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

S.I. 1989 No. 1490 (S.119)

Made: 14 August 1989
Laid before Parliament: 17 August 1989
Coming into force: 31 August 1989
As amended to take account of:

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1990 [S.I. 1990 No. 473 (S.58)] coming into force on 1 April 1990 (Regulations 1 and 4 only);

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1991 [S.I. 1991 No. 565 (S.50)] coming into force on 1 April 1991 (Regulations 1, 2 and 4(a) only);

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1994 [S.I. 1994 No. 1015 (S.47)] coming into force on 5 May 1994 (Regulations 1 – 5, 7 and 8 only);

The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1994 [S.I. 1994 No. 1233 (S.64)] coming into force on 27 May 1994;

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1995 [S.I. 1995 No. 1044 (S.88)] coming into force on 5 May 1995;

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1997 [S.I. 1997 No. 689 (S.49)] coming into force on 1 April 1997; and

The Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 [S.I. 1999 No. 1042] coming into force on 6 May 1999;

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2002 [S.S.I. 2002 No. 496] coming into force on 1 December 2002;

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003 [S.S.I. 2003 No. 178] coming into force on 1 October 2003;

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2004 [S.S.I. 2004 No. 281]

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2005 [S.S.I. 2005 No. 449]

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2007 [S.S.I. 2007 No. 14]

The Civil Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 2007 [S.S.I. 2007 No. 181]

The Civil Legal Aid (Scotland) (Fees) Amendment (No. 3) Regulations 2007 [S.S.I. 2007 No. 438]

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2009 [S.S.I. 2009 No. 203]

The Legal Aid (Supreme Court) (Scotland) Regulations 2009 [S.S.I. 2009 No. 312]

The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 1) (Scotland) Regulations 2010 [S.S.I. 2010 No. 166]

The Legal Aid and Advice and Assistance (Solicitors’ Travel Fees) (Scotland) Regulations 2011 [S.S.I. 2011 No. 41]

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2011 [S.S.I. 2011 No. 160]

The Legal Aid and Advice and Assistance (Photocopying Fees and Welfare Reform) (Miscellaneous Amendments) (Scotland) Regulations 2013 [S.S.I. 2013 No. 250]

The Legal Aid and Assistance By Way of Representation (Fees for Time at Court and Travelling (Scotland) Regulations 2014 [S.S.I. No. 257]

The Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015 [S.S.I. No. 337]

The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2015 [S.S.I. No. 380]

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2016 [S.S.I. 2016 No. 290]

The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2016 [S.S.I. 2016 No. 257]

The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 2016 [S.S.I. 2016 No. 317]

The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2017 [S.S.I. 2017 No. 310]

The Legal Aid and Advice and Assistance (Scotland)(Miscellaneous Amendments) Regulations 2019 [S.S.I 2019 No.78]

The Secretary of State, in exercise of the powers conferred upon him by sections 33 and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Regulations

Citation and commencement

  1. These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Regulations 1989 and shall come into force on 31 August 1989.

 

Interpretation

  1. [1](1)    In these Regulations, unless the context otherwise requires –

“auditor” means –

(a) [2]in relation to proceedings in the Court of Session, Lands Valuation Appeal Court, House of Lords or Employment Appeal Tribunal, the Auditor of the Court of Session;

(b) in relation to proceedings in a sheriff court the auditor of that sheriff court;

(c) in relation to proceedings in the Scottish Land Court, the auditor of the Scottish Land Court;  and

(d) in relation to proceedings in the Lands Tribunal for Scotland either –

(i) the Auditor of the Court of Session, or

(ii) the auditor of a sheriff court agreed to by the parties or, failing agreement, the auditor of a sheriff court specified by that Tribunal;

 

[3]“counsel” includes a solicitor-advocate, except in regulation 10(2) and Schedule 2;

[4]“junior counsel” or “junior” includes a junior solicitor-advocate;

“outlays” does not include fees of counsel;

[5]“right of audience” means, in relation to a solicitor, a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980;

[6]“senior counsel” or “senior” includes a senior solicitor-advocate except in paragraph (1A) below;  and

[7]“solicitor-advocate” means a solicitor, whether instructed by another solicitor or not, when and only when he is exercising his right of audience or acting in connection with the exercise of such a right and “junior solicitor-advocate” and “senior solicitor-advocate” shall be construed in accordance with paragraph (1A) below;

[8] and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.

(1A)[9]    For the purposes of these Regulations, a solicitor-advocate shall be –

a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case in the House of Lords or where the Board has authorised the employment of senior counsel under regulation 21(1)(b) or (2) of the Civil Legal Aid (Scotland) Regulations 1987;  or

a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, irrespective of whether or not the Board has authorised the employment of senior counsel in the case.

(2)    In these Regulations, unless the context otherwise requires, any reference to proceedings in a court or tribunal includes any preparatory work done in connection with such proceedings, whether or not the proceedings were actually begun.

(3)    In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to one of these Regulations and any reference to a numbered Schedule is a reference to a Schedule to these Regulations.

 

 Fees and outlays regulated by these Regulations

  1. (1)    These Regulations shall regulate the fees and outlays allowable to solicitors, and the fees allowable to counsel, from the Fund in respect of legal aid under the Legal Aid (Scotland) Act 1986, other than criminal legal aid, upon any taxation in accordance with regulation 12.

(2)[10]  Subject to paragraphs (3)(b), (4) and (5), solicitors shall be paid fees and outlays, and counsel shall be paid fees, in accordance with regulations 4 to 12 of, and the Schedules to, these Regulations.

(3)[11]  Where fees and outlays are recovered by virtue of an award of expenses in favour of a person who has received legal aid or of an agreement as to expenses in favour of such a person –

(a) accounts of such fees and outlays, where they are taxed, shall be taxed as if the work done for that person were not legal aid; and

(b) the Board may, subject to paragraphs (4) and (5), instead of making payment in accordance with paragraph (2), pay to the solicitor (and counsel as the case may be) who acted for that person, the amount of any fees and outlays so recovered.

(4) [12]  The Board shall only make payment in accordance with paragraph (3)(b) where –

(a) it receives a request for such payment from the solicitor who, at the conclusion of the proceedings, was acting for the person in receipt of legal aid; and

(b) that solicitor has consulted with any counsel who was acting for that person at the conclusion of the proceedings regarding that request

(5)[13]The Board shall deduct from the sum payable in accordance with paragraph (3)(b) the amount of any payment made, or due to be made, by it to the solicitor or counsel referred to in paragraph (4), or to any other solicitor or counsel who previously acted for that person, in respect of those proceedings.

 

Fees and outlays allowable to solicitors

4.[14]  Subject to the provisions of regulations 5 and 7 regarding the calculation of fees, regulations 6 and 7 regarding the calculation of outlays, and the provisions of regulation 8 regarding the submission of accounts, a solicitor shall be allowed such fees and outlays as are reasonable for conducting the proceedings in a proper manner, as between solicitor and client, third party paying.

  1. (1)    A solicitor’s fees in relation to proceedings in the Court of Session shall be calculated in accordance with either Schedule 1 or 3 but it shall not be competent to charge fees partly on the basis of Schedule 1 and partly on the basis of Schedule 3.

(2)

(a) Subject to sub-paragraphs (b) and (c) hereof a solicitor’s fees in relation to proceedings in the sheriff court shall be calculated in accordance with either Schedule 2 or 3 but it shall not be competent to charge fees partly on the basis of Schedule 2 and partly on the basis of Schedule 3;

(b) fees for work to which Chapters III or IV of Schedule 2 applies shall be chargeable only on the basis prescribed in those chapters;  and

(c) fees for sequestrations in bankruptcy (other than summary sequestrations) or proceedings under the Social Work (Scotland) Act 1968 shall be chargeable only on the basis of Schedule 3 and fees for summary sequestrations shall be chargeable only on the basis of 80 per cent of the fees in that Schedule.

(3)[15]  A solicitor’s fees in relation to proceedings in the Judicial Committee of the Privy Council under paragraph 10, 12 or 13(b) of Schedule 6 to the Scotland Act 1998, House of Lords, Employment Appeal Tribunal, Lands Valuation Appeal Court, Scottish Land Court or Lands Tribunal for Scotland, or before the[16]Child Support Commissioners or the Social Security Commissioners, shall be calculated in accordance with Schedule 3.

