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[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 3
PART II
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION
1.—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); | £14.53 | £15.97 | £15.97 | ||
(ii) | Solicitor’s clerk – per quarter hour (or part thereof). | £7.25 | £7.97 | £7.97 | ||
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). | £3.32 | £3.64 | £3.64 | ||
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). | £8.27 | £9.10 | £9.10 | ||
D. | For taking and drawing precognitions – for the first sheet of 250 words or less. | £29.00 | £31.93 | £31.93 | ||
for each subsequent sheet of 250 words. | £29.00 | £31.93 | £31.93 | |||
for each subsequent sheet of less than 250 words. | £14.53 | £15.97 | £15.97 | |||
DA. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||||
(a) | by a solicitor; | £7.28 | £8.01 | £8.01 | ||
(b) | by a solicitor’s clerk. | £3.63 | £4.01 | £4.01 | ||
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) | for each sheet copied for up to 10,000 sheets; and | £0.05 | £0.05 | £0.05 | ||
(ii) | for each sheet copied in addition to the first 10,000 sheets. | £0.01 | £0.01 | £0.01 |
2.—[Revoked by SSI 2008 No 240]
Interpretation
3.—In this table—
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 3
PART II
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION
1.—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); | £13.18 | £14.49 | £14.49 | ||
(ii) | Solicitor’s clerk – per quarter hour (or part thereof). | £6.57 | £7.23 | £7.23 | ||
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). | £3.01 | £3.30 | £3.30 | ||
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). | £7.50 | £8.25 | £8.25 | ||
D. | For taking and drawing precognitions – for the first sheet of 250 words or less. | £26.31 | £28.97 | £28.97 | ||
for each subsequent sheet of 250 words. | £26.31 | £28.97 | £28.97 | |||
for each subsequent sheet of less than 250 words. | £13.18 | £14.49 | £14.49 | |||
DA. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||||
(a) | by a solicitor; | £6.60 | £7.26 | £7.26 | ||
(b) | by a solicitor’s clerk. | £3.29 | £3.63 | £3.63 | ||
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. |
2.—[Revoked by SSI 2008 No 240]
Interpretation
3.—In this table—
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 3
PART II
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION
1.—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); | £12.55 | £13.80 | £13.80 | ||
(ii) | Solicitor’s clerk – per quarter hour (or part thereof). | £6.25 | £6.88 | £6.88 | ||
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). | £2.86 | £3.14 | £3.14 | ||
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). | £7.14 | £7.85 | £7.85 | ||
D. | For taking and drawing precognitions – for the first sheet of 250 words or less. | £25.05 | £27.59 | £27.59 | ||
for each subsequent sheet of 250 words. | £25.05 | £27.59 | £27.59 | |||
for each subsequent sheet of less than 250 words. | £12.55 | £13.80 | £13.80 | |||
DA. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||||
(a) | by a solicitor; | £6.28 | £6.91 | £6.91 | ||
(b) | by a solicitor’s clerk. | £3.13 | £3.45 | £3.45 | ||
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. |
2.—[Revoked by SSI 2008 No 240]
Interpretation
3.—In this table—
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
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.
Criminal | Civil | Children | ||||
A. | [103]Time occupied in carrying out work for the client other than work described in paragraphs B to G below. | |||||
(i) Solicitor - per quarter hour (or part thereof) | £11.60 | £12.75 | £12.75 | |||
(ii) Solicitor's clerk - per quarter hour (or part thereof) | £5.77 | £6.35 | £6.35 | |||
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) | £2.64 | £2.90 | £2.90 | ||
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) | £6.60 | £7.25 | £7.25 | ||
D. | For taking and drawing precognitions - for the first sheet of 250 words or less | £23.15 | £25.50 | £25.50 | ||
for each subsequent sheet of 250 words | £23.15 | £25.50 | £25.50 | |||
for each subsequent sheet of less than 250 words | £11.60 | £12.75 | £12.75 | |||
DA.[104] | The fee for each quarter of an hour (or part thereof) spent travelling – |
|
||||
(a) by a solicitor | £5.80 | £6.38 | £6.38 | |||
(b) by a solicitor’s clerk | £2.89 | £3.18 | £3.18 | |||
E. |
(a) [105]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 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. |
|||||
[106][107][108] | ||||||
[109]Interpretation
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 3
TABLE OF FEES ALLOWED TO SOLICITORS
Regulation 17
PART I
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION
1.—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 or the Age of Criminal Responsibility Act 2019 as follows:-
Criminal | Civil | Children's | ||||
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999— | ||||||
1. | The fee for— | |||||
(i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £34.32 | £41.51 | £41.51 | ||
(ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £17.17 | £20.79 | £20.79 | ||
1A. | ||||||
Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint. | £88.16 | |||||
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; | £13.23 | £15.97 | £15.97 | ||
(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. | £6.59 | £7.97 | £7.97 | ||
3. | The fee for— | £7.52 | £9.10 | £9.10 | ||
(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— | £3.04 | £3.64 | £3.64 | ||
(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, | £6.63 | £8.01 | £8.01 | ||
(b) | by a solicitor's clerk. | £3.31 | £4.01 | £4.01 | ||
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) | for each sheet copied, up to 10,000 sheets, and; | £0.05 | ||||
(ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. | £0.01 |
Calculation of fees for time at court and travelling
1A. The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
2.—In this table—
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
"court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;
"holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014
Petition by debtor for sequestration
3.—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) £41.51 for any time spent by a solicitor appearing in court in connection with the petition; and
(b) £68.16 for all other work in connection with the petition.
