Schedule 7 – Sheriff Court proceedings for which fees for work done shall only be payable under Schedule 5

Regulation 5


conveyancing work required to implement an Order of the Court;

division and sale of heritable property;

exceptional cases

fatal accident inquiries;

minute procedure in a closed process;

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

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

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;

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;

work in connection with letters of inhibition;

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

summary applications;

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

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

proceedings under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, other than those subject to regulation 3(7) of these Regulations.


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 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.