https://www.slab.org.uk/solicitors/legal-assistance-fees/
https://www.slab.org.uk/solicitors/legal-assistance-fees/
Please note: The fees shown are for current rates only unless labelled as showing both pre and post 26 April 2019 fees.
Part 2 of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
The fees allowable to a solicitor shall be calculated for criminal matters and for civil matters and for children's matters arising out of Part II of the Children (Scotland) Act 1995 or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:
| Criminal | Civil | Children | |||||
| A. | Time occupied in carrying out work for the client other than work described in paragraphs B to E below. | ||||||
| (i) | Solicitor – per quarter hour (or part thereof) | £11.95 | £13.14 | £13.14 | |||
| (ii) | Solicitor’s clerk – per quarter hour (or part thereof) | £5.95 | £6.55 | £6.55 | |||
| B. | For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof) | £2.72 | £2.99 | £2.99 | |||
| C. | For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration) | £6.80 | £7.47 | £7.47 | |||
| D. | For taking and drawing precognitions – for the first sheet of 250 words or less | £23.85 | £26.27 | £26.27 | |||
| for each subsequent sheet of 250 words | £23.85 | £26.27 | £26.27 | ||||
| for each subsequent sheet of less than 250 words | £11.95 | £13.14 | £13.14 | ||||
| DA. | The fee for each quarter of an hour (or part thereof) spent travelling— | ||||||
| (a) | by a solicitor | £5.98 | £6.58 | £6.58 | |||
| (b) | by a solicitor’s clerk | £2.98 | £3.28 | £3.28 | |||
| E. | (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 the matter is— | ||||||
| (i) | 5 pence for each sheet copied for up to 10,000 sheets; and | ||||||
| (ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. | ||||||
Interpretation
In this Table –
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
Part I of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-
| Criminal | Civil | Children’s | |||
| (b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B to the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999([1])— | |||||
| 1. The fee for— | |||||
| (i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £28.23 | £34.15 | £34.15 | |
| (ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £14.12 | £17.10 | £17.10 | |
| 2. The fee for— | |||||
| (i) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 of this table, provided that any time is additional to the total time charged for under paragraph 1; | £10.87 | £13.14 | £13.14 | |
| (ii) | for each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 5 of this table. | £5.41 | £6.55 | £6.55 | |
| 3. The fee for— | £6.18 | £7.47 | £7.47 | ||
| (i) | each citation of a witness including execution thereof; | ||||
| (ii) | framing and drawing precognitions and other necessary papers, subject to paragraph 4(iii) below - per sheet (or part thereof); | ||||
| (iii) | instructing messengers-at-arms and sheriff officers, including examining execution and settling fee; | ||||
| (iv) | lengthy telephone calls (of over 4 and up to 10 minutes duration); and | ||||
| (v) | letters, including instructions to counsel, subject to paragraph 4(ii) below – per page (or part thereof). | ||||
| 4. The fee for— | £2.48 | £2.99 | £2.99 | ||
| (i) | attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged; | ||||
| (ii) | short letters of a formal nature, intimations and letters confirming telephone calls; | ||||
| (iii) | framing formal papers, including inventories and title pages - per sheet (or part thereof); | ||||
| (iv) | revising papers drawn by counsel or where revisal ordered by court – per 5 sheets (or part thereof); and | ||||
| (v) | short telephone calls (of up to 4 minutes duration). | ||||
| 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | |||||
| (a) | by a solicitor | £5.44 | £6.58 | £6.58 | |
| (b) | by a solicitor’s clerk | £2.71 | £3.28 | £3.28 | |
| 5. | |||||
| (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 the matter in relation to which assistance by way of representation was given is— | ||||
| (i) | 5 pence for each sheet copied for up to 10,000 sheets; and | ||||
| (ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. | ||||
([1]) Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999
Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
In this table –
a “sheet” shall consist of 250 words or numbers;
a “page” shall consist of 125 words or numbers.
Petition by debtor for sequestration
The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be –
(a) £34.15 for any time spent by a solicitor appearing in court in connection with the petition; and
(b) £56.09 for all other work in connection with the petition.
Part 4 of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
1.(a) Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client—
(i) voluntarily attends for interview,
(ii) is in custody,
(iii) voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody.
(b) Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody.
(c) (i) Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during an unsocial time.
(ii) Where a fee under paragraph 5 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time.
2. In this part—
“unsocial time” means-
(a) a Saturday, Sunday or specified holiday;
(b) any time between 1900 hours and 0700 hours on any other day;
“constable” means-
(a) a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;
(b) a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;
(c) a person appointed under section 55(1) of the Energy Act 2004;
(d) a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;
(e) a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
(f) a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;
(g) a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005;
“mental disorder” has the meaning given in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
“specified holiday” means:
(a) New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;
(b) 2nd January or
(i) if it is a Saturday, 4th January;
(ii) if it is Sunday, 4th January;
(c) Good Friday;
(d) Easter Monday;
(e) the first Monday in May;
(f) 30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;
(g) Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;
(h) 26th December or
(i) if it is a Saturday, 28th December;
(ii) if it is a Sunday, 28th December.
Table of fees allowed to solicitors for advice and assistance in relation to Sections 32 and 44 of the Criminal Justice (Scotland) Act 2016
| Standard Rate where work is completed before 26 April 2019 | Higher Rate where work is completed before 26 April 2019 | Standard Rate where work is completed on or after 26 April 2019 | Higher Rate where work is completed on or after 26 April 2019 | ||
|---|---|---|---|---|---|
| 3. | Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44. | £75.00 | £99.75 | £77.25 | £102.75 |
| 4. | Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)— | ||||
| (a) | aggregate time engaged or waiting is 2 hours or less; or | £115.00 | £152.95 | £118.45 | £157.54 |
| (b) | (i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and | £200.00 | £266.00 | £206.00 | £273.98 |
| (ii) for each additional hour over 4 hours (or part thereof). | £50.00 | £66.50 | £51.50 | £68.50 | |
| 5. | Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3. | £30.00 | £39.90 | £30.90 | £41.10 |
| 6. | Fee for travelling time in relation to personal attendance - | ||||
| (a) | travel time engaged is 2 hours or less per half hour (or part thereof); and. | £11.60 | £15.43 | £11.95 | £15.90 |
| (b) | travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof). | £11.60 | £15.43 | £11.95 | £15.90 |
Part 3 of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
| A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016([1]). | ||
| 1. | Section 19 - Application for review of conditions of investigative liberation | |
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. | £51.50 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £77.25 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £51.50 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £5.98 |
| 2. | Section 30 - Application for review of undertaking conditions | |
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. | £51.50 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £77.25 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £51.50 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £5.98 |
| 3. | Section 36(1)(a) – Application for authorisation for questioning by a prosecutor | |
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. | £51.50 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £77.25 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £51.50 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £5.98 |
When you act as a duty solicitor representing a client [section 22(1)(a) of the legal Aid (Scotland) Act 1986], you are entitled to the following fees [regulation 5 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].
For attending an identification parade – under paragraph 2:
For attending an identification parade where paragraph (2) does not apply:
Where attendance at an identification parade is required on more than one occasion, each occasion is a separate identification parade.
A “solicitor” means the duty solicitor or, where criminal legal aid may be provided by a solicitor other than the duty solicitor, the nominated solicitor.
As a duty solicitor representing an accused person in the sheriff or JP court, you are entitled to the following fees [regulation 6 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (as amended)].
£72.10 for work done for each client appearing from custody or on an undertaking for which a plea of guilty is tendered.
A sessional fee of £64.89 for the first case and £9.27 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £140 for the session until its termination on completion of business for the day or on adjournment by the court, whichever is the earlier.
A sessional fee of £64.89 for the first case and £9.27 for each additional case where a plea of not guilty is tendered. Subject to a maximum total fee of £93 for each such other session. Provided that the fee shall cover the appearance in court of the duty solicitor on behalf of the client as well as any interviews with the client or others.
“Session” has a particular meaning in the context of the criminal fees regulations, as a block of work carried out at any given time terminating only on completion of business for the day or on an adjournment by the court.
It is not open to you to unilaterally declare a new session simply because of the number of clients seen in relation to the per capita fees. You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.
If as the duty solicitor you are required to appear again after a plea of guilty or numerous adjournments from the court, an additional fee shall be payable for:
Such follow up fees do not cover the full range of fees that may otherwise be paid under criminal legal aid. This additional fee should not exceed £150. This duty follow-up limit includes the initial £72.10 payment in respect of the initial guilty plea.
The enhanced guilty plea payment is discounted from the follow-up cap. However, we have the discretion to increase the cap in exceptional cases. You should contact the Criminal Applications Department for prior authorisation.
You are also allowed an additional fee as the court duty solicitor making:
The amount of such additional fee should not exceed £150. We have a discretion to lift this cap in appropriate cases.
There is still provision for payment to be made to the court duty solicitor where you see a client in custody but prior to any court appearance the client:
The court duty solicitor can charge the per capita fee of £9.27, as appropriate.