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 3
TABLE OF FEES ALLOWED TO SOLICITORS
Regulation 17
PART I
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION
1.—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 or the Age of Criminal Responsibility Act 2019 as follows:-
Criminal | Civil | Children's | |||
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999— | |||||
1. | The fee for— | ||||
(i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £31.14 | £37.66 | £37.66 | |
(ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £15.58 | £18.86 | £18.86 | |
1A. | |||||
Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint. | £80.00 | ||||
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; | £12.00 | £14.49 | £14.49 | |
(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. | £5.98 | £7.23 | £7.23 | |
3. | The fee for— | £6.82 | £8.25 | £8.25 | |
(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— | £2.75 | £3.30 | £3.30 | |
(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, | £6.01 | £7.26 | £7.26 | |
(b) | by a solicitor's clerk. | £3.00 | £3.63 | £3.63 | |
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) | 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— | ||||
(ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. |
Calculation of fees for time at court and travelling
1A. The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
2.—In this table—
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
"court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;
"holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014
Petition by debtor for sequestration
3.—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) £37.66 for any time spent by a solicitor appearing in court in connection with the petition; and
(b) £61.85 for all other work in connection with the petition.
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 3
TABLE OF FEES ALLOWED TO SOLICITORS
Regulation 17
PART I
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION
1.—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 or the Age of Criminal Responsibility Act 2019 as follows:-
Criminal | Civil | Children's | |||
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999— | |||||
1. | The fee for— | ||||
(i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £29.65 | £35.86 | £35.86 | |
(ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £14.83 | £17.96 | £17.96 | |
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; | £11.42 | £13.80 | £13.80 | |
(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. | £5.69 | £6.88 | £6.88 | |
3. | The fee for— | £6.49 | £7.85 | £7.85 | |
(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— | £2.61 | £3.14 | £3.14 | |
(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, | £5.72 | £6.91 | £6.91 | |
(b) | by a solicitor's clerk. | £2.85 | £3.45 | £3.45 | |
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) | 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— | ||||
(ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. |
Calculation of fees for time at court and travelling
1A. The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
2.—In this table—
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
Petition by debtor for sequestration
3.—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) £35.86 for any time spent by a solicitor appearing in court in connection with the petition; and
(b) £59.90 for all other work in connection with the petition.
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 I of Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
Hearings (Scotland) Act 2011as follows:-
Criminal | Civil | [93]Children’s | ||||||
[94] | (a) | |||||||
(b) [95]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. The fee for – | ||||||||
(i) any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £27.40 | £33.15 | £33.15 | |||||
(ii) each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £13.70 | £16.60 | £16.60 | |||||
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 hereof, provided that any time is additional to the total time charged for under paragraph 1 above; | £10.55 | £12.75 | £12.75 | |||||
(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 hereof. | £5.25 | £6.35 | £6.35 | |||||
3. The fee for – | ||||||||
(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). | £6.00 | £7.25 | £7.25 | |||||
4. The fee for – | ||||||||
(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). | £2.40 | £2.90 | £2.90 | |||||
4A [96] The fee for each quarter of an hour (or part thereof) spent traveling –
(a) by a solicitor (b) by a solicitor’s clerk |
£5.28
£2.63 |
£6.38
£3.18 |
£6.38
£3.18 |
|||||
5.