 

(4)    In all Court of Session proceedings a fee, additional to those set out in Schedules 1 or 3, may be allowed at the discretion of the Court to cover the responsibility undertaken by a solicitor in the conduct of the proceedings.  In the sheriff court, in proceedings of importance or requiring special preparation, the sheriff may allow a percentage increase in a cause on the Ordinary Roll, not exceeding 50 per cent, and in a cause on the Summary Cause Roll, not exceeding 100 per cent, of the fees authorised by Schedules 2 or 3 to cover the responsibility undertaken by the solicitor in the conduct of the proceedings.  The Court of Session in deciding whether to allow an additional fee and the Auditor in determining that fee or the sheriff in fixing the amount of a percentage fee increase shall take into account the following factors –

(a) the complexity of the proceedings and the number, difficulty or novelty of the questions involved;

(b) the skill, specialised knowledge and responsibility required of and the time and labour expended by the solicitor;

(c) the number and importance of the documents prepared or perused;

(d) the place and circumstances of the proceedings or in which the solicitor’s work of preparation for and conduct of it has been carried out;

(e) the importance of the proceedings or the subject matter thereof to the client;

(f) the amount or value of money or property involved;  and

(g) (g)[17]the steps taken with a view to settling the proceedings, limiting the matters in dispute or limiting the scope of any hearing;  and

(h) (h)[18]any other fees and allowances payable to the solicitor in respect of other items in the same proceedings and otherwise charged for in the account.

(5)    The Auditor of the Court of Session shall have power to increase or decrease any inclusive fee set out in Schedule 1 in any appropriate circumstances.

(6)    The auditor shall have the power to apportion any fees set out in Schedules 1 or 2 between solicitors in appropriate circumstances or to modify any such fees in the case of a solicitor acting for more than one party in the same proceedings or in the case of the same solicitor acting in more than one proceeding arising out of the same circumstances or in the event of the proceedings being settled or disposed of at a stage when the work covered by any inclusive fee has not been completed.

(7)    Where work done by a solicitor constitutes a supply of services in respect of which value-added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this regulation an amount equal to the amount of value-added tax chargeable.

 

  1. A solicitor’s outlays shall include a charge in respect of posts and incidents of 12 per cent of the amount of the fees allowable to the solicitor in Schedules 1 and 2 (excluding any amount added in accordance with regulations 5(4) and (7).  In Schedule 3, without prejudice to any other claims for outlays, a solicitor shall not be allowed outlays representing posts and incidents.
  2. Where any work is carried out in the preparation for or conduct of the proceedings and that work could more economically have been done by instructing a local solicitor, only such fees and outlays shall be allowed as would have been allowable if a local solicitor had been instructed, including reasonable fees for instructing and corresponding with him, unless it was reasonable in the interests of the client that the solicitor in charge of the proceedings, or a solicitor or clerk authorised by him, should attend personally.

 

Accounts in respect of solicitors’ fees and outlays

  1. (1)    Subject to paragraph (2) below, accounts prepared in respect of fees and outlays allowable to solicitors shall be submitted to the Board not later than 6 months after the date of completion of the proceedings in respect of which that legal aid was granted.

(2)    The Board may accept accounts submitted in respect of fees and outlays later than the 6 months referred to in paragraph (1) if they consider that there is a special reason for late submission.

 

Fees allowable to counsel

  1. Subject to the provisions of regulation 10 regarding calculation of fees, counsel may be allowed such fees as are reasonable for conducting the proceedings in a proper manner, as between solicitor and client, third party paying.

 

 

  1. (1)    Counsel’s fees in relation to proceedings in the Court of Session shall be calculated in accordance with Schedule 4.

(2)[19]  Counsel’s fees for any work in relation to proceedings in the sheriff court, Judicial Committee of the Privy Council, House of Lords, Employment Appeal Tribunal, Lands Valuation Appeal Court, Scottish Land Court or Lands Tribunal for Scotland, or before the [20]Child Support Commissioners or the Social Security Commissioners, shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.

(2A)[21]  The fees of a solicitor-advocate for any work in relation to proceedings in the House of Lords shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.

(3)[22]  Where work done by counsel constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this Regulation an amount equal to the amount of value added tax chargeable thereon.

 

Payments to account

  1. (1)    A solicitor acting for, or counsel instructed on behalf of, a person receiving civil legal aid may prior to the completion of the proceedings for which the legal aid was granted submit a claim to the Board, in such form and complying with such terms and containing such information as the Board may require for assessment purposes, for payment of sums to account of his fees necessarily and reasonably incurred in connection with these proceedings.

(2)[23]  A claim may be made under this Regulation only in relation to any case where –

(a) in the proceedings for which the civil legal aid was granted the number of days on which a diet of proof, debate or like hearing is held exceeds 20 days;  or

(b) a period of 2 years has elapsed since the date on which the Board gave notice in writing of the grant of civil legal aid

(3) [24]  A second or subsequent claim may be made under this Regulation –

(a) where the number of days on which a diet of proof, debate or like hearing is held exceeds 20 days in any period subsequent to that covered by the immediately preceding claim;

or

(b) where the period mentioned in paragraph 2(b) has elapsed, after an interval of not less than 12 months has elapsed since the immediately preceding claim was made.

(4) [25]  The amount of any payment in respect of a claim under this Regulation shall be 75 per cent of the fees that will become eligible for payment and earned during the period covered by the claim.

(5)    The making of a claim under this Regulation shall not be regarded as an account of expenses nor shall the claim affect in any way the provisions of regulation 8 above with regard to the submission and acceptance of accounts prepared in respect of fees and outlays allowable to solicitors.

(6)    Where payment has been made in accordance with the provisions of this Regulation but the payment made exceeds in the case of any solicitor acting for the assisted person the total fees and outlays allowable to that solicitor in respect of the legal aid or in the case of any counsel instructed on behalf of the assisted person the total fees allowable to that counsel in respect of the legal aid, the excess shall be repaid to the Fund by such solicitor or counsel as the case may be:

Provided that where by reason of a failure to comply with the requirements of regulation 8 above with regard to submission of an account of his fees and outlays the amount of the fees and outlays allowable to a solicitor to whom payment has been made under this Regulation cannot be ascertained, the Board may require such solicitor to repay to the Fund the whole amount paid under this Regulation or such part thereof which it is satisfied may have been overpaid to the solicitor.

 

 

Taxation of fees and outlays

  1. (1)    If any question or dispute arises between the Board and a solicitor or counsel as to the amount of fees or outlays allowable to the solicitor, or as to the amount of fees allowable to counsel, from the Fund under these Regulations, other than regulation 11 above, the matter shall be referred for taxation by the auditor.

(2)    A reference to the auditor under paragraph (1) above may be at the instance of the solicitor concerned or, where the question or dispute affects the fees allowable to counsel, of the counsel concerned, or of the Board, and the auditor shall give reasonable notice of the diet of taxation to the solicitor or counsel as appropriate and to the Board.

(3)    The Board and any other party to a reference to the auditor under paragraph (1) above shall have the right to state written objections to the court in relation to the auditor’s report within 14 days of the issue of that report, and may be heard thereon;  and where the court is the Court of Session rule 349 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 shall apply to the determination of any such objections.

(4)    For the purposes of this Regulation the expression “the court” means –

in relation to any report of the Auditor of the Court of Session, the Court of Session;

in relation to any report of the auditor of a sheriff court, the sheriff;  and

in relation to any report of the Auditor of the Scottish Land Court, the Chairman of the Scottish Land Court.

 

Revocation

  1. Without prejudice to their continuation in effect for the purposes of legal aid for work done prior to 31 August 1989 the following Regulations are hereby revoked: –

The Civil Legal Aid (Scotland) (Fees) Regulations 1987;

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1987;

The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1987;

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1988;

The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1988;

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

 

Sanderson of Bowden

Minister of State,

Scottish Office

St Andrew’s House, Edinburgh

14 August 1989

Schedules to the Civil Legal Aid (Fees) (Scotland) Regulations 1989

The Tables of Fees for the payment of solicitors at Schedules 1 to 3 apply to proceedings where civil legal aid was made available before 1 October 2003.  On that date Schedules 5 to 7, introduced as part of civil legal aid reform, came into force and apply to grants of civil legal aid from 1 October 2003.

The following Schedules have been removed from our published legislation as being no longer relevant:

  • Schedule 1
  • Schedule 2, chapters I and II

Schedule 2

Fees of solicitors for proceedings in the sheriff court

Regulation 5

2.[73]

Chapter III of the Table of Fees in this Schedule shall have effect subject to the following provisions:–

(a) in paragraph 2 of Part I and paragraph 7 of Part II, no fee is allowable for attendance at a continuation of the first calling, unless specifically authorised by the court;

(b) in Part I, in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the summons;

(c) in Part II, in respect of paragraph 22 (final procedure), no fee shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision;

(d) unless the sheriff, on an incidental application in that behalf, otherwise directs, all fees chargeable under Chapter III shall be reduced by 50% in respect of–

(i)             undefended actions for recovery of heritable property;

(ii)            actions under the Tenancy of Shops (Scotland) Act 1949(3) or section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963(4).

