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

 

[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

 

---

 

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 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 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 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

 

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

SCHEDULE 5

TABLE OF DETAILED FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE COURT OF SESSION, SHERIFF APPEAL COURT AND UPPER TRIBUNAL FOR SCOTLAND, PROCEEDINGS LISTED AT REGULATION 5(3) AND PROCEEDINGS IN THE SHERIFF COURT LISTED IN SCHEDULE 7

Regulation 5

 

1.	The fee for—
	(a)	any time up to the first half hour spent by a solicitor conducting a proof or hearing		£40.65
	(b)	each quarter hour (or part thereof) subsequent to the first half hour		£20.33
2.	The fee for—
	(a)	each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1		£15.72
	(b)	each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table		£7.77
3.	The fee for—
	framing affidavits – per sheet (or part thereof)			£13.32
4.	The fee for—
	(a)	framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof)
	(b)	each citation of a party, witness or haver including execution thereof
	(c)	instructing messengers-at-arms and sheriff officers, including examining execution and settling fee
	(d)	agency accepting service or any writ
	(e)	lodging first step of process
	(f)	lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
	(g)	letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below
	(h)	perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter—
	Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above
	in each of sub-paragraphs (a) to (h)			£8.97
5.	The fee for—
	(a)	attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
	(b)	Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof)
	(c)	framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
	(d)	certifying or signing a document
	(e)	short telephone calls (of up to 4 minutes duration)
	(f)	short letters of a formal nature, intimations, and letters confirming telephone calls
	in each of sub-paragraphs (a) to (f)			£3.53
5A.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a)	by a solicitor		£7.87
	(b)	by a solicitor’s clerk		£3.89
6.	(a)	There is no fee for photocopying—
		(i)	where fewer than 20 sheets are copied at any one time
		(ii)	in relation to the first 20 sheets copied at any one time
	(b)	Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is—
		(i)	for each sheet copied for up to 10,000 sheets	£0.05
		(ii)	for each sheet copied in addition to the first 10,000 sheets	£0.01

 

 

Calculation of fees for time at court and travelling

The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.

Interpretation

"court" means court or tribunal as the case may be;

a "sheet" shall consist of 250 words or numbers;

a “page” shall consist of 125 words or numbers.

 

Schedule 5 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

Regulations 5 and 6

		On or after 1 April 2008	Before 1 April 2008
1.	The fee for –
	(a) Any time to the first half hour spent by a solicitor conducting a proof or hearing	£37.58.	£34.00
	(b) Each quarter hour (or part thereof) subsequent to the first half hour	£18.79	£17.00
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	£14.53	£13.15
	(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	£7.18	£6.50
3.	The fee for –
	Framing affidavits - per sheet (or part thereof)	£12.32	£11.15
4.	The fee for –
	(a) Framing and drawing all necessary papers, other than affidavits or papers of a formal character
	(b) Each citation of a party, witness or haver including execution thereof
	(c) Instructing messengers-at-arms and sheriff officers, including examining execution and settling fee
	(d) Agency accepting service of any writ
	(e) Lodging first step of process
	(f) Lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
	(g) Letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below
	(h) Perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter –
	Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above
	in each of sub paragraphs (a)-(h).	£8.29	£7.50
5.	The fee for-
	(a) Attendance at court offices for carrying out formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
	(b) Revising papers drawn by counsel, open and closed records etc. or where revisal ordered - per 5 sheets (or part thereof)
	(c) Framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
	(d) Certifying or signing a document
	(e) Short telephone calls (of up to 4 minutes duration)
	(f) Short letters of a formal nature, intimations, and letters confirming telephone calls-
	in each of sub paragraphs (a) to (f)	£3.26	£2.95
5A.[122]	The fee for each quarter hour (or part thereof) spent travelling-   (a) by a solicitor (b) by a solicitor’s clerk	£7.27 £3.59
6.	[123] (a) There is no fee for photocopying-   (i)where fewer than 20 sheets are copied at 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	£0.09                         £0.05 £0.01	£0.08

[124] Calculation of fees for time at court and travelling

The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.