[97](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. |
||||||||
[98]Calculation of fees for time at court and travelling
1A. The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
a “sheet” shall consist of 250 words or numbers;
a “page” shall consist of 125 words or numbers.
Petition by debtor for sequestration
Please see related
Criminal Advice and Assistance accounts guidance
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 3
PART IV
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
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 a 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 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. | ||||
Standard Rate | Higher Rate | ||||
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. | £93.87 | £124.85 | ||
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 | £143.93 | £191.42 | ||
(b) | (i) | aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and | £250.29 | £332.89 | |
(ii) | for each additional hour over 4 hours (or part thereof). | £62.59 | £83.24 | ||
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. | £37.56 | £49.95 | ||
6. | Travelling Time in relation to personal attendance | ||||
(a) | The fee for travel time engaged is 2 hours or less per half hour (or part thereof). | £14.53 | £19.33 | ||
(b) | The fee for travel time engaged is more than 2 hours, where authorised by the Board in advance per half hour (or part thereof). | £14.53 | £19.33 |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 3
PART IV
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
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 a 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 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. | ||||
Standard Rate | Higher Rate | ||||
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. | £85.18 | £113.29 | ||
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 | £130.60 | £173.70 | ||
(b) | (i) | aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and | £227.12 | £302.07 | |
(ii) | for each additional hour over 4 hours (or part thereof). | £56.79 | £75.53 | ||
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. | £34.08 | £45.32 | ||
6. | Travelling Time in relation to personal attendance | ||||
(a) | The fee for travel time engaged is 2 hours or less per half hour (or part thereof). | £13.18 | £17.54 | ||
(b) | The fee for travel time engaged is more than 2 hours, where authorised by the Board in advance per half hour (or part thereof). | £13.18 | £17.54 |
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 3
PART IV
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
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 a 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 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. | ||||
Standard Rate | Higher Rate | ||||
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. | £81.12 | £107.89 | ||
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 | £124.38 | £165.42 | ||
(b) | (i) | aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and | £216.30 | £287.68 | |
(ii) | for each additional hour over 4 hours (or part thereof). | £54.08 | £71.93 | ||
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. | £32.45 | £43.16 | ||
6. | Travelling Time in relation to personal attendance | ||||
(a) | The fee for travel time engaged is 2 hours or less per half hour (or part thereof). | £12.55 | £16.70 | ||
(b) | The fee for travel time engaged is more than 2 hours, where authorised by the Board in advance per half hour (or part thereof). | £12.55 | £16.70 |
Table of fees [113] allowed to solicitors for advice and assistance in relation to Sections 32 and 44 of the Criminal Justice (Scotland) Act 2016
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. |
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 |
[As amended by SSI 2023 No 313 in force 15 November 2023]
SCHEDULE 3
PART VI
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019
In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.
1. | (a) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. | ||||
(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. | |||||
(c) Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4. | |||||
(d) Where a client's detention under section 41 of the 2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule, | |||||
(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); | |||||
(ii) where the solicitor is not in attendance already, the fee under paragraph 3. | |||||
(e) Where a client's detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule, | |||||
(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); | |||||
(ii) where the solicitor is not in attendance already, the fee under paragraph 3. | |||||
(f) where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time. | |||||
2. | In this part— | ||||
“unsocial time” has the meaning given in Part IV of this schedule | |||||
Standard Rate | Higher Rate | ||||
3. | Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to consult a solicitor in person – | ||||
(a) aggregate time engaged or waiting is 2 hours or less; or | £143.93 | £191.42 | |||
(b) | (i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; | £250.29 | £332.89 | ||
(ii) for each additional hour over 4 hours (or part thereof). | £62.59 | £83.24 | |||
4. | Inclusive fee for a consultation conducted by a solicitor, otherwise than in person | £37.56 | £49.95 | ||
5. | 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 | £14.53 | £19.33 | |||
(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof). | £14.53 | £19.33 |
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 3
PART VI
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019
In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.
1. | (a) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. | ||||
(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. | |||||
(c) Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4. | |||||
(d) Where a client's detention under section 41 of the 2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule, | |||||
(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); | |||||
(ii) where the solicitor is not in attendance already, the fee under paragraph 3. | |||||
(e) Where a client's detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule, | |||||
(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); | |||||
(ii) where the solicitor is not in attendance already, the fee under paragraph 3. | |||||
(f) where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time. | |||||
2. | In this part— | ||||
“unsocial time” has the meaning given in Part IV of these regulations | |||||
Standard Rate | Higher Rate | ||||
3. | Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to consult a solicitor in person – | ||||
(a) aggregate time engaged or waiting is 2 hours or less; or | £143.93 | £191.42 | |||
(b) | (i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; | £250.29 | £332.89 | ||
(ii) for each additional hour over 4 hours (or part thereof). | £62.59 | £83.24 | |||
4. | Inclusive fee for a consultation conducted by a solicitor, otherwise than in person | £37.56 | £49.95 | ||
5. | 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 | £14.53 | £19.33 | |||
(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof). | £14.53 | £19.33 |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 3
PART VI
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019
In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.