The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.
Schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
View notes on the operation of Schedule 1.
| Part 1 – Detailed fees | Summary Procedure | Solemn Procedure | |||||
| 1. | In connection with the conduct of a hearing— | ||||||
| (a) | in summary proceedings, the fee for— | ||||||
| (i) | any time up to the first half hour spent by a solicitor conducting the hearing | £28.23 | |||||
| (ii) | each quarter hour spent, subsequent to the first half hour, conducting the hearing | £14.12 | |||||
| (b) | in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing | £18.85 | |||||
| 2. | The fee for any of the following:— | £6.18 | £7.16 | ||||
| (a) | each citation of a witness, including execution; | ||||||
| (b) | framing and drawing necessary papers other than those referred to in paragraph 3(c); | ||||||
| (c) | instructing messengers at arms and sheriff officers, including examining execution and settling fee; | ||||||
| (d) | lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii); and | ||||||
| (e) | letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b). | ||||||
| 3. | The fee for any of the following:— | £2.48 | £2.84 | ||||
| (a) | attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged; | ||||||
| (b) | short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls; | ||||||
| (c) | framing formal papers, including inventories and title pages, per sheet (or part thereof); | ||||||
| (d) | revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof); and | ||||||
| (e) | subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call. | ||||||
| 4. | In connection with taking a precognition in relation to solemn proceedings— | ||||||
| (a) | subject to paragraph 7 of the notes on the operation of schedule 1, the fee for each hour (or part thereof) spent— | ||||||
| (i) | travelling | £11.90 | |||||
| (ii) | taking a statement | £11.90 | |||||
| (b) | the fee for— | ||||||
| (i) | framing the precognition, per sheet | £2.48 | |||||
| (ii) | each letter making arrangements for taking a statement | £1.50 | |||||
| (iii) | a telephone call, of any duration | £0.98 | |||||
| 5. | There is no fee for photocopying— | ||||||
| (a) | where fewer than 20 sheets are copied at any one time; | ||||||
| (b) | in relation to the first 20 sheets copied at any one time. | ||||||
| Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is— | |||||||
| (a) | for each sheet copied for up to 10,000 sheets | £0.05 | £0.05 | ||||
| (b) | for each sheet copied in addition to the first 10,000 sheets | £0.01 | £0.01 | ||||
| 5A. | The fee for each quarter of an hour spent travelling— | ||||||
| (a) | by a solicitor | £5.44 | £6.29 | ||||
| (b) | by a solicitor’s clerk | £2.71 | £3.15 | ||||
| 6. | The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs— | ||||||
| (a) | by a solicitor, provided the time is additional to the total time charged for under paragraph 1 | £10.87 | £12.57 | ||||
| (b) | by a solicitor’s clerk | £5.41 | £6.29 | ||||
PART 2
INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS
| PART 2
INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS
|
Column A | Column B | Column C | |||
| 1. | The fee for all the work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where— | |||||
| (a) | at the first examination the client is either— | |||||
| (i) | not committed for further examination; or | |||||
| (ii) | committed for further examination and admitted to bail. | £156.56 | £136.99 | £58.71 | ||
| (b) | at the first examination the client is committed for further examination and not admitted to bail. | £234.84 | £215.27 | £136.99 | ||
| 2. | The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | £58.71 | £58.71 | £58.71 | ||
| 3. | The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case | £450.11 | £313.12 | £156.56 | ||
| 4. | The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations in respect of– | |||||
| (a) | the first day of trial | £410.97 | £293.55 | £156.56 | ||
| (b) | a subsequent day of trial | £156.56 | £117.42 | £39.14 | ||
| 4A. | The fee for preparation for— | |||||
| (a) | a hearing under section 76 of the 1995 Act([1]) (procedure where accused decides to plead guilty); | £39.14 | £39.14 | £39.14 | ||
| (b) | a hearing on a plea in bar of trial; | |||||
| (c) | a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation. | |||||
| 5. | The fee for all work in connection with post conviction discussions, advice and representation, including advising and giving an opinion on the prospects of any appeal. | £182.31 | £182.31 | £104.03 | ||
| 6. | Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:— | £156.56 | £156.56 | £156.56 | ||
| (a) | a devolution issue, in terms of Schedule 6 to the Scotland Act 1998([2]); | |||||
| (ab) | a compatibility issue in terms of section 288ZA([3]) of the 1995 Act; | |||||
| (b) | a vulnerable witness application, in terms of section 271A, B, C or D of the 1995 Act; | |||||
| (c) | a specification of documents; | |||||
| (d) | a precognition on oath; | |||||
| (e) | an evidence on commission; | |||||
| (f) | an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act; | |||||
| (g) | a proof in mitigation; and | |||||
| (h) | an examination of facts. | |||||
([1]) The Criminal Procedure (Scotland) Act 1995 (c.46). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([3]) Section 288ZA was inserted by the Scotland Act 2012 (c.11), section 34(3).
Part 1 of Schedule 1 of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999
| Where professional services are provided in relation to proceedings in the JP Court | Where professional services are provided in relation to proceedings in the sheriff court (other than proceedings in a Court specified in schedule 2) | Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2 | ||||
|---|---|---|---|---|---|---|
| 1. All work up to and including: | £303.85; or | £499.55; | £551.05; or | |||
| (i) | any diet at which a plea of guilty is made and accepted or plea in mitigation is made; | £278.10 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below | £473.80 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below | £525.30 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below | ||
| (ii) | the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies; | |||||
| (iii) | the first 30 minutes of conducting any trial; | |||||
| (iiia) | a first or second diet of deferred sentence; and | |||||
| (iv) | advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, | |||||
| together with any subsequent or additional work other than that specified in paragraphs 2-13 below. | ||||||
| 2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act([1]) or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016([2]). | £151.93 | £249.78 | £249.78 | |||
| 3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act([3]) including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. | £25.75 | £51.50 | £51.50 | |||
| 4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). | £51.50 | £103.00 | £103.00 | |||
| 4A. Conducting an adjourned trial diet, during which no evidence is led, where there was no intention nor anticipation that evidence would be led, the only matter in consideration being the determination of the further procedure of the trial proceedings. | £25.75 | £51.50 | £51.50 | |||
| 4B. Conducting an adjourned trial diet, during which no evidence is led, where there was an intention and an anticipation that the trial would proceed through the continued leading of evidence. | £51.50 | £103.00 | £103.00 | |||
| 5. Conducting a trial or proof in mitigation for the second day. | £51.50 | £206.00 | £206.00 | |||
| 6. Conducting a trial or proof in mitigation for the third and subsequent days (per day). | £103.00 | £412.00 | £412.00 | |||
| 7. Representation in court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, or adjourns such a proof without hearing evidence. | £51.50 | |||||
| 8. Conducting a proof of a victim statement where there has been no trial or proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). | £206.00 | |||||
| 9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). | £206.00 | |||||
| 10. Representation per appearance— | £25.75 | £51.50 | £51.50 | |||
| (a) | in a court which has been designated as a youth court by the sheriff principal; | |||||
| (b) | in a court which has been designated as a domestic abuse court by the sheriff principal; | |||||
| (c) | at a hearing in respect of a community supervision order | |||||
| 10ZA. Representation in a court, per appearance, at a deferred sentence hearing other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence. | £25.75 where the hearing relates to one complaint;
or £38.63 where the hearing relates to more than one complaint |
£51.50 where the hearing relates to one complaint;
or £77.25 where the hearing relates to more than one complaint |
£51.50 where the hearing relates to one complaint;
or £77.25 where the hearing relates to more than one complaint |
|||
| 10AA. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). | £25.75 | £25.75 | £25.75 | |||
| 11. All work done where the accused is in custody and has tendered a plea of not guilty until determination of the application for legal aid. | £25.75 | £25.75 | £25.75 | |||
| 12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. | £25.75 | £25.75 | £25.75 | |||
| 13(a) All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) or (c) below. | £51.50 | £51.50 | £51.50 | |||
| (b) | Representation in such an appeal where counsel not employed. | £30.90 | £30.90 | £30.90 | ||
| (c) | Representation at a continued diet in such an appeal where counsel not employed. | £30.90 | £30.90 | £30.90 | ||
([1]) The Criminal Procedure (Scotland) Act 1995 (c.46). Defined in regulation 2 of the Criminal (Fixed Payments) (Scotland) Regulations 1999/491.
([2]) Criminal Justice (Scotland) 2016 (asp 1).