Interpretation

In this Table –

"court" means court or tribunal as the case may be;

a "sheet" shall consist of 250 words or numbers; [125]and

a "page" shall consist of 125 words or numbers; [126]

[127]

Part 1 of Chapter 1 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

SCHEDULE 6

TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT

CHAPTER 1

SHERIFF COURT CIVIL FEES (UNDEFENDED)

 

Note: Per regulation 5(2A) as amendedby SSI 2021 No 56 in force 22 March 2021 the value of the unit for the fees set out in Schedule 6 is £22.72

   Notes on the operation of Chapter I

Payment of the fees set out in the table in this chapter is subject to the following provisions.

   1.    A fee is payable under paragraph 2 of Part I where it can be demonstrated that following the grant of legal aid significant work was undertaken by the solicitor by way of negotiation with the opponent and/or the opponent's solicitor. Where this fee is claimed the work done must be clearly documented on the file, for perusal, if required, by the Board.

   2.    The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on any of the paragraphs within Part I are a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.

   3.    The fee provided in paragraph 2 of Tables A to C includes all the costs incurred in the swearing of affidavits, including defender's affidavits where appropriate.

   4.    A fee is payable under either Table A or Table B. The fee under Table C relating to matters ancillary to those in Tables A and B is payable only once.

   5.    The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 6.

   6.    In addition to the fees payable under Part II of this chapter, travel time is payable at £7.87 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–

(a)   the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;

(b)   the solicitor's attendance is necessary for the advancement of the case;

(c)   the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;

(d)   when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).

   7.    Travel expenses may be incurred only where travel time is chargeable.

   8.    Where it would be more cost effective to travel by public transport the solicitor shall do so.

Work done		Inclusive Fee in Units
Part I – Negotiation
1. Cases where settlement is effected without an action being raised where through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor a negotiated settlement is reached and minute of agreement or separation agreement, as the case may be, is entered into (subject to a maximum charge of 19); or		10–19
2. Cases where settlement is not effected but where without an action being raised the outcome or disposal is effected through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor (subject to a maximum charge of 10).		5–10

Part 2 of Chapter 1 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

SCHEDULE 6

TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT

CHAPTER 1

SHERIFF COURT CIVIL FEES (UNDEFENDED)

 

Note: Per regulation 5(2A) as amendedby SSI 2021 No 56 in force 22 March 2021 the value of the unit for the fees set out in Schedule 6 is £22.72

   Notes on the operation of Chapter I

Payment of the fees set out in the table in this chapter is subject to the following provisions.

   1.    A fee is payable under paragraph 2 of Part I where it can be demonstrated that following the grant of legal aid significant work was undertaken by the solicitor by way of negotiation with the opponent and/or the opponent's solicitor. Where this fee is claimed the work done must be clearly documented on the file, for perusal, if required, by the Board.

   2.    The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on any of the paragraphs within Part I are a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.

   3.    The fee provided in paragraph 2 of Tables A to C includes all the costs incurred in the swearing of affidavits, including defender's affidavits where appropriate.

   4.    A fee is payable under either Table A or Table B. The fee under Table C relating to matters ancillary to those in Tables A and B is payable only once.

   5.    The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 6.

   6.    In addition to the fees payable under Part II of this chapter, travel time is payable at £7.87 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–

(a)   the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;

(b)   the solicitor's attendance is necessary for the advancement of the case;

(c)   the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;

(d)   when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).

   7.    Travel expenses may be incurred only where travel time is chargeable.

   8.    Where it would be more cost effective to travel by public transport the solicitor shall do so.

 

Part II – All actions except those actions of divorce or separation and aliment to which Part III applies

Work done		Inclusive Fee in Units
1. Actions (other than those specified in paragraph 2 of this Part) in which decree is granted without proof–
Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree.		10
Note: In cases where settlement is effected after service of a writ but before the expiry of the period of notice.		5
Additional fee to cover–
(a)	drawing, intimating and lodging any written motion for or minute (including any Motion for an interim Order)or diligence, including the first quarter hour of argument, even if involving appearances on different dates (to include instructing service and implementation);	6
(b)	thereafter, waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour.	1
To framing all necessary affidavits per sheet (to include notarial fee unless on cause shown the affidavit cannot be notarised within the principal agent's firm, in which case a fee to the external notary is 1 unit).		1
Note: Charges levied by notaries outwith the United Kingdom shall be payable according to the circumstances of the case; and
affidavits in this Part do not include those required to prove a divorce.
Report Fee – to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either–
(i)	where the report is commissioned by the solicitor for the assisted person; or
(ii)	where the report is commissioned by order of Court.
Attendance at Hearing – Paragraph 19 of the Notes on the operation of Chapter II in relation to the calculation of time shall apply in relation to attendance of a hearing under Part II of Chapter I.
2. Actions of separation and aliment (not being actions to which Part III of this chapter applies) or residence and aliment where proof takes place–
inclusive fee to cover all work from taking instructions up to and including obtaining extract decree.		20

