10 and 11 apply where, in respect of any hearing, counsel claims a fee for keeping free from other commitments (“a commitment fee”), and regulation 9 shall apply subject to those paragraphs.

10. A commitment fee is allowable only where:

(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.

11. Where a commitment fee is allowable the fee is payable at a unit rate equal to the daily rate applicable to the hearing to which it relates, as prescribed in the Tables of Fees, and:

(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.

12. In the calculation of counsel’s fees:

(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.

13. In the calculation of counsel’s fees for proceedings in the sheriff court or the Sheriff Appeal Court , First-tier Tribunal for Scotland, Upper Tribunal for Scotland or the Sheriff Appeal court:

(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.

14. The fee for time engaged in necessary travel specified in paragraph 13 of Chapter 6 of Part 1 and paragraph 7 of Part 2 of Table of Fees A and in paragraph 10 of Part 1 and paragraph 7 of Part 2 of Table of Fees B is chargeable only as follows:

(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

([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

 

([2])   The Children’s Hearings (Scotland) Act 2011 (asp 1).  Defined in regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989/1490.

 

([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.

([6])   The Children’s Hearings (Scotland) Act 2011 (asp 1).  Defined in regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989/1490.

([7])   Children (Scotland) Act 1995 c.36.

Regulation 10

SCHEDULE 4

FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION[89], SHERIFF APPEAL COURT AND SHERIFF COURT, FIRST-TIER TRIBUNAL FOR SCOTLAND[90] [91]AND UPPER TRIBUNAL FOR SCOTLAND

1. Subject to the following provisions of this Schedule, the fees of counsel shall be calculated by the Board, or in the event of dispute by the auditor, in accordance with the fees prescribed in the Tables of Fees set out after paragraph 17 to this Schedule, and the fee of a solicitor-advocate for undertaking an item of work in the Court of Session shall be—

(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.

2. Where the Tables of Fees in this Schedule prescribe a range of fees for any item of work the Board, or as the case may be the auditor, shall allow such fee as appears to provide reasonable remuneration for the work, subject to the following—

(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.

3. Where the Tables of Fees in this Schedule do not prescribe a fee for any class of proceedings or any item of work, the Board, or as the case may be the auditor, shall allow such fee as appears to be appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Tables of Fees.
4. Subject to paragraphs 5 to 7, the fees prescribed in the Tables of Fees in this Schedule include all associated preparation work.

5. Subject to paragraph 6, an additional fee for preparation shall only be allowed if it relates to a proof, debate or like hearing and the hearing—

(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.

6. An additional fee for preparation as provided for in paragraph 5 above shall be allowed only on the following conditions—

(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.

7. The additional fee for preparation shall be calculated by dividing the time allowed, as determined in accordance with paragraphs 5 and 6, into units of 8 hours, each unit being payable at the rate of two thirds of the daily rate applicable to that hearing as prescribed in the Tables of Fees.

8. The fees prescribed in the Tables of Fees for drafting any summons, petition, application[92], other initiating document, defences, representations[93] or answers include any work involved in revising such a document.

9. Paragraphs 10 and 11 apply where, in respect of any hearing, counsel claims a fee for keeping free from other commitments (“a commitment fee”), and regulation 9 shall apply subject to those paragraphs.

 

10. A commitment fee is allowable only where—

(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.

 

11. Where a commitment fee is allowable the fee is payable at a unit rate equal to the daily rate applicable to the hearing to which it relates, as prescribed in the Tables of Fees, and—

(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.

 

12. In the calculation of counsel’s fees—

(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.

 

13. In the calculation of counsel’s fees for proceedings in the sheriff court[94], First-tier Tribunal for Scotland,[95] Upper Tribunal for Scotland [96]or the Sheriff Appeal Court —

(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.

 

14. The fee for time engaged in necessary travel specified in paragraph 13 of Chapter 6 of Part 1 and paragraph 7 of Part 2 of Table of Fees A and in paragraph 10 of Part 1 and paragraph 7 of Part 2 of Table of Fees B is chargeable only as follows—

(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.