2A.[74]

In Chapter III of the Table of Fees in this Schedule –

“attendance at court” means waiting for and conducting any hearing unless specifically provided for elsewhere in the Chapter;

“half hour” shall be read as if immediately followed by the words “(or part thereof)”;

“a page” consists of 125 words or numbers; and

“a sheet” consists of 250 words or numbers.

  1. In this Schedule “process fee” means the fee set out in paragraph 17 of Chapter II of the Table of Fees in this Schedule.

TABLES OF FEES[75]

  • Table of fees for summary cause proceedings applying to work done or outlays incurred after 26 April 2019

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

    1. 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.

    1. 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 I - Undefended Actions
    1. The fee for citation, service or re-service after the first citation —
    (a) to any destination by post £6.95
    (b) by advertisement £19.59
    2. The fee for attendance at court £19.59
    3. The fee for all other work £55.11

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

    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 £83.60
    (b) for the defender's solicitor, for all work from taking instructions (including instructions for a counter-claim) up to and including lodging the form of response £83.60
    2. Where an additional defender or third party enters the cause, an additional fee for each of the original parties' solicitors for all consequent work £41.83
    3. The fee for citation, service or re-service, except as provided for in paragraph 19(e), by —
    (a) post, to a destination—
    (i) within the United Kingdom, Isle of Man, Channel Islands or the Republic of Ireland £6.95
    (ii) other than one specified in paragraph (i) £14.86
    (b) sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer's fee £6.95
    (c) advertisement, to include framing and instructing the advertisement £21.75
    4. In connection with the first hearing of the cause —
    (a) the fee for attendance at court, including noting the outcome of the hearing £72.28
    (b) if waiting for and conducting the hearing exceeds an hour and a half, the fee for attendance at court for each subsequent half hour £21.75
    5. The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour £21.75
    6. The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet £32.21
    7. The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet £16.11
    8. In connection with reports commissioned by order of Court, the fee for —
    (a) all incidental work, including instructing the report £21.75
    (b) each half hour perusing the report £21.75
    9. The fee, per inventory, for —
    (a) lodging productions £32.21
    (b) perusing the opposition's productions £14.86
    10. The fee for framing affidavits, per sheet £16.11
    11. Except as provided for by paragraphs 17, 18 and 19 the fee for —
    (a) drawing, intimating and lodging any written minute or incidental application including any relative attendance at court, where that minute or application is—
    (i) opposed £45.87
    (ii) unopposed £27.55
    (b) considering a written minute or incidental application intimated by the opposition including any relative attendance at court, where that minute or application is—
    (i) opposed £37.73
    (ii) unopposed £21.75
    12. In connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour £21.75
    13. In connection with a proof the fee for all work, except as specifically provided for elsewhere in this Chapter, preparatory to —
    (a) the first scheduled proof, if—
    (i) the cause is settled or abandoned 7 or more days before the scheduled proof £75.46
    (ii) paragraph (i) does not apply £90.60
    (b) any adjourned proof, if the postponement from the hearing previously scheduled exceeds 6 days and—
    (i) the cause is settled or abandoned 7 or more days before the scheduled proof £37.73
    (ii) paragraph (i) does not apply £45.30
    14. The fee for each half hour inspecting the opposition's documents either at court or at a place fixed by the opposition £21.75
    15. In connection with a proof or a trial and debate on evidence taken at the close of proof, the fee for each half hour —
    (a) conducting that hearing £21.75
    (b) waiting in court for that hearing £11.56
    16. In connection with a debate on evidence not taken at the close of proof, the fee for —
    (a) all preparatory work £50.54
    (b) attendance at court, per half hour £21.75
    17. In connection with a minute of judicial tender —
    (a) the fee for consideration of, preparing and lodging the minute £45.87
    (b) on acceptance of the tender, the fee for consideration of, preparing and lodging the minute of acceptance and attendance at court when decree is granted in terms of that minute £32.21
    (c) on rejection of the tender, the fee for considering it £32.21
    18. The fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto £75.46
    19. In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972(a), the fee for —
    (a) drawing, intimating and lodging the application and, where relevant, specification and any relative attendance at court, where the application is —
    (i) opposed £50.42
    (ii) unopposed £27.55
    (b) considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is —
    (i) opposed £37.73
    (ii) unopposed £21.75
    (c) each subsequent half hour, where attendance at court exceeds half an hour £21.75
    (d) citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour £21.75
    (e) serving an order on each person, if optional procedure is adopted £14.86
    (f) each half hour perusing the documents recovered £21.75
    20. In connection with an open commission to take evidence, the fee for —
    (a) all work, excluding attendance at the commission, by the —
    (i) solicitor applying for the commission £50.54
    (ii) opposing solicitor £21.75
    (b) each half hour attending the execution of the commission £21.75
    21. At the conclusion of the cause, the fee for —
    (a) settling with witnesses and noting the final decree £45.87
    (b) the successful party to cover drawing the account of expenses, arranging, intimating and attending a diet of taxation and obtaining approval of the auditor's report and, where necessary, ordering, procuring and examining extract decree or adjusting account with opponent £45.87
    (c) the unsuccessful party to cover considering the opponent's account of expenses and, where necessary, adjusting the account with opponent or attending a diet of taxation £21.75

    (a) 1972 c.59. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 19 and schedule 2, paragraph 15.

  • Table of fees for summary cause proceedings applying to work done or outlays incurred before 26 April 2019

    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

     

Chapter IV – Executry business

  • Executry business: Table of fees for work done or outlays incurred after 26 April 2019
    1. Petition for decree dative
    Inclusive fee for taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition £34.72
    2. Restriction of Caution
    Inclusive fee for taking instructions to prepare drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition £34.72
  • Executry business: Table of fees for work done or outlays incurred before 26 April 2019
    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

     

Schedule 2A

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

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.

  1. 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

  • Simple procedure: Table of fees for work done or outlays incurred after 26 April 2019

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

      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.

      1. 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 £34.15
    (b) each quarter hour (or part thereof) subsequent to the first half hour £17.10
    2. The fee for —
    (a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 7 of this table, provided that any time is additional to the total time charged for under paragraph 1 £13.14
    (b) each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 7 of this table £6.55
    3. The fee for framing affidavits - per sheet (or part thereof) £10.79
    4. The fee for —
    (a) framing and drawing all necessary papers, other than affidavits or papers of a formal character - per sheet (or part thereof)
    (b) each citation of a party, witness or haver including execution thereof
    (c) instructing sheriff officers, including examining execution and settling fee
    (d) agency accepting service or any writ
    (e) lodging first step of process
    (f) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
    (g) letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below
    (h) perusing any document (other than a letter) consisting of not more than 12 sheets - for the first 2 sheets and each 2 sheets thereafter
    Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above,
    in each of sub-paragraphs (a) to (h). £7.47
    5. The fee for —
    (a) attendance at court or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
    (b) revising papers drawn by counsel, where ordered or necessary - per 5 sheets (or part thereof)
    (c) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
    (d) certifying or signing a document
    (e) short telephone calls (of up to 4 minutes duration)
    (f) short letters of a formal nature, intimations, and letters confirming telephone calls
    in each of sub-paragraphs (a) to (f) £2.99
    6. The fee for each quarter of an hour (or part thereof) spent travelling —
    (a) by a solicitor £6.58
    (b) by a solicitor's clerk £3.28
    7. (a) There is no fee for photocopying —
    (i) where fewer than 20 sheets are copied at any one time
    (ii) in relation to the first 20 sheets copied at any one time
    (b) Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is —
    (i) for each sheet copied for up to 10,000 sheets £0.05
    (ii) for each sheet copied in addition to the first 10,000 sheets £0.01
  • Simple procedure: Table of fees for work done or outlays incurred before 26 April 2019
    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

Table of detailed fees chargeable by solicitors for proceedings in the Court of Session and sheriff court[83]

  • Proceedings in the Court of Session and Sheriff Court: Fees and outlays incurred after 26 April 2019

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

    1. The fee for—
    (a) any time up to the first half hour spent by a solicitor conducting a proof or hearing £29.05
    (b) each quarter hour (or part thereof) subsequent to the first half hour £14.53
    2. The fee for—
    (a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 £11.23
    (b) each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table £5.56
    3. The fee for framing affidavits – per sheet (or part thereof) £9.53
    4. The fee for—
    (a) framing and drawing all necessary papers, other than affidavits or papers of a formal character
    (b) each citation of a party, witness or haver including execution thereof
    (c) instructing messengers-at-arms and sheriff officers, including examining execution and settling fee
    (d) agency accepting service of any writ
    (e) lodging first step of process
    (f) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
    (g) letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below
    (h) perusing any document (other than a letter) consisting of not more than 12 sheets - for the first 2 sheets and each 2 sheets thereafter
    NOTE: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above
    in each of sub-paragraphs (a)-(h) £6.39
    5. The fee for—
    (a) attendance at court offices for carrying out formal work including making up process and each necessary lodging in (other than first step), uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
    (b) revising papers drawn by counsel, open and closed records etc. or where revisal ordered - per 5 sheets (or part thereof)
    (c) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
    (d) certifying or signing a document
    (e) short telephone calls (of up to 4 minutes duration)
    (f) short letters of a formal nature, intimations, and letters confirming telephone calls
    in each of sub-paragraphs (a) to (f) £2.53
    5A. The fee for each quarter hour (or part thereof) spent travelling—
    (a) by a solicitor £5.52
    (b) by a solicitor’s clerk £2.79
    6. Where a document is copied and it is necessary to take a copy of more than 20 sheets (whether 20 of 1 sheet, 5 of 4 sheets or whatever), for each sheet copied a fee of £0.08
  • Proceedings in the Court of Session and Sheriff Court: Fees and outlays incurred before 26 April 2019

    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

Schedule 4

Fees of counsel for proceedings in the Court of Session[86], sheriff appeal court, Sheriff Court and Upper Tribunal for Scotland.