Part 3 of Chapter 1 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

 

SCHEDULE 6

TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT

CHAPTER 1

SHERIFF COURT CIVIL FEES (UNDEFENDED)

 

Note: Per regulation 5(2A) as amendedby SSI 2021 No 56 in force 22 March 2021 the value of the unit for the fees set out in Schedule 6 is £22.72

   Notes on the operation of Chapter I

Payment of the fees set out in the table in this chapter is subject to the following provisions.

   1.    A fee is payable under paragraph 2 of Part I where it can be demonstrated that following the grant of legal aid significant work was undertaken by the solicitor by way of negotiation with the opponent and/or the opponent's solicitor. Where this fee is claimed the work done must be clearly documented on the file, for perusal, if required, by the Board.

   2.    The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on any of the paragraphs within Part I are a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.

   3.    The fee provided in paragraph 2 of Tables A to C includes all the costs incurred in the swearing of affidavits, including defender's affidavits where appropriate.

   4.    A fee is payable under either Table A or Table B. The fee under Table C relating to matters ancillary to those in Tables A and B is payable only once.

   5.    The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 6.

   6.    In addition to the fees payable under Part II of this chapter, travel time is payable at £7.87 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–

(a)   the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;

(b)   the solicitor's attendance is necessary for the advancement of the case;

(c)   the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;

(d)   when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).

   7.    Travel expenses may be incurred only where travel time is chargeable.

   8.    Where it would be more cost effective to travel by public transport the solicitor shall do so.

 

Part III –

Actions of divorce or separation and aliment where proof is by means of affidavits

   1.    In any undefended action of divorce or separation and aliment where–

(a)   the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 are relied upon; and

(b)   the pursuer seeks to prove those facts by means of affidavits,

the pursuer's solicitor may in respect of the work specified in column 1 of Table A in this paragraph charge the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE A

Column 1	Column 2
	Inclusive Fee in Units
1. All work to and including the period of notice.	16
2. All work from the period of notice to and including swearing affidavits.	13
3. All work from swearing affidavits to and including sending extract decree.	3
4. All work to and including sending extract decree.	32

 

   2.    In any undefended action of divorce or separation and aliment where–

(a)   the facts set out in section 1(2) (adultery), 1(2)(d) (one year's non cohabitation and consent) or 1(2)(e) (two years' non cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and

(b)   the pursuer seeks to prove those facts by means of affidavits,

the pursuer's solicitor may, in respect of the work specified in column 1 of Table B in this paragraph, charge the inclusive fee specified in respect of that work in column 2 of that Table.

 

TABLE B

Column 1	Column 2
	Inclusive Fee in Units
1. All work to and including the period of notice.	13
2. All work from the period of notice to and including swearing affidavits.	8
3. All work from swearing affidavits to and including sending extract decree.	3
4. All work to and including sending extract decree.	24

   3.    If–

(a)   the pursuer's solicitor charges an inclusive fee under paragraph 1 or 2 of this Part; and

(b)   the action to which the fee relates includes a crave relating to an ancillary matter,

in addition to that fee, he may charge in respect of the work specified in column 1 of Table C in this paragraph the inclusive fee specified in respect of that work in column 2 of that Table.

 

TABLE C

 

Column 1	Column 2
	Inclusive Fee in Units
1. All work to and including the period of notice.	6
2. All work from the period of notice to and including swearing affidavits.	3.5
3. All work under items 1 and 2.	9.5

Part 1 of Chapter 1 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

Notes on the operation of Chapter I

Payment of the fees set out in the table in this chapter is subject to the following provisions.

1. A fee is payable under paragraph 2 of Part I where it can be demonstrated that following the grant of legal aid significant work was undertaken by the solicitor by way of negotiation with the opponent and/or the opponent's solicitor. Where this fee is claimed the work done must be clearly documented on the file, for perusal, if required, by the Board.
2. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on any of the paragraphs within Part I are a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.
3. The fee provided in paragraph 2 of Tables A to C includes all the costs incurred in the swearing of affidavits, including defender's affidavits where appropriate.
4. A fee is payable under either Table A or Table B. The fee under Table C relating to matters ancillary to those in Tables A and B is payable only once.
5. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 6.