 

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	£300.00
2.	Minute
	(a)   minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision	£200.00
	(b)  any other minute containing a conclusion or crave	£150.00
3.	Defences or answers
	(a)  Defences or answers in purely skeleton form to preserve the rights of parties	£50.00
	(b)  Defences or answers to which sub‑paragraph (a) does not apply	£275.00
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	£50.00
	(b)  other cases	£125.00
	(c)   minute of agreement	£200.00
5.	Minute for decree	£50.00
6.	All other work
	The fees prescribed in Chapter 6 shall apply

CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH

CHAPTERS 3 TO 5 APPLY)

1.	Petition
	(a)  petition for interdict
	(i)           straightforward cases	£200.00
	(iii)           other cases	£300.00
	(b)  other Outer House petitions	£300.00
	(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	£150.00
	(b)  other Outer House petitions	£150.00
	(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
3.	All other work
	The fees prescribed in Chapter 6 shall apply

 

[97]CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW

1.	Petition for judicial review	£350.00
2.	[98]Oral hearing at permission stage or procedural hearing
	(a)  where the hearing does not exceed 30 minutes	£60.00
	(b)  where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof	£50.00
3.	[99]Substantive hearing
	(a)  junior alone	£900.00
	(b)  junior with senior	£650.00
4.	Written statement of arguments	£200.00
5.	All other work
	The fees prescribed in Chapter 6 shall apply

 

CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN

1.	Petition	£325.00
2.	Answers	£325.00
3.	Motion for interim orders
	(a)  where the hearing does not exceed 30 minutes	£60.00
	(b)  where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof	£50.00
4.	First or second hearing (per day)
	(a)  junior alone	£900.00
	(b)  junior with senior	£650.00
5.	Revising any affidavit which requires to be lodged	£50.00
6.	All other work
	The fees prescribed in Chapter 1, which failing Chapter 6 shall apply

 

CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007(5)

1.	Petition	£300.00
2.	Revising any affidavit which requires to be lodged	£50.00
3.	Note for revocation of permanence order or other note in the adoption process	£200.00
4.	Hearing to set timetable or determine procedure (per half hour)	£50.00
5.	All other work
	The fees prescribed in Chapter 1, which failing Chapter 6 shall apply

 

CHAPTER 6 – ORDINARY ACTIONS

1.	Summons	£300.00
2.	Defences
	(a)  where in purely skeleton form to preserve rights of parties	£50.00
	(b)  otherwise	£275.00
3.	Adjustment of pleadings
	(a)  adjustment of skeleton defences	£225.00
	(b)  otherwise (each occasion)	£75.00
4.	Specification of documents
	(a)  specification with standard calls only	£50.00
	(b)  other specification of documents	£125.00
5.	Minutes etc
	(a)  formal amendments or answers	£75.00
	(b)  amendments or answers other than formal	£150.00
	(c)   drafting, revising and signing tender or acceptance	£50.00
	(d)  note of exceptions	£50.00
	(e)  abandonment, sist, restriction, etc.	£50.00
	(f)   issue or counter issue	£75.00
6.	Notes
	(a)  note on liability and/or quantum	£150.00–£350.00
	(b)  note advising on tender or extra-judicial offer, where not merely confirming advice at consultation	£125.00
	(c)   note on line of evidence	£200.00–£400.00
	(d)  other types of note	£150.00
7.	Consultations
	(a)  before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion—
	(i)           junior alone	£250.00–£400.00
	(ii)          junior with senior	£200.00–£300.00
	(b)  other consultations—
	(i)           junior alone	£125.00-£250.00
	(ii)          junior with senior	£100.00–£200.00
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	£450.00
	(ii)           junior with senior	£350.00
9.	Motions (including By Order hearings)
	(a)  where the hearing does not exceed 30 minutes	£60.00
	(b)  where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof	£50.00
[100]9A.         10.	Any other hearing where no other fee is specified (a)   where the hearing does not exceed 30 minutes (b)  where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof   Procedure roll, proof or jury trial (per day)	£60.00 £50.00
	(a)  junior alone	£900.00
	(b)  junior with senior	£650.00
11.	Inner House
	(a)  Single Bills
	(i)            where the hearing does not exceed 30 minutes	£75.00
	(ii)           where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof	£50.00
	(b)  reclaiming motion [101]including appeal under section 163, 164 or 165 of the 2011 Act (per day)
	(i)            junior opening or appearing alone	£1,000.00
	(ii)           junior otherwise	£700.00
	(c)   motion for new trial (per day)
	(i)            junior opening or appearing alone	£750.00
	(ii)           junior otherwise	£500.00
12.	Attendance at judgment
	(a)  Outer House	£50.00
	(b)  Inner House	£50.00
13.	Time engaged in necessary travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken	£100.00
14.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day	£100.00