Schedule 4 and table of fees applying to work done or outlays incurred before 1 April 2011

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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

Schedule 4 and table of fees applying to work done between or outlays incurred on or after 1 April 2011 and 26 April 2019

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.

  1. 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.

  1. 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.
  2. Subject to paragraphs 5 to 7, the fees prescribed in the Tables of Fees in this Schedule include all associated preparation work.
  1. 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.

  1. 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.

  1. 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.
  1. 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.
  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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”

Applying to work done or outlays incurred on or after 26 April 2019:

  • Civil legal aid – proceedings in the Court of Session, Sheriff Appeal court, Sheriff Court, First-Tier Tribunal & Upper Tribunal for Scotland

    Schedule 4 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

    TABLE OF FEES A
    Fees of counsel for proceedings in the court of session
    PART 1

    JUNIOR COUNSEL

    CHAPTER 1 –FAMILY ACTIONS
    1. Summons or other initiating writ £309.00
    2. Minute  
    (a) minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision £206.00
    (b) any other minute containing a conclusion or crave £154.50
    3. Defences or answers  
    (a) Defences or answers in purely skeleton form to preserve the rights of parties £51.50
    (b) Defences or answers to which sub‑paragraph (a) does not apply £283.25
    4. Joint minute or minute of agreement regulating aliment, financial provision, orders relating to parental responsibilities or parental rights or any other matter in respect of which orders may be sought  
    (a) straightforward cases £51.50
    (b) other cases £128.75
    (c) minute of agreement £206.00
    5. Minute for decree £51.50
    6. All other work - the fees prescribed in Chapter 6 apply  
    CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY)
    1. Petition  
    (a) petition for interdict  
    (i) straightforward cases £206.00
    (ii) other cases £309.00
    (b) other Outer House petitions £309.00
    (c) the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees  
    2. Answers
    (a) petition for interdict £154.50
    (b) other Outer House petitions £154.50
    (c) the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees  
    3. All other work - the fees prescribed in Chapter 6 apply  
    CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW
    1. Petition for judicial review £360.50
    2. Oral hearing at permission stage or procedural hearing  
    (a) where the hearing does not exceed 30 minutes £61.80
    (b) where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof £51.50
    3. Substantive hearing  
    (a) junior alone £927.00
    (b) junior with senior £669.50
    4. Written statement of arguments £206.00
    5. All other work - the fees prescribed in Chapter 6 apply  
    CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN
    1. Petition £334.75
    2. Answers £334.75
    3. Motion for interim orders
    (a) where the hearing does not exceed 30 minutes £61.80
    (b) where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof £51.50
    4. First or second hearing (per day)
    (a) junior alone £927.00
    (b) junior with senior £669.50
    5. Revising any affidavit which requires to be lodged £51.50
    6. All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply  
    CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007
    1. Petition £309.00
    2. Revising any affidavit which requires to be lodged £51.50
    3. Note for revocation of permanence order or other note in the adoption process £206.00
    4. Hearing to set timetable or determine procedure (per half hour) £51.50
    5. All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply  
    CHAPTER 6 – ORDINARY ACTIONS
    1. Summons £309.00
    2. Defences  
    (a) where in purely skeleton form to preserve rights of parties £51.50
    (b) otherwise £283.25
    3. Adjustment of pleadings  
    (a) adjustment of skeleton defences £231.75
    (b) otherwise (each occasion) £77.25
    4. Specification of documents  
    (a) specification with standard calls only £51.50
    (b) other specification of documents £128.75
    5. Minutes etc.  
    (a) formal amendments or answers £77.25
    (b) amendments or answers other than formal £154.50
    (c) drafting, revising and signing tender or acceptance £51.50
    (d) note of exceptions £51.50
    (e) abandonment, sist, restriction, etc. £51.50
    (f) issue or counter issue £77.25
    6. Notes  
    (a) note on liability and/or quantum £154.50- £360.50
    (b) note advising on tender or extra-judicial offer, where not merely confirming advice at consultation £128.75
    (c) note on line of evidence £206.00-£412.00
    (d) other types of note £154.50
    7. Consultations  
    (a) before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion—  
    (i) junior alone £257.50-£412.00
    (ii) junior with senior £206.00-£309.00
    (b) other consultations—  
    (i) junior alone £128.75-£257.50
    (ii) junior with senior £103.00-£206.00
    8. Pre-trial meetings  
    Pre-trial meeting with opponent with a view to settlement of the case (to include preparation of minute of pre-trial meeting and any associated joint minute)  
      (i) junior alone £463.50
    (ii) junior with senior £360.50
    9. Motions (including By Order hearings)  
    (a) where the hearing does not exceed 30 minutes £61.80
    (b) where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof £51.50
    9A. Any other hearing where no other fee is specified  
    (a) where the hearing does not exceed 30 minutes £61.80
    (b) where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof £51.50
    10. Procedure roll, proof or jury trial (per day)  
    (a) junior alone £927.00
    (b) junior with senior £669.50
    11. Inner House  
    (a) Single Bills  
    (i) where the hearing does not exceed 30 minutes £77.25
    (ii) where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof £51.50
    (b) reclaiming motion including appeal under section 163, 164 or 165 of the 2011 Act([1]) (per day)  
    (i) junior opening or appearing alone £1,030.00
    (ii) junior otherwise £721.00
    (c) motion for new trial (per day)  
    (i) junior opening or appearing alone £772.50
    (ii) junior otherwise £515.00
    12. Attendance at judgment  
    (a) Outer House £51.50
    (b) Inner House £51.50
    13. Time engaged in necessary travel  
    Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken £103.00
    14. Accommodation and associated subsistence  
    Payment of necessary accommodation and associated subsistence per day £103.00

    PART 2

    SENIOR COUNSEL

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

     

    1. Drafting or revisal of pleadings
    (a) drafting of summons, defences, petition or answers £437.75 - £515.00
    (b) revisal of summons, defences, petition or answers £154.50
    (c) adjustment fee (open record) (each occasion) £128.75
    2. Minutes, etc. – revisal fees
    (a) amendments (other than formal) or answers £206.00
    (b) admissions, tender or acceptance (in appropriate cases) £77.25
    (c) note of exceptions £103.00
    3. Notes
    (a) note on liability and/or quantum £231.75 - £566.50
    (b) advice on tender or extra‑judicial offer when not merely confirming advice at consultation £206.00
    (c) note on line of evidence £309.00 -£618.00
    (d) other notes £231.75
    4. Consultations
    before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion with senior alone or with senior and junior £309.00-£566.50
    5. Pre-trial meetings
    Pre-trial meetings with opponent with a view to settlement of case (to include preparation of minute of pre-trial meeting and any associated joint minute) £669.50
    6. Day in court
    (a) Inner House including appeal under section 163, 164 or 165 of the 2011 Act([2]) £1,545.00
    (b) Outer House £1,390.50
    7. Time engaged in necessary travel
    Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken £103.00
    8. Accommodation and associated subsistence
    Payment of necessary accommodation and associated subsistence per day £103.00

     