6^. In addition to the fees payable under Part II of this chapter, travel time is payable at £7.49 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–

(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;

(b) the solicitor's attendance is necessary for the advancement of the case;

(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;

(d) when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).

 

7. Travel expenses may be incurred only where travel time is chargeable.
8. Where it would be more cost effective to travel by public transport the solicitor shall do so.

 

Part 2 of Chapter 1 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

Notes on the operation of Chapter I

Payment of the fees set out in the table in this chapter is subject to the following provisions.

1. A fee is payable under paragraph 2 of Part I where it can be demonstrated that following the grant of legal aid significant work was undertaken by the solicitor by way of negotiation with the opponent and/or the opponent's solicitor. Where this fee is claimed the work done must be clearly documented on the file, for perusal, if required, by the Board.
2. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on any of the paragraphs within Part I are a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.
3. The fee provided in paragraph 2 of Tables A to C includes all the costs incurred in the swearing of affidavits, including defender's affidavits where appropriate.
4. A fee is payable under either Table A or Table B. The fee under Table C relating to matters ancillary to those in Tables A and B is payable only once.
5. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 6.

6^. In addition to the fees payable under Part II of this chapter, travel time is payable at £7.49 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–

(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;

(b) the solicitor's attendance is necessary for the advancement of the case;

(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;

(d) when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).

 

7. Travel expenses may be incurred only where travel time is chargeable.
8. Where it would be more cost effective to travel by public transport the solicitor shall do so.

 

Part 3 of Chapter 1 of Scedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

Notes on the operation of Chapter I

Payment of the fees set out in the table in this chapter is subject to the following provisions.

1. A fee is payable under paragraph 2 of Part I where it can be demonstrated that following the grant of legal aid significant work was undertaken by the solicitor by way of negotiation with the opponent and/or the opponent's solicitor. Where this fee is claimed the work done must be clearly documented on the file, for perusal, if required, by the Board.
2. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on any of the paragraphs within Part I are a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.
3. The fee provided in paragraph 2 of Tables A to C includes all the costs incurred in the swearing of affidavits, including defender's affidavits where appropriate.
4. A fee is payable under either Table A or Table B. The fee under Table C relating to matters ancillary to those in Tables A and B is payable only once.
5. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 6.

6^. In addition to the fees payable under Part II of this chapter, travel time is payable at £7.49 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–

(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;

(b) the solicitor's attendance is necessary for the advancement of the case;

(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;

(d) when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).

 

7. Travel expenses may be incurred only where travel time is chargeable.
8. Where it would be more cost effective to travel by public transport the solicitor shall do so.

 

 

SCHEDULE 6

TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT

CHAPTER II

SHERIFF COURT CIVIL FEES (DEFENDED)

 

Note: Per regulation 5(2A) as amendedby SSI 2021 No 56 in force 22 March 2021 the value of the unit for the fees set out in Schedule 6 is £22.72

 

 

 Notes on the operation of chapter II

Payment of the fees set out in the table in this chapter is subject to the following provisions.

   1.    In assessing any account lodged with the Board on a solicitor and client, third party paying basis, regard shall be had to –

(a)   what would be considered reasonable in a judicial taxation, on a party and party basis, for conducting the proceedings in a proper manner; and

(b)   any work or expense specifically sanctioned, certified or authorised by the Board.

   2.    It shall be competent for the Auditor to disallow any fee which he shall judge irregular or unnecessary.

   3.    In the taxation of accounts where counsel is employed –

(a)   counsel’s fees are allowed only where the Board has sanctioned the employment of counsel;

(b)   except on cause shown, fees to counsel for only two consultations in the course of the cause are allowed; and

(c)   except on cause shown, fees to counsel shall not be payable for attendance at hearings which are routine or procedural or which do not advance the cause.

   4.    A fee in respect of a Minute of Amendment is only payable to the solicitor bringing the amendment where –

(a)   the Minute was necessary due to a new development in the case;

(b)   relevant information which was previously unknown to the solicitor came to the solicitor’s attention; or

(c)   the work could not have been done at an earlier stage in the proceedings.