 

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	£425.00–£500.00
	(b)  revisal of summons, defences, petition or answers	£150.00
	(c)   adjustment fee (open record) (each occasion)	£125.00
2.	Minutes, etc – revisal fees
	(a)  amendments (other than formal) or answers	£200.00
	(b)  admissions, tender or acceptance (in appropriate cases)	£75.00
	(c)   note of exceptions	£100.00
3.	Notes
	(a)  note on liability and/or quantum	£225.00–£550.00
	(b)  advice on tender or extra‑judicial offer when not merely confirming advice at consultation	£200.00
	(c)   note on line of evidence	£300.00–£600.00
	(d)  other notes	£225.00
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	£300.00–£550.00
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)	£650.00
6.	Day in court
	(a)  Inner House [102]including appeal under section 163, 164 or 165 of the 2011 Act	£1,500.00
	(b)  Outer House	£1,350.00
7.	Time engaged in necessary travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken	£100.00
8.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day	£100.00

 

 

TABLE OF FEES B

FEES OF COUNSEL FOR PROCEEDINGS IN THE SHERIFF COURT[103], FIRST-TIER TRIBUNAL FOR SCOTLAND,[104] 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[105])		£275.00
2.	Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland[106])		£225.00
3.	Adjustment of pleadings
	Adjustment fee (each occasion)		£67.50
4.	Specification of documents
	(a)  straightforward cases		£45.00
	(b)  other cases		£110.00
5.	Minutes, etc.
	(a)  formal amendments or answers		£45.00
	(b)  amendments or answers other than formal		£115.00
	(c)   drafting, revising and signing tender or acceptance		£45.00
	(d)  note of exceptions		£40.00
	(e)  abandonment, sist, restriction, etc.		£40.00
6.	Notes
	(a)  note on liability and/or quantum		£135.00–£315.00
	(b)  note advising on tender or extra-judicial offer, where not merely confirming advice at consultation		£110.00
	(c)   note on line of evidence		£180.00–£360.00
	(d)  other notes		£135.00
7.	Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007
	(a)  petition		£275.00
	(b)  minute for revocation of permanence order or other minute in the adoption process		£225.00
	(c)   revising each affidavit		£45.00
	(d)  hearing to set timetable or determine procedure		£45.00
8.	Applications under section 85(1) of the Children (Scotland) Act 1995 [107]or under section 110 of the 2011 Act
	Written application under section 85(1) [108]of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral		£225.00
	[109]Written application under section 110 of the 2011 Act for review of grounds of determination		£225.00
9.	Motions
	Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof		£45.00
10.	Time engaged in necessary travel
	Supplementary fee chargeable where necessary travel undertaken		£100.00
11.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day		£100.00
		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	£180.00–£270.00		£225.00–£360.00
13.	Child welfare hearing
	Attendance up to half hour, and for each subsequent half hour or part thereof	£40.00				£55.00
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	£40.00				£55.00
	(b)  under section 60(7) for an application to set aside or vary a child protection order	£40.00				£55.00
	(c)   under section 67 to defend a warrant for further detention of a child	£40.00				£55.00
[110]14A.	Applications to the sheriff under the 2011 Act   (a)  under section 48 to vary or terminate a child protection order (b)  under section 98 to extend or vary an interim compulsory supervision order (c)  under section 99 to further extend or vary an interim compulsory supervision order (d)  under section 166 to review a decision or determination to impose a duty on a local authority	£40.00   £40.00   £40.00   £40.00				£55.00   £55.00   £55.00   £55.00
15.	Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995 [111]and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act  (per day)
	(a)  up to 20 days	£625.00			£810.00
	(b)  subsequent days	£562.50			£729.00
16.	Appeal to the [112]Sheriff Appeal Court [113]including appeal under section 163, 164, 165 or 167 of the 2011 Act [114]or to the Upper Tribunal for Scotland (per day)	£650.00				£850.00
[115]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		£55.00

 