    TABLE OF FEES B

    Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland

    PART 1

    JUNIOR COUNSEL

    1. Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland) £283.25
    2. Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland) £231.75
    3. Adjustment of pleadings  
    Adjustment fee (each occasion) £69.53
    4. Specification of documents  
    (a) straightforward cases £46.35
    (b) other cases £113.30
    5. Minutes, etc.  
    (a) formal amendments or answers £46.35
    (b) amendments or answers other than formal £118.45
    (c) drafting, revising and signing tender or acceptance £46.35
    (d) note of exceptions £41.20
    (e) abandonment, sist, restriction, etc. £41.20
    6. Notes  
    (a) note on liability and/or quantum £139.05 -£324.45
    (b) note advising on tender or extra-judicial offer, where not merely confirming advice at consultation £113.30
    (c) note on line of evidence £185.40 -£370.80
    (d) other notes £139.05
    7. Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007([3])  
    (a) petition £283.25
    (b) minute for revocation of permanence order or other minute in the adoption process £231.75
    (c) revising each affidavit £46.35
    (d) hearing to set timetable or determine procedure £46.35
    8. Applications under section 85(1) of the Children (Scotland) Act 1995([4]) or under section 110 of the 2011 Act([5])  
    Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral £231.75
    Written application under section 110 of the 2011 Act for review of grounds of determination £231.75
    9. Motions  
    Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof £46.35
    10. Time engaged in necessary travel  
    Supplementary fee chargeable where necessary travel undertaken £103.00
    11. Accommodation and associated subsistence  
    Payment of necessary accommodation and associated subsistence per day £103.00
      Junior with senior Junior

    alone

    12. Consultations (including joint consultations with opponent with a view to negotiating settlement)    
    Before proof, or otherwise involving a significant degree of preparation or lengthy discussion £185.40 -£278.10 £231.75-£370.80
    13. Child welfare hearing    
    Attendance up to half hour, and for each subsequent half hour or part thereof £41.20 £56.65
    14. Hearings under Part II of Chapter 3 of the Children (Scotland) Act 1995  
    (a) under section 55 to defend an application for a child assessment order £41.20 £56.65
    (b) under section 60(7) for an application to set aside or vary a child protection order £41.20 £56.65
    (c) under section 67 to defend a warrant for further detention of a child £41.20 £56.65
    14A. Applications to the sheriff under the 2011 Act  
    (a) under section 48 to vary or terminate a child protection order £41.20 £56.65
    (b) under section 98 to extend or vary an interim compulsory supervision order £41.20 £56.65
    (c) under section 99 to further extend or vary an interim compulsory supervision order £41.20 £56.65
    (d) under section 166 to review a decision or determination to impose a duty on a local authority £41.20 £56.65
    15. Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day)  
    (a) up to 20 days £643.75 £834.30
    (b) subsequent days £579.38 £750.87
    16. Appeal to the Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) £669.50 £875.50
    17. Any other hearing where no other fee is specified  
    Attendance for up to half hour, and for each subsequent half hour or part thereof £56.65

     

     

    PART 2

    SENIOR COUNSEL

    1. Revisal of pleadings  
    (a) revisal of initial writ, defences, petition or answers £139.05
    (b) adjustment fee (open record) (each occasion) £115.88
    2. Other revisal fees  
    (a) amendments (other than formal) or answers £185.40
    (b) admissions, tender or acceptance (in appropriate cases) £69.53
    3. Notes  
    (a) note on liability and/or quantum £208.58 -£515.00
    (b) advice on tender or extra-judicial offer where not merely confirming advice at consultation £278.10
    (c) note on line of evidence £278.10 -£556.20
    (d) other notes £208.58
    4. Consultations (including joint consultations with opponent with a view to negotiating settlement)  
    Before proof, or otherwise involving a significant degree of preparation or lengthy discussion £278.10 -£515.00
    4A. Applications to the sheriff under the 2011 Act([6])  
    (a) under section 48 to vary or terminate a child protection order £84.98
    (b) under section 98 to extend or vary an interim compulsory supervision order £84.98
    (c) under section 99 to further extend or vary an interim compulsory supervision order £84.98
    (d) under section 166 to review a decision or determination to impose a duty on a local authority £84.98
    5. Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995([7]) and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day)  
    (a) up to 20 days £1,251.45
    (b) subsequent days £1,126.31
    6. Appeal to Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) £1,339.00
    7. Time engaged in necessary travel  
    Supplementary fee chargeable where necessary travel undertaken £103.00
    8. Accommodation and associated subsistence  
    Payment of necessary accommodation and associated subsistence per day £103.00

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

    ([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.

Schedule 5

Table of detailed fees chargeable by solicitors for proceedings in the Court of Session[121], sheriff appeal court and upper tribunal for scotland, proceedings listed at regulation 5(3) and proceedings in the sheriff court listed in schedule 7

Applying to work done or outlays incurred before 26 April 2019

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]

Applying to work done or outlays incurred on or after 26 April 2019:

  • Detailed fees

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

    1. The fee for —
    (a) any time up to the first half hour spent by a solicitor conducting a proof or hearing £38.71
    (b) each quarter hour (or part thereof) subsequent to the first half hour £19.36
    2. The fee for —
    (a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 £14.97
    (b) each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table £7.40
    3. The fee for —
    framing affidavits - per sheet (or part thereof) £12.69
    4. The fee for —
    (a) framing and drawing all necessary papers, other than affidavits or papers of a formal character - per sheet (or part thereof)
    (b) each citation of a party, witness or haver including execution thereof
    (c) instructing messengers-at-arms and sheriff officers, including examining execution and settling fee
    (d) agency accepting service or any writ
    (e) lodging first step of process
    (f) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
    (g) letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below
    (h) perusing any document (other than a letter) consisting of not more than 12 sheets - for the first 2 sheets and each 2 sheets thereafter—
    Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above
    in each of sub-paragraphs (a) to (h) £8.54
    5. The fee for —
    (a) attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
    (b) revising papers drawn by counsel, where ordered or necessary - per 5 sheets (or part thereof)
    (c) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
    (d) certifying or signing a document
    (e) short telephone calls (of up to 4 minutes duration)
    (f) short letters of a formal nature, intimations, and letters confirming telephone calls
    in each of sub-paragraphs (a) to (f) £3.36
    5A. The fee for each quarter of an hour (or part thereof) spent travelling —
    (a) by a solicitor £7.49
    (b) by a solicitor's clerk £3.70
    6. (a) There is no fee for photocopying —
    (i) where fewer than 20 sheets are copied at any one time
    (ii) in relation to the first 20 sheets copied at any one time
    (b) Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is —
    (i) for each sheet copied for up to 10,000 sheets £0.05
    (ii) for each sheet copied in addition to the first 10,000 sheets £0.01

    Calculation of fees for time at court and travelling 

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

    Interpretation

    In this Table –

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

    a "sheet" shall consist of 250 words or numbers;[4]and

    a "page" shall consist of 125 words or numbers;

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) [128]and in the sheriff appeal court

Regulations 5 and 6

 

Chapter I

Sheriff court civil fees (undefended)

NOTE

As substituted by S.S.I. 2007 No.14 (in force from 10 February 2007), and amended by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009.

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[129]. In addition to the fees payable under Part II of this chapter, travel time is payable at £7.49[130] 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).
  1. Travel expenses may be incurred only where travel time is chargeable.
  2. Where it would be more cost effective to travel by public transport the solicitor shall do so.

  • Where no action raised

    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).

     

    1. Travel expenses may be incurred only where travel time is chargeable.
    2. 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
  • Undefended actions – except actions of divorce or separation and aliment

    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).

     

    1. Travel expenses may be incurred only where travel time is chargeable.
    2. 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
      Inclusive Fee in Units
         1. Actions (other than those specified in paragraph 2 of this Part) in which decree is granted without proof–
    Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree.[131] 10
    Note: In cases where settlement is effected after service of a writ but before the expiry of the period of notice. 5
    Additional fee to cover–
    (a)[132] drawing, intimating and lodging any written motion for or minute (including any Motion for an interim Order)or diligence, including the first quarter hour of argument, even if involving appearances on different dates (to include instructing service and implementation); 6
    (b) [133]thereafter, waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour. 1
    To framing all necessary affidavits per sheet (to include notarial fee unless on cause shown the affidavit cannot be notarised within the principal agent’s firm, in which case a fee to the external notary is 1 unit). 1
    Note: Charges levied by notaries outwith the United Kingdom shall be payable according to the circumstances of the case; and
    affidavits in this Part do not include those required to prove a divorce.
    [134]Report Fee – to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either–(i) where the report is commissioned by the solicitor for the assisted person; or

    (ii) where the report is commissioned by order of Court.

    [135]Attendance at Hearing – Paragraph 19 of the Notes on the operation of Chapter II in relation to the calculation of time shall apply in relation to attendance of a hearing under Part II of Chapter I.
         2. Actions of separation and aliment (not being actions to which Part III of this chapter applies) or residence and aliment where proof takes place–
    inclusive fee to cover all work from taking instructions up to and including obtaining extract decree. 20
  • Undefended actions of divorce or separation and aliment

    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).

     

    1. Travel expenses may be incurred only where travel time is chargeable.
    2. 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

Chapter II
Sheriff court civil fees (defended)

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.

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

  1. 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.

  1. 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.

  1. 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.[136]

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.[137] 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.[138] 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.[139] 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.