   5.    The fees set out in this chapter include –

(a)   all correspondence, telephone calls or communication of whatever nature with the Board;

(b)   all fees incurred by any other solicitor in relation to work done in any part of the case, which shall not be a chargeable outlay; and

(c)   copyings,

and include not only the work expressly set out within the terms of each paragraph but also (unless specifically provided for) all meetings, correspondence, precognitions, negotiation ancillary thereto, and all posts and incidental expenses.

   6.    The fee under paragraph 1(d) is payable on each transfer of agency but is not payable where an advice and assistance account in respect of the same matter is charged to the Board or the client. Where there is a transfer of agency, the solicitor from whom agency is transferred shall be paid the whole fee for work done by that solicitor in respect of any paragraph or sub-paragraph; and where work done under any paragraph or sub-paragraph is only partially completed by that solicitor, the fee payable in respect of that work shall be apportioned equally between the solicitor from whom agency is transferred and the solicitor to whom agency is transferred.

   7.    A fee is payable under paragraph 2(a)(i), (ii) or (iii); more than one fee cannot be claimed. The fee under paragraph 2(a)(ii) is only payable where it is unlikely that the action would have settled without the input of the solicitor and the solicitor certifies that settlement took place in consequence of one or both of the following circumstances:-

(a)   settlement was expressed within an extraneous Minute of Agreement or a Joint Minute (other than a Joint Minute for dismissal or decree simpliciter) encompassing an outcome materially different from the terms of any interim order of court in force immediately prior to the execution of that Joint Minute or Minute of Agreement;

(b)   settlement followed upon an exercise of sustained negotiation involving a significant level of discussion between solicitor, the client or the opponent (or their agent) taking place after the conclusion of the work payable under paragraph 1 and clearly documented on the file for perusal, if required, by the Board.

   7A.    The fee under paragraph 2(a)(iii) is payable only where–

(a)   no settlement is achieved but an outcome or disposal is reached and the solicitor can demonstrate that an exercise of sustained negotiation involving a significant level of discussion between the solicitor, the client and, as the case may be, the opponent (or the opponent’s agent) took place;

(b)   the Board is satisfied that all the additional work carried out by the solicitor was reasonable and necessary in all the circumstances of the case; and

(c)   the work is clearly documented on the file and may be perused by the Board as required.

   8.    The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on paragraph 2(a)(ii) or (iii) will be a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.

   9.    The fee under paragraph 3(a) is payable only in relation to time engaged in the conduct of the hearing and any continued hearing including a hearing under Rule 18.3 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907. The conduct of the hearing is the actual time involved in the substantive argument and does not include any formal attendance at a hearing for the purpose of seeking an adjournment or other formal attendance not devoted to the stating of the argument.

   10.    The fee payable under paragraph 3(a)(i) includes the first quarter hour of argument, even if involving appearances on different dates. The fee is not chargeable on a quarter hour block but rather on the total number of minutes taken up in argument at a hearing or continued hearings.

   11.    The fee payable under paragraph 4(a) includes the notarial fee unless, on cause shown, the affidavit cannot be notarised within the principal agent’s firm, in which case a fee of one unit is payable to the external notary. Charges levied by notaries outwith the United Kingdom shall be paid according to the circumstances of the case.

   12.    The fees under paragraph 4(b), (c), (d) and (e) are payable only once in any case.

   13.    The fee under paragraph 4(e) is payable only where the settlement conference or negotiation takes place in one location or by telephone. This fee is payable in relation to one meeting (including a continued meeting) in relation to any case and is payable only where-

(a)   negotiation commences at least 14 days prior to the proof; and

(b)   the fee under paragraph 4(f) is not charged in the case,

and where this fee is claimed the work done should be clearly documented on the file, for perusal, if required, by the Board.

   14.    The fee under paragraph 4(f) is payable only where no other attendance fee is charged in relation to any appearance at which authority is interponed to the Joint Minute and is not payable in addition to any fee under paragraph 5(a)(ii) to (iii).

   14A.    The fee under paragraph 4(k) in contentious contact dispute cases is payable only where the additional work is necessary as a result of a material issue and not due to one party’s refusal to resolve any contact issue.

   14B.    The fee under paragraph 4(k) is payable in respect of each of the circumstances specified in that sub-paragraph.

   15.    The fee under paragraph 5(a) is only payable once in any case and the fee under paragraph 5(a)(iii) includes preparation for a debate on evidence.