([3]) The Legal Aid (Scotland) Act 1986 (c.47). Defined in regulation 2 of the Criminal (Fixed Payments) (Scotland) Regulations 1999/491.
| Where professional services are provided in relation to proceedings in the sheriff court | Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2 | ||
|---|---|---|---|
| 1. All work up to and including— | £499.55; or | £499.55; or | |
| £473.80 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1 | £473.80 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1. | ||
| (a) | any diet at which a plea of guilty is made and accepted or a plea in mitigation is made; | ||
| (b) | the first 30 minutes of conducting any trial; | ||
| (c) | a first or second diet of deferred sentence; and | ||
| (d) | advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, | ||
| together with any subsequent or additional work other than that of the kind specified in paragraph 10 to 13 of Part 1 of schedule 1. | |||
| 2. All work mentioned in paragraph 1 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act([1]) or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016([2]). | £249.78 | £249.78 | |
([1]) The Criminal Procedure (Scotland) Act 1995 (c.46). Defined in regulation 2 of the Criminal (Fixed Payments) (Scotland) Regulations 1999/491.
Schedule 1B of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999
PART 1
| Where professional services are provided in relation to proceedings in the JP court | Where professional services are provided in relation to proceedings in the sheriff court | |||
| 1. All work up to and including— | £499.55 | |||
| (a) | any diet at which a plea of guilty is made and accepted or plea in mitigation is made; | |||
| (b) | the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 3 below applies; | |||
| (c) | a first or second diet of deferred sentence; and | |||
| (d) | advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, | |||
| together with any subsequent or additional work other than that specified in paragraphs 8, 8A, 9 and 10 below. | ||||
| 2. All work prior to, and attendance at— | £154.50 | |||
| (a) | any diet at which a plea to the competency or relevancy of the complaint or proceedings, or a plea in bar of trial, is tendered; | |||
| (b) | any diet at which a question within the meaning of Rule 31.1 of the Act of Adjournal (Criminal Procedure Rules) 1996([1]) is raised; | |||
| (c) | any diet from or to which the case has been adjourned under section 145 of the 1995 Act([2]) (including preparation for such a diet where the diet has not subsequently taken place); | |||
| (d) | any diet at which there is tendered a plea of guilty or a plea in mitigation is made; | |||
| (e) | any diet at which the court is considering the accused’s plea of guilty to the charges and where there has been no change of plea; and | |||
| (f) | any diet at which the court is considering the accused’s change to plea of guilty to the charges, and where no application for criminal legal aid has been made, | |||
| together with— | ||||
| (i) | the first 30 minutes of conducting a proof in mitigation; | |||
| (ii) | a first or second diet of deferred sentence; | |||
| (iii) | any subsequent or additional work other than that specified in paragraphs 4 and 8 to 13 below. | |||
| 3. All work mentioned in paragraph 1 or 2 above that is done in connection with a complaint under section 27(1)(b) of the 1995 Act or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016([3]). | £154.50 | £249.78 | ||
| 4. Conducting a proof in mitigation for the first day (after the first 30 minutes). | £51.50 | |||
| 5. Representation in a court at a continued diet following a victim statement having been laid before the court where the court determines sentence or fixes a proof of a victim statement, adjourns such a proof without hearing evidence. | ||||
| 6. Conducting a proof of a victim statement where there has been no proof in mitigation for the first day (after the first 30 minutes), and thereafter for subsequent days (per day). | ||||
| 7. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). | ||||
| 8. Representation, per appearance— | £25.75 | £51.50 | ||
| (a) | in a court which has been designated as a youth court by the sheriff principal; | |||
| (b) | in a court which has been designated as a domestic abuse court by the sheriff principal; | |||
| (c) | at a hearing in respect of a community supervision order. | |||
| 8A. Representation in court, per appearance, at a deferred sentence hearing, other than where a fee is payable by virtue of paragraph 1(c) in respect of a first or second diet of deferred sentence. | £25.75 where the hearing relates to one complaint; or
£38.63 where the hearing relates to more than one complaint |
£51.50 where the hearing relates to one complaint; or
£77.25 where the hearing relates to more than one complaint |
||
| 9. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). | £25.75 | £25.75 | ||
| 10. All work done in connection with a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act. | £51.50 | £51.50 | ||
| 12. Conducting a special reasons proof or hearing on exceptional hardship (where both, they to be regarded as one only even if conducted separately). | £154.50 | |||
| 13. Conducting a back-duty proof (but only if in the case no fee is payable under paragraph 12 above). | £51.50 | |||
PART 2
| Where professional services are provided in relation to proceedings in a sheriff court which has been designated by a drug court by the Sheriff Principal | |
| 1. All work done in connection with any appearance of an assistance person (per appearance). | £51.50 |
([1]) Act of Adjournal (Criminal Procedure Rules) 1996 relevantly amended by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 and The Treaty of Lisbon (Changes in Terminology) Order 2011
([2]) The Criminal Procedure (Scotland) Act 1995 (c.46). Defined in regulation 2 of the Criminal (Fixed Payments) (Scotland) Regulations 1999.
([3]) Criminal Justice (Scotland) Act 2016
Part 2 of Schedule 1 of the Criminal Legal Aid (Fixed Payments)(Scotland) Regulations 1999
| Where professional services are provided in relation to proceedings in a sheriff court which has been designated as a drug court by the sheriff principal. | |
|---|---|
| 1. All work done under section 22 (1)(c) of the Act([1]) up to and including the first appearance of an assisted person; | £103.00 |
| 2. All work done (other than work done in terms of paragraph 1) in connection with any appearance of an assisted person (per appearance); | £51.50 |
Schedule 1 of the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992
| Work done before 26 April 2019 | Work done on or after 26 April 2019 | |||
|---|---|---|---|---|
| 1. | The fee for - | |||
| (a) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing shall be | £27.40 | £28.23 | |
| (b) | each quarter hour (or part thereof) subsequent to the first half hour spent appearing in court or conducting another hearing shall be | £13.70 | £14.12 | |
| 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 5 hereof, provided that any time is additional to the total time charged for under paragraph 1 above shall be | £10.55 | £10.87 | |
| (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 5 hereof shall be | £5.25 | £5.41 | |
| 3. | The fee for - | |||
| (a) | each citation of a witness including execution thereof; | |||
| (b) | framing and drawing precognitions and other necessary papers, subject to paragraph 4(c) below - per sheet (or part thereof); | |||
| (c) | instructing messengers-at-arms and sheriff officers, including examining execution and settling fee; | |||
| (d) | lengthy telephone calls (of over 4 and up to 10 minutes duration); and | |||
| (e) | letters, including instructions to counsel - per page (or part thereof), subject to paragraph 4(b) below, | |||
| shall be | £6.00 | £6.18 | ||
| 4. | The fee for - | |||
| (a) | attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged; | |||
| (b) | short letters of a formal nature, intimations and letters confirming telephone calls; | |||
| (c) | framing formal papers, including inventories and title pages - per sheet (or part thereof); | |||
| (d) | revising papers drawn by counsel or where revisal ordered by court - per 5 sheets (or part thereof); and | |||
| (e) | short telephone calls (of up to 4 minutes duration), | |||
| shall be | £2.40 | £2.48 | ||
| 4A. | The fee for each quarter of an hour (or part thereof) spent travelling - | |||
| (a) | by a solicitor is | £5.28 | £5.44 | |
| (b) | by a solicitor's clerk is | £2.63 | £2.71 | |
| 5. | ||||
| (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; and | £0.05 | £0.05 | |
| (ii) | for each sheet copied in addition to the first 10,000 sheets. | £0.01 | £0.01 | |
| Calculation of fees for time at court and travelling | ||||
| 5A. | The fees under paragraphs 1, 2 and 4A are payable on the basis of the total time engaged per day. | |||
| Interpretation | ||||
| 6. | In this Table - | |||
| a "sheet" shall consist of 250 words or numbers; and | ||||
| a "page" shall consist of 125 words or numbers. | ||||
Calculation of fees for time at court and travelling
5A. The fees under paragraphs 1, 2 and 4A are payable on the basis of the total time engaged per day.
Interpretation
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
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 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 |
| 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;
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.
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).
| Work done | Inclusive Fee in Units |
| Part I – Negotiation | |
| 1. Cases where settlement is effected without an action being raised where through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor a negotiated settlement is reached and minute of agreement or separation agreement, as the case may be, is entered into (subject to a maximum charge of 19); or | 10–19 |
| 2. Cases where settlement is not effected but where without an action being raised the outcome or disposal is effected through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor (subject to a maximum charge of 10). | 5–10 |
Part 2 of Chapter 1 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
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.
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).
| 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 |
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.
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).
| 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 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.
|
|
(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.
| 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 - 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.
| 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 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 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 |
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 3 Part 1 of The Advice and Assistance (Scotland) Regulations 1996.