1. | (a) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. | ||||
(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. | |||||
(c) Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4. | |||||
(d) Where a client's detention under section 41 of the 2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule, | |||||
(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); | |||||
(ii) where the solicitor is not in attendance already, the fee under paragraph 3. | |||||
(e) Where a client's detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule, | |||||
(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); | |||||
(ii) where the solicitor is not in attendance already, the fee under paragraph 3. | |||||
(f) where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time. | |||||
2. | In this part— | ||||
“unsocial time” has the meaning given in Part IV of these regulations | |||||
Standard Rate | Higher Rate | ||||
3. | Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to consult a solicitor in person – | ||||
(a) aggregate time engaged or waiting is 2 hours or less; or | £130.60 | £173.70 | |||
(b) | (i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; | £227.12 | £302.07 | ||
(ii) for each additional hour over 4 hours (or part thereof). | £56.79 | £75.53 | |||
4. | Inclusive fee for a consultation conducted by a solicitor, otherwise than in person | £34.08 | £45.32 | ||
5. | 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 | £13.18 | £17.54 | |||
(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof). | £13.18 | £17.54 |
Cases made available before 17 February 2021: your account must be charged in accordance with the fees prescribed in Part IV of schedule 3.
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 3
PART VI
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019
In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.
1. | (a) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. | ||||
(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. | |||||
(c) Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4. | |||||
(d) Where a client's detention under section 41 of the 2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule, | |||||
(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); | |||||
(ii) where the solicitor is not in attendance already, the fee under paragraph 3. | |||||
(e) Where a client's detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule, | |||||
(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii); | |||||
(ii) where the solicitor is not in attendance already, the fee under paragraph 3. | |||||
(f) where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time. | |||||
2. | In this part— | ||||
“unsocial time” has the meaning given in Part IV of these regulations | |||||
Standard Rate | Higher Rate | ||||
3. | Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to consult a solicitor in person – | ||||
(a) aggregate time engaged or waiting is 2 hours or less; or | £124.38 | £165.42 | |||
(b) | (i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; | £216.30 | £287.68 | ||
(ii) for each additional hour over 4 hours (or part thereof). | £54.08 | £71.93 | |||
4. | Inclusive fee for a consultation conducted by a solicitor, otherwise than in person | £32.45 | £43.16 | ||
5. | 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 | £12.55 | £16.70 | |||
(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof). | £12.55 | £16.70 |
Cases made available before 17 February 2021: your account must be charged in accordance with the fees prescribed in Part IV of schedule 3.
Table of fees allowable to solicitors for advice and assistance in relation to section 41 and schedule 7 of the Terrorism Act 2000 and Part 1 of schedule 3 of the Counter-terrorism and Border Security Act 2019.
In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means the Counter-Terrorism and Border Security Act 2019.
1. (a) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3.
(b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act applies has not exercised their right to consult a solicitor in person, the fee under paragraph 4. (c) Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4. (d) Where a client’s detention under section 41 of the 2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule, |
||||
(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
(ii) where the solicitor is not in attendance already, the fee under paragraph 3. |
||||
(e) Where a client’s detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule, | ||||
(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b) (ii);
(ii) where the solicitor is not in attendance already, the fee under paragraph 3. |
||||
(f) where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time.
2. In this part— “unsocial time” has the meaning given in Part IV of these regulations |
||||
Standard Rate | Higher Rate | |||
3. Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to consult a solicitor in person – | ||||
(a) aggregate time engaged or waiting is 2 hours or less; or | £118.45 | £157.54 | ||
(b) | (i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours;
and |
£206.00 | £273.98 | |
(ii) for each additional hour over 4 hours (or part thereof). | £51.50 | £68.50 | ||
4. Inclusive fee for a consultation conducted by a solicitor, otherwise than in person— | £30.90 | £41.10 | ||
5. 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 | £11.95 | £15.90 | ||
(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof). | £11.95 | £15.90 |
Please see related
Criminal Advice and Assistance accounts guidance
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 3
PART III
TABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.