   16.    The fee under paragraph 5(b) is payable only in respect of a debate in law.

   17.    [Revoked]

   18.    Notwithstanding paragraph 5(e), the taking of an appeal to the Sheriff Appeal Court is a distinct proceeding and shall require a separate application for civil legal aid and nothing in this table shall imply otherwise.

   19.    The fee under paragraph 6 is payable on the total time engaged per day and is payable cumulatively between waiting and conduct time, rounded up to the nearest 15 minutes. The fee is payable–

(a)   from the time appointed by the court for the hearing; or

(b)   from the conclusion of any other business (including non legal aid cases) ending prior to the hearing,

whichever is the shorter.

   20.    The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 21.

   21.    In addition to the fees payable under this chapter, travel time is payable at £7.87 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:-

(a)   the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;

(b)   the solicitor’s attendance is necessary for the advancement of the case;

(c)   the distance travelled is at least 10 miles in each direction from the solicitor’s normal place of work;

(d)   when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).

   22.    Travel expenses may only be incurred where travel time is chargeable.

   23.    Where it would be more cost effective to travel by public transport the solicitor shall do so.

   24.    Except as provided for by paragraph 25 or where otherwise prescribed, no fee is allowable unless the work for which the fee is payable has been completed in its entirety.

   25.    (1)    During the emergency period, where a solicitor submits a claim for payment in such form as the Board may require for work which has been commenced but not yet completed in its entirety, the Board may make payment to account of the amount of the fee which would be payable in accordance with the table in this chapter if that work had been completed in its entirety, subject to the following conditions:-

(a)   a payment made under this paragraph shall be an interim payment only and the fee payable to the solicitor, if any, in respect of the work to which such interim payment relates shall be assessed upon receipt of a claim by the solicitor for fees payable in accordance with this chapter;

(b)   when assessing the fee payable to a solicitor in respect of legal aid the Board may have regard to any interim payment, or payments, made under this paragraph in relation to the same matter and may reduce the amount of the fee payable to the solicitor accordingly;

(c)   where interim payment has been made in accordance with this paragraph but the payment made exceeds the fee payable to the solicitor in respect of the work carried out under this chapter, the excess shall be repaid by the solicitor to the Fund.

(2)   For the purposes of this chapter “emergency period” is the period beginning on 1 July 2020 and ending on the date on which Part 9 of schedule 4 of the Coronavirus (Scotland) Act 2020(a) expires in accordance with section 12 of that Act.

Notes on the operation

SCHEDULE 6

TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT

CHAPTER II

SHERIFF COURT CIVIL FEES (DEFENDED)

 

Note: Per regulation 5(2A) as amendedby SSI 2021 No 56 in force 22 March 2021 the value of the unit for the fees set out in Schedule 6 is £22.72   

 

TABLE OF FEES

 