Subject to paragraph 3 of this Part, the fees allowable to a solicitor for providing assistance by way of representation shall be for criminal matters and civil matters and children’s matters arising out of hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 as follows:-
| Fee | ||||
| (b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B to the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999([1])— | ||||
| 1. The fee for— | ||||
| (i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £34.15 | ||
| (ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £17.10 | ||
| 2. The fee for— | ||||
| (i) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 of this table, provided that any time is additional to the total time charged for under paragraph 1; | £13.14 | ||
| (ii) | for each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 5 of this table. | £6.55 | ||
| 3. The fee for— | £7.47 | |||
| (i) | each citation of a witness including execution thereof; | |||
| (ii) | framing and drawing precognitions and other necessary papers, subject to paragraph 4(iii) below - per sheet (or part thereof); | |||
| (iii) | instructing messengers-at-arms and sheriff officers, including examining execution and settling fee; | |||
| (iv) | lengthy telephone calls (of over 4 and up to 10 minutes duration); and | |||
| (v) | letters, including instructions to counsel, subject to paragraph 4(ii) below – per page (or part thereof). | |||
| 4. The fee for— | £2.99 | |||
| (i) | attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged; | |||
| (ii) | short letters of a formal nature, intimations and letters confirming telephone calls; | |||
| (iii) | framing formal papers, including inventories and title pages - per sheet (or part thereof); | |||
| (iv) | revising papers drawn by counsel or where revisal ordered by court – per 5 sheets (or part thereof); and | |||
| (v) | short telephone calls (of up to 4 minutes duration). | |||
| 4A. 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 | ||
| 5. | ||||
| (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 the matter in relation to which assistance by way of representation was given is— | |||
| (i) | 5 pence for each sheet copied for up to 10,000 sheets; and | |||
| (ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. | |||
([1]) Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999/491.
Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
In this table –
a “sheet” shall consist of 250 words or numbers;
a “page” shall consist of 125 words or numbers.
Petition by debtor for sequestration
The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 shall be –
(a) £34.15 for any time spent by a solicitor appearing in court in connection with the petition; and
(b) £56.09 for all other work in connection with the petition.
Schedule 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
Notes on the operation of Schedule 2
| 1A. | Written Work | ||||
| (a) | Petition to Nobile Officium | £231.75 | |||
| (b) | Drafting devolution or compatibility minute | £154.50 | |||
| (c) | Drafting section 275 application under the 1995 Act([1]) | £154.50 | |||
| (d) | Drafting specification of documents | £128.75 | |||
| (e) | Drafting interrogatories | £128.75 | |||
| (f) | Drafting defence statement under section 70A([2]) of the 1995 Act or section 125 of the 2010 Act([3]) | £128.75 | |||
| 1B. | Preliminary Hearing | ||||
| (a) | Preliminary hearing including all managed meetings or equivalent communication with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence. | Payable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | |||
| (aa) | Preliminary hearing, adjourned or continued in which witnesses called to give evidence. | Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | |||
| (b) | Further diet which involves substantive debate or resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act. | Payable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | |||
| (c) | Adjourned diet under section 75A([4]) of the 1995 Act, or continued diet. | Payable at one-half of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | |||
| (d) | Attendance at a managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing. | Payable at one-half of the fee prescribed at paragraph 1B(a) above. | |||
| (e) | Conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown. | Payable at one-half of the fee prescribed at paragraph 1B(a) above. | |||
| Junior as leader | Junior alone | Junior with leader | |||
| 2. | Early Plea | ||||
| Hearing under section 76 of the 1995 Act. | £1,287.50 | £1,287.50 | £643.75 | ||
| 3. | Trial per day
Category Charges Prosecuted in the High Court. |
||||
| (a) | Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, section 1 of the 1988 Act([5]) (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act([6]), Torture, War crimes, Offences under the Explosive Substances Act 1883([7]), sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering)([8]), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B([9]) of the 1988 Act, Section 3ZB([10]) of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act([11]). | £772.50 | £669.50 | £463.50 | |
| (b) | Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act([12]), Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Offences under the Immigration Act 1971([13]), Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982([14]), Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937([15]), all offences under the 2009 Act not otherwise prescribed in this Table of Fees. | £636.03 | £551.05 | £386.25 | |
| (c) | Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1998 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace. | £509.85 | £442.90 | £314.15 | |
| 4. | Miscellaneous Hearings | ||||
| (a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £370.80 | £324.45 | £231.75 | |
| (aa) | judicial examination | £370.80 | £324.45 | £231.75 | |
| (b) | preliminary diet | £370.80 | £324.45 | £231.75 | |
| (c) | hearing under section 275 of the 1995 Act | £370.80 | £324.45 | £231.75 | |
| (d) | hearing on specification of documents | £370.80 | £324.45 | £231.75 | |
| (e) | hearing on a devolution or compatibility minute | £370.80 | £324.45 | £231.75 | |
| (f) | hearing on an application by the Crown for an extension of time | £370.80 | £324.45 | £231.75 | |
| (g) | hearing under section 72 of the 1995 Act | £185.40 | £162.23 | £115.88 | |
| (h) | hearing on a motion to adjourn | £185.40 | £162.23 | £115.88 | |
| (i) | hearing on an application for special measures | £185.40 | £162.23 | £115.88 | |
| (j) | confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in— | ||||
| (i) | paragraph 3(a) | £772.50 | £669.50 | £463.50 | |
| (ii) | paragraph 3(b) | £636.03 | £551.05 | £386.25 | |
| (iii) | paragraph 3(c) | £509.85 | £442.90 | £314.15 | |
| (k) | confiscation diet where no substantial evidence is led | £370.80 | £324.45 | £231.75 | |
| (l) | deferred sentence where mitigation is led | £370.80 | £324.45 | £231.75 | |
| (m) | deferred sentence where no mitigation is led | £185.40 | £162.23 | £115.88 | |
| (n) | remit for sentence | £370.80 | £324.45 | £231.75 | |
| (na) | drug treatment and testing order review | £185.40 | £162.23 | £115.88 | |
| (nb) | drug treatment and testing order review where mitigation led and order revoked | £370.80 | £324.45 | £231.75 | |
| (o) | adjourned trial diet | £185.40 | £162.23 | £115.88 | |
| (p) | adjourned trial diet (trial having commenced) | £370.80 | £324.45 | £231.75 | |
| (pa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £370.80 | £324.45 | £231.75 | |
| (q) | trial within a trial | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | |||
| (qa) | commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | |||
| (r) | examination of the facts in a case of insanity or diminished responsibility | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | |||
| (s) | proof in mitigation | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | |||
| (t) | deferred sentence in which evidence is taken from an expert witness | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | |||
| 5. | Fee for consultations, accused and counsel meetings and locus visits | £216.30 | £189.52 | £139.05 | |
| 5A. | Fee for abortive consultation | £108.15 | £94.76 | £69.53 | |
| 6. | Fee for a necessary Note | £51.50 | £51.50 | £51.50 | |
| 7. | Travel | ||||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £103.00 | £103.00 | £103.00 | ||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £206.00 | £206.00 | £206.00 | ||
| 8. | Accommodation and associated subsistence | ||||
| Payment of necessary accommodation and associated subsistence per day | £103.00 | £103.00 | £103.00 | ||
| 1A. | Written work | |||
| (a) | Petition to Nobile Officium | £231.75 | ||
| (b) | Drafting devolution or compatibility minute | £154.50 | ||
| (c) | Drafting section 275 application under the 1995 Act([16]) | £154.50 | ||
| (d) | Drafting specification of documents | £128.75 | ||
| (e) | Drafting interrogatories | £128.75 | ||
| (f) | Drafting defence statement under section 70A of the 1995 Act([17]) or section 125 of the 2010 Act([18]) | £128.75 | ||
| 1B | Preliminary hearing | |||
| (a) | Preliminary hearing including all managed meetings or equivalent with Crown counsel or the Procurator Fiscal by whatever means and including any note on the line of evidence | Payable at one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | ||
| (aa) | preliminary hearing, adjourned or continued in which witnesses called to give evidence | Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | ||
| (b) | further diet which involves substantive debate or the resolution of outstanding issues, preliminary pleas, objections to the admissibility of evidence by minute, devolution minutes or applications under section 275 of the 1995 Act | Payable at two thirds of the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel. | ||