  1. 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.
  2. 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.
  3. The fees under paragraph 4(b), (c), (d) and (e) are payable only once in any case.
    1. 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.

 

  1. 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.[140] 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. [141] The fee under paragraph 4(k) is payable in respect of each of the circumstances specified in that sub-paragraph.

  1. 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.
  2. The fee under paragraph 5(b) is payable only in respect of a debate in law.

 

17.[142]

  1. Notwithstanding paragraph 5(e), the taking of an appeal to the [143]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.
  2. [144]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.

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

21.[145] In addition to the fees payable under this chapter, travel time is payable at £7.49[146] 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)[147]the solicitor’s attendance is necessary for the advancement of the case;

(c)[148]the distance travelled is at least 10 miles in each direction from the solicitor’s normal place of work;

(d)[149]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).

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

24.[150] Unless otherwise prescribed no fee is allowable unless the work for which the fee is payable has been completed in its entirety.

  • Defended actions

    Chapter 2 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
    Notes on the operation of chapter II

    Fee payable Units
    1. Instruction Fee-
    (a)[152]  To cover all work from the taking of instructions to the conclusion of proceedings where no fee is payable under paragraph (b). 10
    (b) [153]  To cover all work from the taking of instructions to–(i)   commence proceedings until the lodging of a Notice of Intention to Defend or the first appearance of the defender; or

    (ii)   to defend proceedings until the date appointed for the lodging of defences, the making of an order dispensing with written defences, the first appearance of the defender or the issue of the usual procedural timetable (except as specifically provided below).

    20
    (c)   Counterclaim – Additional fee where a counterclaim is lodged. 4
    (d)   Transfer of Agency – receiving instructions after a transfer of agency, where defences have, or should already have been, lodged, to include familiarising the incoming agent with the file. 8
    2. Progress Fees-
    (a) [154]
    (i)   To cover all additional work (including adjustment and attendance at Options Hearing) from the conclusion of the work in Paragraph 1 until the allowance of a Proof or Debate or other court hearing fixed for the purpose of settlement (except as specifically provided below); 19
    (ii)   To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents and resulting, prior to the allowance of a Proof, Debate, or other court hearing fixed for the purpose of settlement, in the negotiated settlement of the action (except as specifically provided below); or 19
    (iii)   To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents where, prior to the allowance of a Proof or Debate, or other court hearing fixed for the purpose of settlement, an outcome or disposal is effected (subject to a maximum charge of 10 units) (except as specifically provided below); 10

     

     

    (b)[155]  Fee to cover all work for the preparation and attendance at any Continued Options Hearing including the preparation of an amended Record. 2
    3. Motions and Minutes etc.-
    (a)   Fee to cover drawing, intimating, lodging, receiving and opposing (if so advised) any reponing note or written motion or minute (including Motions for interim orders) for any party-
    (i)   where opposed or unopposed and involving a hearing before the Sheriff, to include the first quarter hour of argument, even if involving appearances on different dates 6
    (ii)   where unopposed and not involving a hearing 2
    (iii)   thereafter attendance fee per quarter hour, including any continuation of the diet ordered by the Sheriff to allow a minute of amendment to be received and answered 1
    (b)   Fee to cover drawing, or receiving Minute of Amendment, in addition to motion fee, if appropriate –
    (i)   where assisted person is party bringing amendment and no answers lodged; 4
    (ii)   where amendment is sought by another party and no answers lodged by assisted person; 2
    (iii)   where answered, to include adjustment as required, for any party. 6
    (c)   Specification of Documents, in addition to motion fee, if appropriate –
    (i)   fee to cover drawing, intimating and lodging Specification 4
    (ii)   fee to opposing solicitor. 2
    4. Miscellaneous Fees
    (a)   Affidavits – to framing all necessary affidavits, per sheet. 1
    (b)   Contact Arrangements – fee arranging or attempting to arrange interim contact arrangements where appropriate. 6
    (c)   Notice to Admit – preparing and serving/receiving a Notice to admit and serving a counter notice if required. 4
    (d)   Joint Minute of Admissions – preparing and/or considering and executing a joint minute of admissions with a view to avoiding unnecessary evidence or disposing of some (but not all) craves. 4
    (e)   Settlement conference/negotiation – participating in a settlement conference or negotiation after the allowance of a proof or debate where the solicitor making the claim is authorised in advance by the client to participate, per quarter hour (subject to a maximum charge of 8 units). 1
    (f)   Extra Judicial Settlement – fee to cover work to formalise settlement. 8
    (g)   Minute of Agreement – to drawing/revising Minute of Agreement necessary to accomplish or record overall settlement per sheet (subject to a maximum charge of 8 units). 1
    (h)   Report Fee – to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either-
    (i)   where the report is commissioned by the solicitor for the assisted person; or 4
    (ii)   the report is commissioned by order of Court.
    (i)[156]    Additional Procedure – additional fee where Additional Procedure invoked in terms of Chapter 10 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (to include attendance at any procedural hearing(s). 4
    (j)   Additional fee where the action involves a third party minuter at any stage. 4
    (k)[157]   Additional fee where the action involves–(i)   a complex financial dispute leading to protracted negotiations;

    (ii)   a complex pension sharing arrangement; or

    (iii)   a contentious contact dispute.

    4
    (l)[158]  Peremptory diet – fee to cover all work in connection with a peremptory diet (excluding attendance at court). 3
    5. Preparation
    (a)[159]  Preparation for proof or evidential child welfare hearing
    (i)   If action settled or abandoned not later than 14 days before the diet of proof or evidential child welfare hearing. 18
    (ii)   Where the action settles within 14 days of, or on the day of, or after the diet of proof or evidential child welfare hearing but without evidence being lead. 24
    (iii)   In any other case where evidence is led (to include settling with witnesses and enquiring for cause at avizandum (if required). 36
    (aa)[160] Preparation for Child Welfare Hearing
    (i)   Fee to cover all work preparing for first hearing. 6
    (ii)   Fee to cover all work preparing for each subsequent hearing. 3
    (b)    Preparation for Debate– Fee to cover all work in connection with preparing for any debate, where such debate takes place prior to proof or Proof Before Answer. 8
    (c)[161]
    (d)   Commission to Take Evidence – Fee to cover all work preparing for the taking of evidence or executing specification on open commission or proceeding as provided in (iii) below-
    (i)   For solicitor arranging commission. 8
    (ii)   For opposing solicitor. 4
    (iii)   If optional procedure adopted-fee for each person on whom specification is served. 1
    (iv)   Fee for perusing documents recovered-per quarter hour. 1
    (e)   Preparing for Appeal – Fee to cover all work preparing for an appeal to the [162]Sheriff Appeal Court (to include marking appeal or noting marking of appeal). 12
    6.[163] Conduct & Waiting
    To waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour.

    Note:

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

     

Chapter III

Circumstances in which the Board may allow a fee additional to the fees prescribed in Chapter II

  1. [164]That the assisted person’s inadequate knowledge of English–

(a)required instructions to be taken through an interpreter; or

(b)significantly increased the duration of meetings necessary to take instructions

  1. [165]That although able to attend at the solicitor’s office the assisted person suffered throughout or for a significant period of the case from–

(a)a severe substance abuse problem; or

(b)a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003(5).

  1. That the assisted person suffered from a physical disability which necessitated a significantly lengthier process than would normally have been encountered in the taking and obtaining of instructions.
  2. That the assisted person was, for a significant period in relation to the overall duration of the case, unable to attend at the solicitor’s office by reason of disability, illness or imprisonment.
  3. That the nature or circumstances of the case necessitated significant attendance to its progress outwith normal office hours.

5A.[166] That the assisted person or any other witness in the case is a vulnerable witness in terms of section 11 of the Vulnerable Witnesses (Scotland) Act 2004 and this has necessitated significant additional work in seeking, or opposing, or implementing a special measure for the taking of evidence from a vulnerable witness by virtue of sections 11, 12, 13 and 18(1)(a) and/or (b) of that Act.

  1. That the law in relation to the matter at issue was particularly complex and involved an area of law with which a solicitor engaged in general court practice would be unlikely to be familiar.

7.[167] That the case raised unusually complex issues of fact, including detailed consideration of extensive documentary evidence.

Note on the application of chapter III

(a)[168]Except where an uplift is granted under paragraph 5, 6 or 7 above, the element of the solicitor’s fee subject to an uplift will exclude any amount charged in relation to time spent waiting or appearing at, court.

(b)Only 1 of paragraphs 2, 3 and 4 may be claimed in any case.

(c)[169]An uplift may not be granted under paragraph 7 above where a fee under paragraph 4(k) of the table of fees in Chapter II of Schedule 6 is claimed.