Fee payable			Units
1. Instruction Fee-
(a)	To cover all work from the taking of instructions to the conclusion of proceedings where no fee is payable under paragraph (b).		10
(b)	To cover all work from the taking of instructions to–		20
	(i)	commence proceedings until the lodging of a Notice of Intention to Defend or the first appearance of the defender; or
	(ii)	to defend proceedings until the date appointed for the lodging of defences, the making of an order dispensing with written defences, the first appearance of the defender or the issue of the usual procedural timetable (except as specifically provided below).
(c).	Counterclaim - Additional fee where a counterclaim is lodged		4
(d)	Transfer of Agency - receiving instructions after a transfer of agency, where defences have, or should already have been, lodged, to include familiarising the incoming agent with the file.		8
2. Progress Fees-
(a)	(i)	To cover all additional work (including adjustment and attendance at Options Hearing) from the conclusion of the work in Paragraph 1 until the allowance of a Proof or Debate or other court hearing fixed for the purpose of settlement (except as specifically provided below);	19
	(ii)	To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents and resulting, prior to the allowance of a Proof, Debate, or other court hearing fixed for the purpose of settlement, in the negotiated settlement of the action (except as specifically provided below); or	19
	(iii)	To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents where, prior to the allowance of a Proof or Debate, or other court hearing fixed for the purpose of settlement, an outcome or disposal is effected (subject to a maximum charge of 10 units) (except as specifically provided below);	10
(b)	Fee to cover all work for the preparation and attendance at any Continued Options Hearing including the preparation of an amended Record.		2
3. Motions and Minutes etc.-
(a)	Fee to cover drawing, intimating, lodging, receiving and opposing (if so advised) any reponing note or written motion or minute (including Motions for interim orders) for any party-
	(i)	where opposed or unopposed and involving a hearing before the Sheriff, to include the first quarter hour of argument, even if involving appearances on different dates	6
	(ii)	where unopposed and not involving a hearing	2
	(iii)	thereafter attendance fee per quarter hour, including any continuation of the diet ordered by the Sheriff to allow a minute of amendment to be received and answered	1
(b)	Fee to cover drawing, or receiving Minute of Amendment, in addition to motion fee, if appropriate –
	(i)	where assisted person is party bringing amendment and no answers lodged;	4
	(ii)	where amendment is sought by another party and no answers lodged by assisted person;	2
	(iii)	where answered, to include adjustment as required, for any party.	6
(c)	Specification of Documents, in addition to motion fee, if appropriate –
	(i)	fee to cover drawing, intimating and lodging Specification	4
	(ii)	fee to opposing solicitor.	2
4. Miscellaneous Fees
(a)	Affidavits - to framing all necessary affidavits, per sheet.		1
(b)	Contact Arrangements - fee arranging or attempting to arrange interim contact arrangements where appropriate.		6
(c)	Notice to Admit - preparing and serving/receiving a Notice to admit and serving a counter notice if required.		4
(d)	Joint Minute of Admissions - preparing and/or considering and executing a joint minute of admissions with a view to avoiding unnecessary evidence or disposing of some (but not all) craves.		4
(e)	Settlement conference/negotiation - participating in a settlement conference or negotiation after the allowance of a proof or debate where the solicitor making the claim is authorised in advance by the client to participate, per quarter hour (subject to a maximum charge of 8 units).		1
(f)	Extra Judicial Settlement - fee to cover work to formalise settlement.		8
(g)	Minute of Agreement - to drawing/revising Minute of Agreement necessary to accomplish or record overall settlement per sheet (subject to a maximum charge of 8 units).		1
(h)	Report Fee - to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either-
	(i)	where the report is commissioned by the solicitor for the assisted person; or	4
	(ii)	the report is commissioned by order of Court.
(i)	Additional Procedure - additional fee where Additional Procedure invoked in terms of Chapter 10 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (to include attendance at any procedural hearing(s).		4
(j)	Additional fee where the action involves a third party minuter at any stage.		4
(k)	Additional fee where the action involves–		4
	(i)	a complex financial dispute leading to protracted negotiations;
	(ii)	a complex pension sharing arrangement; or
	(iii)	a contentious contact dispute.
(l)	Peremptory diet – fee to cover all work in connection with a peremptory diet (excluding attendance at court).		3
5. Preparation
(a)	Preparation for proof or evidential child welfare hearing
	(i)	If action settled or abandoned not later than 14 days before the diet of proof or evidential child welfare hearing.	18
	(ii)	Where the action settles within 14 days of, or on the day of, or after the diet of proof or evidential child welfare hearing but without evidence being lead.	24
	(iii)	In any other case where evidence is led (to include settling with witnesses and enquiring for cause at avizandum (if required).	36
(aa)	Preparation for Child Welfare Hearing
	(i)	Fee to cover all work preparing for first hearing.	6
	(ii)	Fee to cover all work preparing for each subsequent hearing.	3
(b)	Preparation for Debate-
	Fee to cover all work in connection with preparing for any debate, where such debate takes place prior to proof or Proof Before Answer.		8
(c)	[Revoked]
(d)	Commission to Take Evidence -
	Fee to cover all work preparing for the taking of evidence or executing specification on open commission or proceeding as provided in (iii) below-
	(i)	For solicitor arranging commission.	8
	(ii)	For opposing solicitor.	4
	(iii)	If optional procedure adopted-fee for each person on whom specification is served.	1
	(iv)	Fee for perusing documents recovered-per quarter hour.	1
(e)	Preparing for Appeal -
	Fee to cover all work preparing for an appeal to the Sheriff Appeal Court (to include marking appeal or noting marking of appeal).		12
6. Conduct & Waiting
To waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour.			1

Note:

The amended structure and the level of fees introduced by the 2007 regulations apply to fees for work done and outlays incurred on or after 10 February 2007. As regards to block fees, the practical effect is that you will be able to charge in line with the new provisions and fees as long as any part of the work, chargeable under the block fee, was undertaken on or after 10 February 2007.