| (c) | adjourned diet under section 75A([19]) of the 1995 Act, or continued diet | Payable at one-half of the full rate for a trial (paragraph 3 below). | ||
| (d) | attendance at managed meeting or work in connection with equivalent communication with the Crown by whatever means and including any note on the line of evidence where counsel does not attend preliminary hearing | Payable at one-half of the fee prescribed at paragraph 1B(a) above | ||
| (e) | conduct of preliminary hearing on receipt of detailed instructions not having been involved in pre hearing communication with the Crown | Payable at one-half of the fee prescribed at paragraph 1B(a) above. | ||
| 2. | Early Plea | |||
| Hearing under section 76 of the 1995 Act | £1287.50 | |||
| 3. | Trial (per day)
Category Charges Prosecuted in the High Court |
|||
| (a) | Murder, Multiple attempted murder, Culpable homicide, Rape, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offences, section 1 of the 1988 Act (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act([20]), Torture, War crimes, Offences under the Explosive Substances Act 1883([21]), sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002([22]) (Money Laundering), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B([23]) of the 1988 Act, section 3ZB([24]) of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act([25]) | £927.00 | ||
| (b) | Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above), Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act([26]), Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and Corruption, Mobbing and rioting, Indecent or Obscene Publications, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Offences under the Immigration Act 1971([27]), Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982([28]), Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937([29]), all offences under the 2009 Act not otherwise prescribed in this Table of Fees | £721.00 | ||
| (c) | Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Mobbing, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Shameless indecency, Offences under the Sexual Offences Act 2003([30]), Forgery, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious mischief, Brothel keeping, Public order offences (stirring of racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1998 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace | £576.80 | ||
| 4. | Miscellaneous Hearings | |||
| (a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £422.30 | ||
| (aa) | judicial examination | £422.30 | ||
| (b) | preliminary diet | £422.30 | ||
| (c) | hearing under section 275 of the 1995 Act | £422.30 | ||
| (d) | hearing on specification of documents | £422.30 | ||
| (e) | hearing on a devolution or compatibility minute | £422.30 | ||
| (f) | hearing on an application by the Crown for an extension of time | £422.30 | ||
| (g) | hearing under section 72 of the 1995 Act | £211.15 | ||
| (h) | hearing on a motion to adjourn | £211.15 | ||
| (i) | hearing on an application for special measures | £211.15 | ||
| (j) | confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in— | |||
| (i) | paragraph 3(a) | £927.00 | ||
| (ii) | paragraph 3(b) | £721.00 | ||
| (iii) | paragraph 3(c) | £576.80 | ||
| (k) | confiscation diet where no substantial evidence is led | £422.30 | ||
| (l) | deferred sentence where mitigation is led | £422.30 | ||
| (m) | deferred sentence where no mitigation is led | £211.15 | ||
| (n) | remit for sentence | £422.30 | ||
| (na) | drug treatment and testing order review | £211.15 | ||
| (nb) | drug treatment and testing order review where mitigation led and order revoked | £422.30 | ||
| (o) | adjourned trial diet | £211.15 | ||
| (p) | adjourned trial diet (trial having commenced) | £422.30 | ||
| (pa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £422.30 | ||
| (q) | trial within a trial | Payable at the full rate for a trial (paragraph 3 above) depending on category of case. | ||
| (qa) | commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | Payable at the full rate for a trial (paragraph 3 above) depending on category of case and status of counsel. | ||
| (r) | examination of the facts in a case of insanity or diminished responsibility | Payable at the full rate for a trial (paragraph 3 above) depending on category of case. | ||
| (s) | proof in mitigation | Payable at the full rate for a trial (paragraph 3 above) depending on category of case. | ||
| (t) | deferred sentence in which evidence is taken from an expert witness | Payable at the full rate for a trial (paragraph 3 above) depending on category of case. | ||
| 5. | Fee for consultations, accused and counsel meetings and locus visits | £257.50 | ||
| 5A. | Fee for abortive consultation | £128.75 | ||
| 6. | Fee for a necessary Note | £51.50 | ||
| 7. | Travel | |||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £103.00 | |||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £206.00 | |||
| 8. | Accommodation and associated subsistence | |||
| Payment of necessary accommodation and associated subsistence per day | £103.00 | |||
| Junior as Leader | Junior Alone | Junior with Leader | |||||
| 1. Appeal against Sentence | |||||||
| (a) | drafting Grounds or Note of Appeal against sentence | £84.46 | £84.46 | £84.46 | |||
| (b) | written Submissions in Appeal against Sentence | £128.75 | £103.00 | £77.25 | |||
| (c) | any hearing under sections 107 and 187 of the Criminal Procedure (Scotland) Act 1995([31]), including any consultation on the day of the appeal | £207.03 | £154.50 | £115.36 | |||
| (d) | any hearing on appeal against sentence, including any consultation on the day of the appeal | £207.03 | £154.50 | £115.36 | |||
| (e) | opinion (or note) on appeal against sentence (where not otherwise prescribed) | £77.25 | £77.25 | £77.25 | |||
| 2. | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | ||||||
| (a) | drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case | £87.55–£273.98 | £84.46–£206.00 | £77.25–£154.50 | |||
| (b) | appearance at any hearing on Stated Case, Bill of Suspension or Advocation | £345.05 | £257.50 | £192.61 | |||
| (c) | opinion | £128.75 | £128.75 | £128.75 | |||
| 3. | Appeal against Conviction or Conviction and Sentence | ||||||
| (a) | drafting Grounds of Appeal against conviction or conviction and sentence | £257.50–£432.60 | £206.00–£360.50 | £144.20–£309.00 | |||
| (b) | written Submissions in Appeal against conviction or conviction and sentence | £257.50–£432.60 | £206.00–£360.50 | £144.20–£309.00 | |||
| (d) | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply) | £721.00–£1,121.67 | £515.00–£849.75 | £412.00–£643.75 | |||
| (da) | Hearing on appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 applies)- | ||||||
| (i) | Where the hearing lasts fewer than 3 hours | £406.85 | £360.50 | £257.50 | |||
| (ii) | Where the hearing lasts more than 3 hours, but fewer than 6 hours | £481.01–£747.78 | £344.02–£566.50 | £275.01–£429.51 | |||
| (iii) | Where the hearing last 6 hours or more | ||||||
| (aa) | for each 6 hour period | £721.00–£1,121.67 | £515.00–£849.75 | £412.00–£643.75 | |||
| (ab) | for any remaining period of fewer than 3 hours | £406.85 | £360.50 | £257.50 | |||
| (ac) | for any remaining period of more than 3 hours | £481.01–£747.78 | £344.02–£566.50 | £275.01–£429.51 | |||
| (e) | opinion | £257.50–£412.00 | £206.00–£360.50 | £144.20–£309.00 | |||
| 4. | Appeal Hearing before a Full Bench (5 or more Judges) | £1,339.00 | £1,030.00 | £772.50 | |||
| 5. | Appeals in relation to Bail or Interim Liberation | ||||||
| (a) | all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below | £30.90 | £30.90 | £30.90 | |||
| (ab) | all work in connection with a continued diet in relation to such an appeal | £30.90 | £30.90 | £30.90 | |||
| (b) | all work in connection with an application for interim liberation before 3 judges | £144.20 | £103.00 | £77.25 | |||
| 6. | Appeals Conduct Other | ||||||
| (a) | hearing on petition to the Nobile Officium | £721.00-£1,121.67 | £515.00–£849.75 | £412.00–£643.75 | |||
| (b) | reference to the High Court (devolution issue) | £721.00–£1,121.67 | £515.00–£849.75 | £412.00–£643.75 | |||
| (c) | Appeal arising from pre-trial or continuing trial hearing | £721.00–£1,121.67 | £515.00–£849.75 | £412.00–£643.75 | |||
| (ca) | Appeal from the Sheriff Appeal Court to the High Court under section 194ZB([32]) of the 1995 Act | £721.00–£1,121.67 | £515.00–£849.75 | £412.00–£643.75 | |||
| (cb) | referral from the Sheriff Appeal Court to the High Court under section 175A([33]) of the 1995 Act | £721.00–£1,121.67 | £515.00–£849.75 | £412.00–£643.75 | |||
| (d) | opinion | £257.50–£412.00 | £206.00–£360.50 | £144.20–£309.00 | |||
| 6A. | Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2— | ||||||
| (a) | applies | £370.80 | £324.45 | £231.75 | |||
| (b) | does not apply | £154.50 | £154.50 | £154.50 | |||
| 7. | Appeals Written Work Other | ||||||
| (a) | drafting Devolution or compatibility Minute | £154.50 | £154.50 | £154.50 | |||
| (b) | drafting Petition to the Nobile Officium | £231.75 | £231.75 | £231.75 | |||
| (c) | opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995([34]) (transcripts of record and documentary productions) | £51.50 | £51.50 | £51.50 | |||
| 8. | Consultations | £216.30 | £189.52 | £139.05 | |||
| 9. | Travel | ||||||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £103.00 | £103.00 | £103.00 | ||||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £206.00 | £206.00 | £206.00 | ||||
| 10. | Accommodation and associated subsistence | ||||||
| Payment of necessary accommodation and associated subsistence per day | £103.00 | £103.00 | £103.00 | ||||
