Schedule 6 – Chapter III: Circumstances where the Board may allow a fee additional to the fees prescribed in Chapter III

1.   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

2.   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

3.   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.

4.   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.

5.   That the nature or circumstances of the case necessitated significant attendance to its progress outwith normal office hours.

5A.   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.

6.   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.   That the case raised unusually complex issues of fact, including detailed consideration of extensive documentary evidence.

   Note on the application of Chapter III

(a)   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)   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.

(d)   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.