[170]The solicitor of an assisted person, who is a vulnerable witness, may not claim in respect of the assisted person the additional fee under paragraphs 2, 3 or 4, if there is a claim under paragraph 5A in respect of the assisted person as a vulnerable witness.

Schedule 7

 

Sheriff court proceedings for which fees for work done shall only be payable under schedule 5

Regulation 5

Adoptions;

conveyancing work required to implement an Order of the Court;

[171]division and sale of heritable property;

[172]exceptional cases

fatal accident inquiries;

minute procedure in a closed process;

[173]proceedings arising out of Part II of the Children (Scotland) Act 1995;

[174]proceedings under the 2011 Act, other than those subject to regulation 3(7) of these Regulations.

[175]proceedings arising under the Mortgage Rights (Scotland) Act 2001;

proceedings where the assisted person is a curator ad litem;

proceedings where the assisted person is a third party minuter;

work carried out under Regulation 18 of the Civil Legal Aid (Scotland) Regulations 2002 in a case which does not proceed to a grant of civil legal aid;

[176]work in connection with a motion for modification of expenses of the assisted person, drafting and submitting an account of expenses, or disputing (on receipt) an opponent’s account of expenses, including attendance at taxation and taking/opposing Notes of Objections, including taxations instructed by the Board;

[177]work in connection with letters of inhibition;

[178]work in connection with the registration and enforcement of a decree;

summary applications; and

[179]proceedings in an all-Scotland sheriff court within the meaning of section 42(7) of the Courts Reform (Scotland) Act 2014

 

[180]Interpretation

1.—(1) For the purposes of this Schedule an “exceptional case” means any case certified as such by the Board on the application of the solicitor involved.

(2) The solicitor involved may apply to the Board not later than 4 months after the conclusion of a case to have it certified as an exceptional case.

(3) The Board will certify a case as exceptional only if satisfied that –

(a)the other party, or as the case may be at least one of the other parties, was a party litigant;

(b)there were concurrent proceedings before a children’s hearing;

(c)the solicitor involved had to apply for a transfer of agency after the fixing of a diet of proof, debate or any other hearing fixed for the purposes of settlement; or

(d)payment in accordance with [181]Schedule 2A or Schedule 6 would not provide reasonable remuneration for the work actually, necessarily and reasonably done because the case involved–

(i)unusual court procedure for which a fee is not otherwise prescribed; or

(ii)a significantly greater volume of work than is usual for a case of that type.

Footnotes

[1] The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2004 [S.S.I. 2004 No.281] (in force from 1 July 2004) apply the amendments contained in the Civil Legal Aid (Scotland) (Fees) Regulations 2003 [S.S.I. 2003 No.178] to ‘legal aid other than criminal legal aid’ effectively restating the regulations for civil and applying them, of new, to legal aid under Section 29 of the Act (Children’s Legal Aid).

[2] As amended by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date) to the extent of the insertion of “otherwise” in the introduction to paragraph (1).

[3] Inserted by S.S.I. No 144 (with effect from 24 June 2013)

[4] Reference to restrictive practices court removed by S.S.I. 2002 No. 496 (in force from 1 December 2002).  Reference to House of Lords removed by S.S.I. 312 (in force from 1 October 2009).

[5] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[6] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[7] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016).

[8] Substituted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[9] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007).  Substituted by S.S.I. 312 (in force from 1 October 2009).

[10] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[11] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[12] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).  Reference to Supreme Court substituted for reference to House of Lords and the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).

[13] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[14] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016).

[15] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[16] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[17] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)

[18] Regulation 3(2) was substituted, and Regulations 3(3), (4) and (5) inserted by S.S.I. 2002 No. 496 (in force from 1 December 2002) and provides a regulatory framework, for the first time, to what was known as the “extra statutory concession”.

[19] Substituted by S.S.I. 2013 No 144 (with effect from 24 June 2013) – additional paragraph inserted as “7” overleaf

[20] Regulation 3(2) was substituted, and Regulations 3(3), (4) and (5) inserted by S.S.I. 2002 No. 496 (in force from 1 December 2002) and provides a regulatory framework, for the first time, to what was known as the “extra statutory concession”.

[21] Substituted by S.S.I. 2011 No. 160 (in force from 1 April 2011) and applying only to proceedings in which fees and outlays have been recovered on or after 1 April 2011.

[22] Substituted by S.S.I. 2011 No. 160 (in force from 1 April 2011) making new arrangements whereby counsel can, independently from the instructing solicitor, opt to accept judicial expenses subject to certain criteria, again applying only to proceedings where fees and outlays are recovered on or after 1 April 2011.

[23] Regulation 3(2) was substituted, and Regulations 3(3), (4) and (5) inserted by S.S.I. 2002 No. 496 (in force from 1 December 2002) and provides a regulatory framework, for the first time, to what was known as the “extra statutory concession”.

[24] Amended by S.S.I. 2011 No. 160 (in force from 1 April 2011 and applying only to proceedings in which fees and outlays have been recovered on or after 1 April 2011) .

[25] Inserted by S.S.I. 2011 No. 160 (as above).

[26] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)

[27] As amended by S.S.I. 2003 No. 178 (in force from 1 October 2003) by substituting “… actually, necessarily and reasonably…” for the previous reference to “reasonable”.  This brings the taxation standard more closely in line with that in advice and assistance and criminal legal aid.  It applies to all work done and outlays incurred after 1 October 2003 even where civil legal aid was granted before this date.

[28] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[29] As amended by S.S.I. 2003 No. 178 (in force from 1 October 2003) which provides for Court of Session fees to be calculated under the new Schedule 5 rather than Schedule 1 or 3.  All Court of Session cases shall now be subject to an account drawn on a detailed basis.

[30] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[31] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[32] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[33] As substituted by S.S.I. 2003 No.178 (in force from 1 October 2003).  The various sub-paragraphs now make specific provision for the basis on which accounts shall be lodged depending on the nature of the proceedings.  Some procedures continue to be chargeable under Schedule 3.  A value is ascribed to the unit.  The fee for all work carried out in a case which is at any stage defended shall be calculated on the defended table:  a solicitor cannot lodge a defended and undefended account in the same case.  Provision is made for the Board, at its discretion, to allow a fee additional to those prescribed in Chapter II of Schedule 6 removing this discretion from the court.  Detailed fees are no longer subject to an uplift.

[34] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)

[35] Omitted by S.S.I. 2016 No. 290 (in force from 28 November 2016)

[36] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)

[37] Substituted by S.S.I. 2016 No. 317 (in force from 28 November 2016)

[38] As amended by S.S.I 2019 No.78 (only applying to fees for work done or outlays incurred on or after 26 April 2019) by substituting “£21.63” for “£21.00”. This figure was previously amended by S.S.I. 2009 No.203 (in force from 22 June 2009) by substituting “£21” for “£19” (only applying to fees for work done or outlays incurred on or after 1 April 2008).

[39] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[40] Reference to “proceedings under the Children (Scotland) Act 1995” deleted by S.S.I. No. 281 (in force from 1 July 2004).

[41] As amended by S.I. 1999 No. 1042 (in force from 6 May 1999) to the extent of inserting “Judicial Committee of the Privy Council under paragraph 10, 12 or 13(b) of Schedule 6 to the Scotland Act 1998”.  Reference to Supreme Court substituted for reference to Judicial Committee of the Privy Council, and reference to House of Lords deleted, by S.S.I. 312 (in force from 1 October 2009).

[42] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)

[43] ”Child Support Commissioners” deleted, and “Upper Tribunal” substituted  by S.S.I. 2010 No. 166 (in force from 9 June 2010).

[44] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003) to the extent of substituting “Schedule 5” for “Schedule 3”.

[45] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[46] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003) to the extent of substituting “Schedule 5” for “Schedules 1 or 3”; and by adding the words “and not exceeding 50% of those fees”.

[47] As amended by S.S.I. 2003 No. 178 (in force from 1 October 2003) to the extent of omitting the words “in a cause on the Ordinary Roll, not exceeding 50% and…”.   The effect of this is to remove the discretion of the court in considering a percentage increase in fees in a civil legal aid case other than on the Summary Cause Roll.

[48] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[49] The words “the Auditor” deleted, and “the Board, or as the case may be the Auditor,” inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009) and only applying in relation to any case concluded on or after 22nd June 2009.

[50] Sub-paragraph (g) inserted, and in effect original sub-paragraph (g) re-numbered (h), by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) all work in respect of which legal aid is made available was done on or after 5 May 1994 and (b) the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994).

[51] Sub-paragraph (g) inserted, and in effect original sub-paragraph (g) re-numbered (h), by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) all work in respect of which legal aid is made available was done on or after 5 May 1994 and (b) the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994).

[52] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003) by substituting “Schedules 1, 2 or 6” for “Schedules 1 or 2”.

[53] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003)” to the extent of substituting “Schedule 5 or 6” for “Schedule 3”.