| 11. | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of schedule 2, counsel concludes that there is no stateable case | £257.50–£824.00 | £206.00–£721.00 | £144.20–£618.00 | |||
| Senior | |||||
| 1. | Appeal against Sentence | ||||
| (a) | drafting Grounds or Note of Appeal against sentence | £127.72 | |||
| (b) | written Submissions in Appeal against Sentence | £156.56 | |||
| (c) | any hearing under sections 107 and 187 of the Criminal Procedure (Scotland) Act 1995([35]), including any consultation on the day of the appeal | £234.84 | |||
| (d) | any hearing on appeal against sentence, including any consultation on the day of the appeal | £234.84 | |||
| (e) | opinion (or note) on appeal against sentence (where not otherwise prescribed) | £117.42 | |||
| 2. | Appeal by way of Bill of Suspension, Bill of Advocation or Stated Case | ||||
| (a) | drafting Bill of Suspension or Bill of Advocation or adjustment of Stated Case | £127.72–£309.00 | |||
| (b) | appearance at any hearing on Stated Case, Bill of Suspension or Advocation | £404.79 | |||
| (c) | opinion | £193.13 | |||
| 3. | Appeal against Conviction or Conviction and Sentence | ||||
| (a) | drafting Grounds of Appeal against conviction or conviction and sentence | £257.50–£521.18 | |||
| (b) | written Submissions in Appeal against conviction or conviction and sentence | £257.50–£521.18 | |||
| (d) | Hearing on Appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 does not apply) | £927.00–£1,287.50 | |||
| (da) | Hearing on appeal against conviction or conviction and sentence (to which paragraph 11C of the notes on the operation of schedule 2 applies)- | ||||
| (i) | Where the hearing lasts fewer than 3 hours | £463.50 | |||
| (ii) | Where the hearing lasts more than 3 hours, but fewer than 6 hours | £618.00–£859.02 | |||
| (iii) | Where the hearing last 6 hours or more— | ||||
| (aa) | for each 6 hour period | £927.00–£1,287.50 | |||
| (ab) | for any remaining period of fewer than 3 hours | £463.50 | |||
| (ac) | for any remaining period of more than 3 hours | £618.00–£859.02 | |||
| (e) | opinion | £360.50–£721.00 | |||
| 4. | Appeal Hearing before a Full Bench (5 or more Judges) | £1,545.00 | |||
| 5. | Appeals in relation to Bail or Interim Liberation | ||||
| (a) | all work in connection with an appeal relating to granting of bail or interim liberation, except (ab) or (b) below | £51.50 | |||
| (ab) | all work in connection with a continued diet in relation to such an appeal | £51.50 | |||
| (b) | all work in connection with an application for interim liberation before 3 judges | £154.50 | |||
| 6. | Appeals Conduct Other | ||||
| (a) | hearing on petition to the Nobile Officium | £927.00–£1,287.50 | |||
| (b) | reference to the High Court (devolution issue) | £927.00–£1,287.50 | |||
| (c) | appeal arising from pre-trial or continuing trial hearing | £927.00–£1,287.50 | |||
| (ca) | Appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act([36]) | £927.00–£1,287.50 | |||
| (cb) | referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act([37]) | £927.00–£1,287.50 | |||
| (d) | opinion | £360.50–£721.00 | |||
| 6A. | Advising Hearing - Any hearing relative to proceedings of a type described in the preceding paragraphs held subsequent to the court making avizandum, if paragraph 11E of the notes on the operation of schedule 2— | ||||
| (a) | applies | £422.30 | |||
| (b ) | does not apply | £154.50 | |||
| 7. | Appeals Written Work Other | ||||
| (a) | drafting Devolution or compatibility Minute | £154.50 | |||
| (b) | drafting Petition to the Nobile Officium | £231.75 | |||
| (c) | opinion in connection with an application under section 94(2A) of the Criminal Procedure (Scotland) Act 1995([38]) (transcripts of record and documentary productions) | £51.50 | |||
| 8. | Consultations | £257.50 | |||
| 9. | Travel | ||||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £103.00 | ||||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £206.00 | ||||
| 10. | Accommodation and associated subsistence | ||||
| Payment of necessary accommodation and associated subsistence per day | £103.00 | ||||
| 11. | Opinion where, in the circumstance mentioned in paragraph 11F of the notes on the operation of schedule 2, counsel concludes that there is no stateable case | £360.50–£1,442.00 | |||
| 1A. | Written work | ||||
| (a) | petition to the Nobile Officium | £231.75 | |||
| (b) | drafting devolution or compatibility minute | £154.50 | |||
| (c) | drafting section 275 application under the 1995 Act([39]) | £154.50 | |||
| (d) | drafting specification of documents | £128.75 | |||
| (e) | drafting interrogatories | £128.75 | |||
| (f) | drafting defence statement under section 70A of the 1995 Act([40]) or section 125 of the 2010 Act([41]) | £128.75 | |||
| Junior as leader | Junior alone | Junior with leader | |||
| 1B. | Early Plea | ||||
| Hearing under section 76 of the 1995 Act | £1,287.50 | £1,287.50 | £643.75 | ||
| 2. | Trial (per day)
Category Charges Prosecuted in the Sheriff Court |
||||
| (a) | Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, section 1 of the 1988 Act([42]) (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act([43]), Torture, War crimes, Rape, Multiple attempted murder, Offences under the Explosive Substances Act 1883([44]), sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering)([45]), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act([46]) | £666.93 | £592.25 | £370.80 | |
| (b) | Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above) Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act([47]), Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 or 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971([48]), Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982([49]), Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937([50]), all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace | £509.85 | £442.90 | £314.15 | |
| 3. | Miscellaneous Hearings | ||||
| (a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £296.64 | £259.56 | £185.40 | |
| (aa) | judicial examination | £296.64 | £259.56 | £185.40 | |
| (b) | preliminary diet | £296.64 | £259.56 | £185.40 | |
| (c) | hearing under section 275 of the 1995 Act | £296.64 | £259.56 | £185.40 | |
| (d) | hearing on specification of documents | £296.64 | £259.56 | £185.40 | |
| (e) | hearing on a devolution or compatibility minute | £296.64 | £259.56 | £185.40 | |
| (f) | hearing on an application by the Crown for an extension of time | £296.64 | £259.56 | £185.40 | |
| (g) | hearing under section 72 of the 1995 Act | £148.32 | £129.78 | £92.70 | |
| (h) | hearing on a Motion to adjourn | £148.32 | £129.78 | £92.70 | |
| (i) | hearing on an application for special measures | £148.32 | £129.78 | £92.70 | |
| (j) | confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in | ||||
| (i) | paragraph 2(a) | £666.93 | £592.25 | £370.80 | |
| (ii) | paragraph 2(b) | £509.85 | £442.90 | £314.15 | |
| (k) | confiscation diet where no substantial evidence is led | £296.64 | £259.56 | £185.40 | |
| (l) | deferred sentence where mitigation is led | £296.64 | £259.56 | £185.40 | |
| (m) | deferred sentence where no mitigation is led | £148.32 | £129.78 | £92.70 | |
| (ma) | drug treatment and testing order review | £148.32 | £129.78 | £92.70 | |
| (mb) | drug treatment and testing order review where mitigation is led and order revoked | £296.64 | £259.56 | £185.40 | |
| (n) | adjourned trial diet | £148.32 | £129.78 | £92.70 | |
| (o) | adjourned trial diet (trial having commenced) | £296.64 | £259.56 | £185.40 | |
| (oa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £296.64 | £259.56 | £185.40 | |
| (p) | trial within a trial | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | |||
| (pa) | commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | |||
| (q) | examination of the facts in a case of insanity or diminished responsibility | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | |||
| (r) | proof in mitigation | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | |||
| (s) | deferred sentence in which evidence is taken from an expert witness | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | |||
| (t) | first diet | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | |||
| 4. | Fee for consultations, accused and counsel meetings and locus visits | £183.34 | £158.62 | £111.24 | |
| 4A. | Fee for abortive consultation | £91.67 | £79.31 | £55.62 | |
| 5. | Fee for a necessary Note | £51.50 | £51.50 | £51.50 | |
| 6. | Travel | ||||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £103.00 | £103.00 | £103.00 | ||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £206.00 | £206.00 | £206.00 | ||
| 7. | Accommodation and associated subsistence | ||||
| Payment of necessary accommodation and associated subsistence per day | £103.00 | £103.00 | £103.00 | ||
| 1A. | Written work | ||
| (a) | Petition to the Nobile Officium | £231.75 | |
| (b) | Drafting devolution or compatibility minute | £154.50 | |
| (c) | Drafting section 275 application under the 1995 Act([51]) | £154.50 | |
| (d) | Drafting specification of documents | £128.75 | |
| (e) | Drafting interrogatories | £128.75 | |
| (f) | Drafting defence statement under section 70A of the 1995 Act([52]) or section 125 of the 2010 Act([53]) | £128.75 | |
| 1B. | Early Plea | ||
| Hearing under section 76 of the 1995 Act | £1,287.50. | ||
| 2. | Trial (per day)
Category Charges prosecuted in the Sheriff Court |
||