PART 2 - SENIOR COUNSEL

1.	Revisal of pleadings
	(a)  revisal of initial writ, defences, petition or answers	£135.00
	(b)  adjustment fee (open record) (each occasion)	£112.50
2.	Other revisal fees
	(a)  amendments (other than formal) or answers	£180.00
	(b)  admissions, tender or acceptance (in appropriate cases)	£67.50
3.	Notes
	(a)  note on liability and/or quantum	£202.50–£500.00
	(b)  advice on tender or extra-judicial offer where not merely confirming advice at consultation	£270.00
	(c)   note on line of evidence	£270.00–£540.00
	(d)  other notes	£202.50
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	£270.00–£500.00
[116]4A.	Applications to the sheriff under the 2011 Act   (a)  under section 48 to vary or terminate a child protection order (b)  under section 98 to extend or vary an interim compulsory supervision order (c)  under section 99 to further extend or vary an interim compulsory supervision order (d)  under section 166 to review a decision or determination to impose a duty on a local authority	£82.50 £82.50   £82.50   £82.50
5.	Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995 [117]and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day)
	(a)  up to 20 days	£1,215.00
	(b)  subsequent days	£1,093.50
6.	Appeal to [118]Sheriff Appeal Court [119]including appeal under section 163, 164, 165 or 167 of the 2011 Act [120]or to the Upper Tribunal for Scotland (per day)	£1,300.00
7.	Time engaged in necessary travel
	Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken	£100.00
8.	Accommodation and associated subsistence
	Payment of necessary accommodation and associated subsistence per day	£100.00

Regulation 10

1.[87]    Subject to the following provisions of this Schedule, the fees of counsel and of solicitor-advocates shall be calculated in accordance with the Table of Fees in this Schedule and the fee of a solicitor-advocate for undertaking an item of work shall be –

(a) where he 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 he 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.

2. Where the Table of Fees in this Schedule does not prescribe a fee for any class of proceedings or any item of work, the auditor shall allow such fee as appears to him appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the said Table of Fees.
3. Where the Table of Fees in this Schedule prescribes a range of fees, the auditor shall (subject to paragraphs 4 and 5 of this Schedule) allow such fee within that range as appears to him to provide reasonable remuneration for the work.
4. The auditor shall have power to increase any fee set out in the Table of Fees in this Schedule where he is satisfied that because of the particular complexity or difficulty of the work or any other particular circumstances such an increase is necessary to provide reasonable remuneration for the work.
5. The auditor shall have power to reduce any fee set out in the Table of Fees in this Schedule where he is satisfied that because of any particular circumstances a reduced fee is sufficient to provide reasonable remuneration for the work.

 

TABLE OF FEES[88]