[54] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016).

[55] Substituted by S.S.I 2011. No. 160 (in force from 1 April 2011.and applying only to proceedings in which the date of completion of the proceedings is on or after 1 April 2011).  The new provisions reduce the period for a solicitor to lodge an account with the Board from 6 months to 4 months and, for the first time, extends a time limit to the lodging of counsel’s fees.  A discretion remains to be exercised by the Board in both instances.

[56] Substituted by S.S.I. 2011 No. 160 (in force from 1 April 2011) but only in relation to work done and outlays incurred on or after 1 April 2011).  This provision removes the former basis or standard of taxation bringing it into line with the civil standard for solicitors.

[57] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[58] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[59] Inserted by S.S.I. 2011 No. 160 (in force from 1 April 2011) but only in relation to work done and outlays incurred on or after 1 April 2011.  For the first time, counsel shall be remunerated in the sheriff court by reference to a prescribed Table of Fees.

[60]Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[61] As amended by S.I. 1999 No. 1042 (in force from 6 May 1999) to the extent of inserting “Judicial Committee of the Privy Council”.  Reference to Supreme Court substituted for reference to House of Lords and the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).

[62] As amended by S.S.I. 2011 No. 160 (in force from 1 April 2011) removing reference to the sheriff court.

[63] “Child Support Commissioners deleted, and “Upper Tribunal” substituted, by S.S.I. 2010 No. 166 (in force from 9 June 2010).

[64] Inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).  Reference to Supreme Court substituted for reference to House of Lords or the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).

[65] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)

[66] Inserted by S.I. 1990 No. 473 (in force from 1 April 1990) and as amended by S.I. 1991 No. 565 (in force from 1 April 1991) to the extent of the insertion of “thereon” at the end of the paragraph.

[67] Substituted by S.S.I. 2011 No.160 (in force from 1 April 2011) and, insofar as relating to payments to counsel, these more relaxed provisions apply only in relation to fees for work carried out after 1 April 2011 .

[68] Substituted by S.S.I. 2011 No.160 (in force from 1 April 2011)

[69] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)

[70] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[71] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[72] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007).  Reference to Supreme Court substituted for reference to the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).

[73] Substituted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 1st April 2008).

[74] Inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 1st April 2008).

[75] As substituted by S.I. 1995 No. 1044 (in force from 5 May 1995 and applying only to fees for work done on or after 5 May 1995 in relation to any case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994); and as amended by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).

In relation to any such case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994, reference should be made to S.I. 1994 No. 1015 for fees for work done on or after 5 May 1994.

[76] Omitted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[77] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)

[78] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[79] Substituted by S.S.I. 2016 No. 317 (in force from 28 November 2016)

[80] Substituted by S.S.I. 2016 No. 317 (in force from 28 November 2016)

[81] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[82] Inserted by S.S.I. 2016 No. 317 (in force from 28 November 2016)

[83] As substituted by S.I. 1995 No.  1044 (in force from 5 May 1995 and applying only to fees for work done on or after 5 May 1995);  and as amended by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).

Reference should be made to S.I. 1992 No. 372 for fees for work done on or after 1 April 1992; S.I. 1991 No. 565 for fees for work done on or after 1 April 1991;  S.I. 1990 No. 1036 for fees for work done on or after 1 June 1990;  and to S.I. 1989 No. 1490 for fees for work done on or after 31 August 1989.

[84] Inserted by S.S.I. 2011 No. 41 (in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)

[85] As substituted by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).

[86] Amended by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[87] As substituted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[88] As substituted by S.I. 1995 No. 1044 and applying only to fees for work done on or after 5 May 1995.

Reference should be made to S.I. 1992 No. 372 for fees for work done on or after 1 April 1992; S.I. 1991 No. 565 for fees for work done on or after 1 April 1991;  S.I. 1990 No. 473 for fees for work done on or after 1 April 1990;  and to S.I. 1989 No. 1490 for fees for work done on or after 31 August 1989.

[89] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[90] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[91] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[92] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[93] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[94] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[95] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[96] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[97] In terms of regulation 2(5) of S.S.I. 2015 No. 337 the amendments made to Chapter 3 above do not apply in the case of petitions for judicial review lodged before 22 September 2015

[98] Substituted by S.S.I. 2015 No. 337 (with effect from 22 September 2015)

[99] Substituted by S.S.I. 2015 No. 337 (with effect from 22 September 2015)

[100] Inserted by S.S.I. 2015 No. 337 (with effect from 22 September 2015)

[101] Inserted by S.S.I. No 144 (with effect from 24 June 2013

[102] Inserted by S.S.I. No 144 (with effect from 24 June 2013

[103] Amended by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[104] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[105] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[106] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[107] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)

[108] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)

[109] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)

[110] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[111] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[112] Substituted by S.S.I. No. 380 (in force from 1 January 2016)

[113] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[114] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[115] Inserted by S.S.I. No. 337 (with effect from 22 September 2015)

[116] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[117] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[118] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[119] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[120] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[121] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[122] Inserted by S.S.I. 2011 No. 41 (in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)

[123] Substituted by S.S.I. 2013 No. 250 (in force from 31 October 2013)

[124] Inserted by S.S.I. 2014  No. 257 (in force from 10 November 2014)

[125] Inserted by S.S.I. 2013 No. 250 (in force from 31 October 2013)

[126] Inserted by S.S.I. 2013 No. 250 (in force from 31 October 2013)

[127] Deleted by S.S.I. 2013 No. 250 (in force from 31 October 2013)

[128] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[129] Inserted by S.S.I. 2011 No. 41 (in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)

[130] As amended by S.S.I 2019 No.78 (only applying to fees for work done or outlays incurred on or after 26 April 2019) by substituting “£7.49” for “£7.27”. All fees increased by 3% from this date.

[131] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[132] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[133] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[134] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[135] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[136] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[137] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[138] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007)

[139] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007)

[140] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[141] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[142] Deleted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[143] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[144] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).  Rule 19, in its original form states: “The fee under paragraph 6 is payable on the total time engaged, even if on different occasions and is payable cumulatively between waiting and conduct time. The actual time over the proceedings incurred in waiting and conduct of hearings shall be added together and rounded up to the nearest 15 minutes.”  This continues to have effect in relation to the waiting for and attending at the conduct of any hearing referred to in paragraphs 5(a) to (e) of the table of fees where the hearing was held before 10 February 2007.

[145] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[146] As amended by S.S.I 2019 No.78 (only applying to fees for work done or outlays incurred on or after 26 April 2019) by substituting “£7.49” for “£7.27”. All fees increased by 3% from this date. Provision originally inserted by S.S.I. 2011 No. 41 (“Solicitors’ Travel Fees” in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)

[147] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[148] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[149] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[150] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).  Rule 19, in its original form states: “The fee under paragraph 6 is payable on the total time engaged, even if on different occasions and is payable cumulatively between waiting and conduct time. The actual time over the proceedings incurred in waiting and conduct of hearings shall be added together and rounded up to the nearest 15 minutes.”  This continues to have effect in relation to the waiting for and attending at the conduct of any hering referred to in paragraphs 5(a) to (e) of the table of fees where the hearing was held before 10 February 2007.

[151] As substituted by S.I. 1995 No. 1044 (in force from 5 May 1995 and applying only to fees for work done on or after 5 May 1995 in relation to any case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994); and as amended by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).

In relation to any such case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994, reference should be made to S.I. 1994 No. 1015 for fees for work done on or after 5 May 1994.

[152] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[153] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[154] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[155] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[156] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[157] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[158] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[159] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[160] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[161] Deleted by S.S.I. 2007 No. 14 (in force from 10 February 2007).  Paragraph 5(c) originally read

(c)   Preparation for Child Welfare Hearing – Fee to cover all work preparing for Child Welfare Hearing. 4

[162] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[163] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[164] Substituted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009)

[165] Substituted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009)

[166] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[167] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[168] Amended by S.S.I. 2007 No. 438 (in force from 1 November 2007) and further amended, to the extent of adding a reference to paragraph 7, by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009).

[169] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007) and amended by S.S.I. 2007 No. 438 (in force from 1 November 2007)..

[170] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[171] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[172] Inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and only applying in relation to any case concluded on or after 22 June 2009)

[173] Inserted by S.S.I. 2004 No. 281 (in force from 1 July 2004)

[174] Inserted by S.S.I. 2013 No 144 (in force from 24 June 2013)

[175] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[176] Amended by S.S.I. 2007 No. 14 (in force from 10 February 2007), adding reference to work in connection with modification of expenses of the assisted person.

[177] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[178] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[179] Inserted by S.S.I. 2015 No. 337 (in force from 22 September 2015)

[180] Inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and only applying in relation to any case concluded on or after 22 June 2009)

[181] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)