| (a) | Culpable Homicide, Assault and Robbery (involving commercial premises), Importation of controlled drugs, Fraud and related offence, section 1 of the 1988 Act([54]) (causing death by dangerous driving), section 3A of the 1988 Act (causing death by careless driving when under the influence of drink or drugs), Sedition, Treason, Offences under the 2000 Act([55]), Torture, War crimes, Offences under the Explosive Substances Act 1883([56]), sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering)([57]), Firearms offences, Incest, Sodomy, Embezzlement, Lewd and libidinous behaviour against children under the age of 12, section 2B of the 1988 Act, section 3ZB of the 1988 Act, sections 1, 2, 3(2)(a) and 18 to 27 of the 2009 Act([58]) | £741.60 | |
| (b) | Attempted Murder, Assault to severe injury (with aggravations), Indecent Assault, Assault and Robbery (involving retail premises), Possession with intent to supply or being concerned in the supply of a Class A drug, Attempted Rape, Lewd and libidinous behaviour, (other than under category (a) above) Offences under the Sexual Offences Act, Offences against Children under the 1995 Consolidation Act([59]), , Abduction and/or unlawful imprisonment, Extortion, Counterfeiting, Bribery and corruption, Mobbing and rioting, Mobbing, Environmental Protection prosecutions, Health and Safety offences, Intellectual Property offences, Indecent or Obscene Publications, Possession with intent to supply or being concerned in the supply of a class B or class C drug, Assault to severe injury, Assault and robbery, Wilful fire raising, Housebreaking, Opening lockfast places, Bigamy, Contempt of Court, Perjury, Theft, Forgery, Uttering, Reset, Concealing a pregnancy, Deforcement of Sheriff’s Officers, Malicious Mischief, Brothel keeping, Public Order offences (stirring up racial hatred, wearing of uniforms, disrupting lawful meetings), Harassment, Road traffic offences (other than section 1 of 3A of the 1988 Act), Possession of offensive weapons, Violation of sepulchres, Offences under the Immigration Act 1971([60]), Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982([61]), Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937([62]), All offences under the 2009 Act not otherwise prescribed in this Table of Fees, Robbery, Breach of the peace | £576.80 | |
| 3. | Miscellaneous Hearings | ||
| (a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £337.84 | |
| (aa) | judicial examination | £337.84 | |
| (b) | preliminary diet | £337.84 | |
| (c) | hearing under section 275 of the 1995 Act | £337.84 | |
| (d) | hearing on specification of documents | £337.84 | |
| (e) | hearing on a devolution or compatibility minute | £337.84 | |
| (f) | hearing on an application by the Crown for an extension of time | £337.84 | |
| (g) | hearing under section 72 of the 1995 Act | £168.92 | |
| (h) | hearing on a motion to adjourn | £168.92 | |
| (i) | hearing on an application for special measures | £168.92 | |
| (j) | confiscation diet in which substantial evidence is led or where full settlement is agreed where the confiscation proceedings follow acceptance of a guilty plea to the charge or charges categorised as below or follow a trial as specified in this Chapter in— | ||
| (i) | paragraph 2(a) | £741.60 | |
| (ii) | paragraph 2(b) | £576.80 | |
| (k) | confiscation diet where no substantial evidence is led | £337.84 | |
| (l) | deferred sentence where mitigation is led | £337.84 | |
| (m) | deferred sentence where no mitigation is led | £168.92 | |
| (ma) | drug treatment and testing order review | £168.92 | |
| (mb) | drug treatment and testing order review where mitigation is led and order revoked | £337.84 | |
| (n) | adjourned trial diet | £168.92 | |
| (o) | adjourned trial diet (trial having commenced) | £337.84 | |
| (oa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £337.84 | |
| (p) | trial within a trial | Payable at the full rate for a trial (paragraph 2 above) depending on category of case | |
| (pa) | commission on evidence and any other hearing, other than one for which a fee is prescribed, at which evidence is adduced | Payable at the full rate for a trial (paragraph 2 above) depending on category of case and status of counsel | |
| (q) | examination of the facts in a case of insanity or diminished responsibility | Payable at the full rate for a trial (paragraph 2 above) depending on category of case | |
| (r) | proof in mitigation | Payable at the full rate for a trial (paragraph 2 above) depending on category of case | |
| (s) | deferred sentence in which evidence is taken from an expert witness | Payable at the full rate for a trial (paragraph 2 above) depending on category of case | |
| (t) | first diet | Payable at the full rate for a trial (paragraph 2 above) depending on category of case | |
| 4. | Fee for consultations, accused and counsel meetings and locus visits | £206.00 | |
| 4A. | Fee for abortive consultation | £103.00 | |
| 5. | Fee for necessary Note | £51.50 | |
| 6. | Travel | ||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken within Scotland, including travel to a Procurator Fiscal’s office or elsewhere to view productions | £103.00 | ||
| Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £206.00 | ||
| 7. | Accommodation and associated subsistence | ||
| Payment of necessary accommodation and associated subsistence per day | £103.00 | ||
([1]) The Criminal Procedure (Scotland) Act 1995 (c.46). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([2]) Section 70A was inserted by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 124(3).
([3]) The Criminal Justice and Licensing (Scotland) Act 2010 (asp 13). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([4]) Section 75A was inserted by the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), section 15.
([5]) The Road Traffic Act 1988 (c.52). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([6]) The Terrorism Act 2000 (c.11). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([7]) Explosive Substances Act 1883 (c. 3).
([8]) Proceeds of Crime Act 2002 c.29. Section 339(1A) was substituted by the Serious Organised Crime and Police Act 2005 (c.15), section 105(5).
([9]) Section 2B was inserted by the Road Safety Act 2006 (c.49), section 20(1).
([10]) Section 3ZB was inserted by inserted by the Road Safety Act 2006 (c.49), section 21(1), and relevantly amended by the Criminal Justice and Courts Act 2015 (c.2), section 95(1).
([11]) The Sexual Offences (Scotland) Act 2009 (asp 9). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([12]) The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([13]) Immigration Act 1971 c.77.
([14]) Civic Government (Scotland) Act 1982 c.45. Section 52A was inserted by the Criminal Justice Act 1988 (c.33), section 161(1)(2) and relevantly amended by the Criminal Justice and Public Order Act 1994 (c.33), section 84(7), the Criminal Justice (Scotland) Act 2003 (asp 7), section 19(1)(b), and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 41(1)(b).
([15]) Children and Young Persons (Scotland) Act 1937 c.37.
([16]) The Criminal Procedure (Scotland) Act 1995 (c.46). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([17]) Section 70A was inserted by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 124(3).
([18]) The Criminal Justice and Licensing (Scotland) Act 2010 (asp. 13). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([19]) Section 75A was inserted by the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), section 15.
([20]) The Terrorism Act 2000 (c.11). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([21]) Explosive Substances Act 1883 c.3.
([22]) Proceeds of Crime Act 2002 c. 29. Section 339(1A) was substituted by the Serious Organised Crime and Police Act 2005 (c.15), section 105(5).
([23]) Section 2B was inserted by the Road Safety Act 2006 (c.49), section 20(1).
([24]) Section 3ZB was inserted by inserted by the Road Safety Act 2006 (c.49), section 21(1), and relevantly amended by the Criminal Justice and Courts Act 2015 (c.2), section 95(1).
([25]) The Sexual Offences (Scotland) Act 2009 (asp 9). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([26]) The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([27]) Immigration Act 1971 c.77.
([28]) Civic Government (Scotland) Act 1982 c.45. Section 52A was inserted by the Criminal Justice Act 1988 (c.33), section 161(1)(2) and relevantly amended by the Criminal Justice and Public Order Act 1994 (c.33), section 84(7), the Criminal Justice (Scotland) Act 2003 (asp 7), section 19(1)(b), and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 41(1)(b).
([29]) Children and Young Persons (Scotland) Act 1937 c.37.
([30]) Sexual Offences Act 2003 c.42.
([31]) Criminal Procedure (Scotland) Act 1995 c.46.
([32]) Section 194ZB was inserted by Courts Reform (Scotland) Act 2014 (asp 18), section 119.
([33]) Section 175A was inserted by Courts Reform (Scotland) Act 2014 (asp 18), section 120.
([34]) Section 94(2A) was inserted by Criminal Justice (Scotland) Act 2003 (asp 7), section 65(b) and relevantly amended by S.S.I. 2012/272.
([35]) Criminal Procedure (Scotland) Act 1995 c.46.
([36]) Section 194ZB was inserted by Courts Reform (Scotland) Act 2014 (asp 18), section 119.
([37]) Section 175A was inserted by Courts Reform (Scotland) Act 2014 (asp 18), section 120.
([38]) Section 94(2A) was inserted by Criminal Justice (Scotland) Act 2003 (asp 7), section 65(b) and was relevantly amended by S.S.I. 2012/272.
([39]) The Criminal Procedure (Scotland) Act 1995 (c.46). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([40]) Section 70A was inserted by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 124(3).
([41]) The Criminal Justice and Licensing (Scotland) Act 2010 (asp. 13). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([42]) The Road Traffic Act 1988 (c.52). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([43]) The Terrorism Act 2000 (c.11). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([44]) Explosive Substances Act 1883 c.3.
([45]) Proceeds of Crime Act 2002 c.29. Section 339(1A) was substituted by the Serious Organised Crime and Police Act 2005 (c.15), section 105(5).