Chapter I – Junior counsel

Part I – Undefended actions of divorce or separation – affidavit procedure

1.	Summons or other initiating writ
	(a)   Subject to sub-paragraph (b) below the fees shall be –
	(i)    where the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 are relied on	£31.40
	(ii)    where the facts set out in section 1(2)(a) (adultery) or section 1(2)(c) (desertion) of the said Act are relied on and the action is not straightforward	£31.40
	(iii)    where the facts set out in the said section 1(2)(a) (adultery) or section 1(2)(c) (desertion) are relied on and the action is straightforward	£25.20
	(iv)    where the facts set out in section 1(2)(d) (2 years’ non-cohabitation and consent) or 1(2)(e) (5 years’ non-cohabitation) of the said Act are relied on	£25.20
	(b)   Where common law interdict and/or any order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 or any other ancillary order is also sought, the fee shall be within the following range: –
	From	£31.40
	To	£58.20
2.	Minute
	(a)   Minute involving arrangements for a child or children and/or financial provision	£23.20
	(b)   Any other minute	£18.00
3.	By Order Roll appearance	£18.00
4.	All other work
	The fees specified in Part IV shall apply.
Part II – Consistorial actions other than those to which Part I applies
1.	Summons or other initiating writ
	The fees specified in Part I shall apply
2.	Minute for pursuer relating to custody, aliment or access	£25.80
3.	Defences or answers
	(a)   Defences or answers in purely skeleton form to preserve rights of parties	£14.40
	(b)   Answers to minute	£23.20
	(c)   The fee for defences or answers to which sub-paragraph (a) or (b) does not apply shall be within the following range: –
	From	£25.20
	To	£52.50
4.	Joint minute regulating custody, aliment or access
	Framing or adjusting the minute	£22.10
5.	By Order Roll appearance	£18.00
6.	All other work
	The fees specified in Part IV shall apply.
Part III – Petitions
1.	Petition (including any revisals thereto)
	(a)   Petition for interdict	£65.90
	(b)   Other Outer House petitions	£44.30
	(c)   Inner House petition: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work.
2.	Answers (including any revisals thereto)
	(a)   Petition for interdict	£65.90
	(b)   Other Outer House petitions	£40.70
	(c)   Inner House petitions: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work.
3.	All other work
	The fees specified in Part IV shall apply.
Part IV – Ordinary actions
1.	Summons (including any revisals thereto)
	(a)   Straightforward cases	£55.10
	(b)   Other cases	£72.60
2.	Defences (including any revisals thereto)
	(a)   Where in purely skeleton form to preserve rights of parties	£14.40
	(b)   Otherwise the fee shall be within the following range, having regard to nature of summons: –
	From	£55.10
	To	£72.60
3.	Adjustment of record
	(a)   Adjustment fee (each occasion)	£23.20
	(b)   Additional adjustment fee, where skeleton defences require to be amplified, where additional parties are introduced, etc.	£55.10
4.	Specification of documents
	Standard calls only	£23.20
5.	Minutes, etc.
	(a)   Formal amendments or answers	£21.10
	(b)   Amendments or answers other than formal	£37.10
	(c)   Revising and signing tender or acceptance	£9.25
	(d)   Note of exceptions	£23.20
	(e)   Abandonment, sist, restriction, etc.	£11.30
	(f)   Issue or counter issue	£11.30
6.	Notes
	(a)   Note on quantum only	£58.20
	(b)   Note advising on tender or extra-judicial offer, where not merely confirming advice at consultation	£65.90
	(c)   Note on line of evidence	£65.90
	(d)   The fee for other types of note shall be within the following range: –
	From	£22.10
	To	£65.90
7.	Consultations
	(a)   Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion –
	(i)    junior alone	£80.30
	(ii)    junior with senior	£44.30
	(b)   Other consultations –
	(i)    junior alone	£65.90
	(ii)    junior with senior	£37.10
8.	Motions
	(a)   Unopposed motions on By Order (Adjustment) Roll, etc.	£11.30
	(b)   Opposed motions –
	attendance for up to half hour	£23.10
	attendance for each subsequent half hour or part thereof	£18.00
	(c)   Motions on By Order Roll (including advice)	£21.10
9.	Procedure Roll, proof or jury trial
	(a)   Junior alone – per day	£240.50
	(b)   Junior with senior – per day	£182.80
10.	Inner House
	(a)   Single Bills
	(i)    unopposed	£18.00
	(ii)    opposed –
	attendance for each half hour or part thereof	£25.80
	(b)   Reclaiming motion
	(i)    junior opening or appearing alone – per day	£256.00
	(ii)    junior otherwise – per day	£197.80
	(c)   Motion for new trial
	(i)    junior alone – per day	£256.00
	(ii)    junior with senior – per day	£197.80
11.	Attendance at judgement
	(a)   Outer House	£21.10
	(b)   Inner House	£25.80

 

 

Chapter II – Senior counsel
consistorial actions, petitions and ordinary actions

1.	Revisal of pleadings
	(a)   Revisal of summons, defences, petition or answers	£96.30
	(b)   Adjustment fee (open record) (each occasion)	£37.10
2.	Minutes, etc. – revisal fees
	(a)   Amendments (other than formal) or answers	£40.70
	(b)   Admissions, tender or acceptance (in appropriate cases)	£11.30
	(c)   Note of exceptions	£11.30

 

3.	Notes
	(a)   Note on quantum only	£87.60
	(b)   Advice on tender or extra-judicial offer where not merely confirming advice at consultation	£96.30
	(c)   Note on line of evidence (revisal)	£96.30
	(d)   The fee for other notes shall be within the following range: –
	From	£30.40
	To	£96.30
4.	Consultations
	(a)   Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion	£116.40
	(b)   Other consultations	£96.30
5.	Day in court
	(a)   Inner House – per day	£343.50
	(b)   Outer House – per day	£320.80