([46]) The Sexual Offences (Scotland) Act 2009 (asp 9). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([47]) The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([48]) Immigration Act 1971 c.77.
([49]) Civic Government (Scotland) Act 1982 c.45. Section 52A was inserted by the Criminal Justice Act 1988 (c.33), section 161(1)(2) and relevantly amended by the Criminal Justice and Public Order Act 1994 (c.33), section 84(7), the Criminal Justice (Scotland) Act 2003 (asp 7), section 19(1)(b), and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 41(1)(b).
([50]) Children and Young Persons (Scotland) Act 1937 c.37.
([51]) The Criminal Procedure (Scotland) Act 1995 (c.46). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([52]) Section 70A was inserted by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 124(3).
([53]) The Criminal Justice and Licensing (Scotland) Act 2010 (asp. 13). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([54]) The Road Traffic Act 1988 (c.52). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([55]) The Terrorism Act 2000 (c.11). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([56]) Explosive Substances Act 1883 c.3.
([57]) Proceeds of Crime Act 2002 . Section 339(1A) was substituted by the Serious Organised Crime and Police Act 2005 (c.15), section 105(5).
([58]) The Sexual Offences (Scotland) Act 2009 (asp 9). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([59]) The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39). Defined in regulation 2 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989/1491.
([60]) Immigration Act 1971 c.77.
([61]) Civic Government (Scotland) Act 1982 c.45. Section 52A was inserted by the Criminal Justice Act 1988 (c.33), section 161(1)(2) and relevantly amended by the Criminal Justice and Public Order Act 1994 (c.33), section 84(7), the Criminal Justice (Scotland) Act 2003 (asp 7), section 19(1)(b), and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 41(1)(b).
Schedule 3 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
Notes on the operation of Schedule 3
1. Subject to the following provisions of this Schedule, fees shall be calculated by the Board, and in the event of a question or dispute by the auditor, in accordance with the Table of Fees in this Schedule.
2. In the assessment and taxation of counsel's fees–
(a) where higher fees than those set out in the Table of Fees are sought, they must be explained in a note from counsel;
(b) for proceedings under paragraph 1 of the Table of Fees–
(i) subject to any higher fees allowable under sub-paragraph (a), no other payments are permitted;
(ii) there is a working assumption that a single fee is allowed for one junior counsel even where sanction is authorised for two counsel and that it would only be in the most exceptional cases that fees are allowable for two counsel; and
(iii) a fee for senior counsel may be allowed instead of junior counsel if it is held to be necessary because of the difficulty or complexity of the case or for other good reason; and
(c) for proceedings under paragraph 2 of the Table of Fees–
(i) counsel's fees are allowed only where the Board has sanctioned the employment of counsel or where counsel is automatically available;
(ii) except on cause shown, the auditor shall not have regard to any information produced by counsel at taxation which was not made available to the Board at the time the Board made the offer to counsel which is subject to taxation;
(iii) in cases where junior counsel has undertaken most of the work on a particular item the auditor shall allow such fee to senior and junior counsel as appears appropriate to provide reasonable remuneration for the work;
(iv) there is a working assumption that counsel for an appellant commands a higher fee than counsel for a respondent;
(v) only one counsel's fee is permitted on a petition of appeal and on attending judgment; and
(vi) [3]the brief fee shall include all work on the brief, the case and the first day of attendance at the Supreme Court.
| Junior Counsel | Senior Counsel | |||
|---|---|---|---|---|
| 1. | Petition for leave to appeal | |||
| (a) | Drafting application for permission to appeal | £824.00 | £1,030.00 | |
| (b) | Preparing respondents’ objections | £566.50 | £772.50 | |
| (c) | Attending Supreme Court | £1,133.00 | £1,648.00 | |
| 2. | Appeals and References | |||
| (a) | Drafting Petition of appeal | £77.25 | £77.25 | |
| (b) | Statement of Facts and Issues | £1,802.50 | £3,605.00 | |
| (c) | Authorities | £618.00 | £1,236.00 | |
| (d) | Consultations (each, up to a maximum of three) | £360.50 | £721.00 | |
| (e) | Brief (based on a 1 day hearing) | £6,437.50 | £12,875.00 | |
| (f) | Brief (based on a 2 day hearing) | £8,240.00 | £16,480.00 | |
| (g) | Refresher (from day two of the hearing) | £1,287.50 | £2,575.00 | |
| (h) | Judgment | £154.50 | £154.50 | |
Schedule II of the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992
1. Subject to the following provisions of this Schedule, fees shall be calculated in accordance with the Table of Fees in this Schedule.
2. Where the Table of Fees in this Schedule does not prescribe a fee for any item of work the auditor shall allow such fee as appears to him appropriate to provide reasonable remuneration for work with regard to all the circumstances, including the general levels of fees in the said Table of Fees.
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.
| CHAPTER 1 – JUNIOR COUNSEL | |||
| Junior with Senior | Junior alone | ||
| 1. | Hearing, held during the course of other proceedings, at which the person concerned is first called upon to answer to the alleged contempt. No consultation fee (paragraph 4) will be payable in these circumstances. | £32.45 | £47.90 |
| 2. | Hearing (other than described in paragraphs 1 or 3) – per day | ||
| (a) | In Edinburgh | £177.16 | £249.78 |
| (b) | In Glasgow | £209.61 | £307.46 |
| (c) | Elsewhere within 60 miles journey by road from Edinburgh | £217.33 | £315.18 |
| (d) | In Aberdeen, Inverness or Dumfries | £299.73 | £420.76 |
| (e) | Elsewhere beyond 60 miles journey by road from Edinburgh: | Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph. | |
| 3. | Appeals, etc. | ||
| (a) | Drafting grounds of appeals against finding of contempt including any note of appeal | £45.84 | £64.89 |
| (b) | Hearing in appeal against a finding of contempt–per day | £177.16 | £249.78 |
| (c) | Note of adjustments to stated case | £45.84 | £64.89 |
| (d) | Hearing on stated case or bill of suspension relating to a finding of contempt or a finding of contempt and sentence. | £80.34 | £105.06 |
| (e) | Any appeal against sentence including fee for drafting note of appeal | £32.45 | £72.62 |
| (f) | Appeal relating to granting of bail | £24.21 | £24.21 |
| 4. | Consultations
Save in a case provided for by paragraph 1, |
||
| (a) | In Edinburgh | £56.65 | £80.34 |
| Additional fee if held in prison | £8.76 | £8.76 | |
| (b) | Elsewhere within 60 miles journey by road from Edinburgh | £105.06 | £137.51 |
| (c) | In Aberdeen, Inverness or Dumfries | £209.61 | £249.78 |
| (d) | Elsewhere beyond 60 miles journey by road from Edinburgh: | Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph | |
| 5. | Opinion on appeal, etc. | £47.90 | |
| 6. | Revisal of stated case | £47.90 | |
| 7. | Drafting bill of suspension | £47.90 | |
| 8. | Remits for sentence and pleas in mitigation | £47.90 | |
| CHAPTER 2 – SENIOR COUNSEL | |||
| 1. | Hearing, held during the course of other proceedings, at which the person concerned is called upon to answer to the contempt. No consultation fee (paragraph 4) will be payable in these circumstances. | £72.62 | |
| 2. | Hearing (other than described in paragraphs 1 or 3) – per day | ||
| (a) | In Edinburgh | £324.45 | |
| (b) | In Glasgow | £380.07 | |
| (c) | Elsewhere within 60 miles journey by road from Edinburgh | £388.83 | |
| (d) | In Aberdeen, Inverness or Dumfries | £525.82 | |
| (e) | Elsewhere beyond 60 miles journey by road from Edinburgh: | Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph | |
| 3. | Appeals, etc | ||
| (a) | Revising grounds of appeal against a finding of contempt, including any note of appeal | £89.10 | |
| (b) | Hearing in appeal against a finding of contempt – per day | £324.45 | |
| (c) | Note of adjustments to stated case | £89.10 | |
| (d) | Hearing on stated case or bill of suspension relating to a finding of contempt or a finding of contempt and sentence | £161.20 | |
| (e) | Any appeal against sentence including revisal of note of appeal | £105.06 | |
| (f) | Appeal relating to grant of bail | £32.45 | |
| 4. | Consultations.
Save in a case provided for by paragraph 1, |
||
| (a) | In Edinburgh | £121.54 | |
| Additional fee if held in prison | £8.76 | ||
| (b) | Elsewhere within 60 miles journey by road from Edinburgh | £193.64 | |
| (c) | In Aberdeen, Inverness or Dumfries | £372.35 | |
| (d) | Elsewhere beyond 60 miles journey by road from Edinburgh | Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph | |
| 5. | Opinion on appeal | £72.62 | |
| 6. | Revisal of stated case | £72.62 | |
| 7. | Revisal of bill of suspension | £72.62 | |
| 8. | Remits for sentence and please in mitigation | £72.62 | |
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.