A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016 | ||
1. | Section 19 - Application for review of conditions of investigative liberation | |
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £62.59 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £93.87 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £62.59 |
(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. | £7.28 |
2. | Section 30 - Application for review of undertaking conditions | |
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £62.59 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £93.87 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £62.59 |
(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. | £7.28 |
3. | Section 36(1)(a) – Application for authorisation for questioning by a prosecutor | |
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £62.59 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £93.87 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £62.59 |
(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. | £7.28 |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 3
PART III
TABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.
A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016 | ||
1. | Section 19 - Application for review of conditions of investigative liberation | |
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £56.79 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £85.18 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £56.79 |
(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. | £6.60 |
2. | Section 30 - Application for review of undertaking conditions | |
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £56.79 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £85.18 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £56.79 |
(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. | £6.60 |
3. | Section 36(1)(a) – Application for authorisation for questioning by a prosecutor | |
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £56.79 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £85.18 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £56.79 |
(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. | £6.60 |
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 3
PART III
TABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.
A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016 | ||
1. | Section 19 - Application for review of conditions of investigative liberation | |
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £54.08 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £81.12 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £54.08 |
(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. | £6.28 |
2. | Section 30 - Application for review of undertaking conditions | |
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £54.08 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £81.12 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £54.08 |
(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. | £6.28 |
3. | Section 36(1)(a) – Application for authorisation for questioning by a prosecutor | |
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £54.08 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £81.12 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £54.08 |
(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. | £6.28 |
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 |
A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016.
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. | £50.00 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £75.00 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £50.00 |
(c) | 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. | £5.80 |
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. | £50.00 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £75.00 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £50.00 |
(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. | £5.80 |
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. | £50.00 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £75.00 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £50.00 |
(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. |
Please see related
Criminal Advice and Assistance accounts guidance
[As amended by SSI 2023 No 313 in force 15 November 2023]
SCHEDULE 3
PART V
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000
A reference in this Table of Fees to a paragraph is a reference to a paragraph of schedule 8 of the Terrorism Act 2000.
Paragraph 29 (application for warrant of further detention) or 36 (application for extension of warrant of further detention) | ||
(a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.; | £62.59 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £93.87 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £62.59 |
(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. | £7.28 |
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 3
PART V
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000
In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.
Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of further detention | ||
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £62.59 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £93.87 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £62.59 |
(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. | £7.28 |
Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention | ||
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £62.59 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £93.87 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £62.59 |
(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. | £7.28 |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 3
PART V
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000
In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.
Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of further detention | ||
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £56.79 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £85.18 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £56.79 |
(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. | £6.60 |
Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention | ||
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £56.79 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £85.18 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £56.79 |
(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. | £6.60 |
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 3
PART V
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000
In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.
Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of further detention | ||
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £54.08 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £81.12 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £54.08 |
(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. | £6.28 |
Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention | ||
(a) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £54.08 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £81.12 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £54.08 |
(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. | £6.28 |
Cases made available before 17 February 2021: your account must be charged in accordance with the fees prescribed in Part I of schedule 3.
Table of fees allowable to solicitors for assistance by way of representation for proceedings under schedule 8 of the Terrorism Act 2000
In this Table of Fees “the 2000 Act” means the Terrorism Act 2000.
Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of further detention
(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 |
Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention
(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 |
[As introduced by SSI 2023 No 313 in force 15 November 2023. This fee table is in force, but these fees are not available until the relevant provisions of the National Security Act 2023 have been commenced.]
SCHEDULE 3
PART VII
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 6 OF THE NATIONAL SECURITY ACT 2023
A reference in this Table of Fees to a paragraph is a reference to a paragraph of schedule 6 of the National Security Act 2023.
Paragraph 37 (application for warrant of further detention) or 44 (application for extension of warrant of further detention) | ||
(a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing.; | £62.59 |
(b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £93.87 |
(c) | Additional fee, excluding travel, for second or subsequent court hearing (including a hearing in relation to an application for an order under paragraph 42 (information)), per hearing.; | £62.59 |
(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. | £7.28 |
[As introduced by SSI 2023 No 313 in force 15 November 2023. This fee table is in force, but these fees are not available until the relevant provisions of the National Security Act 2023 have been commenced.]
SCHEDULE 3
PART VIII
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 27 AND SCHEDULE 6 OF THE NATIONAL SECURITY ACT 2023
In this Table of Fees “the 2023 Act” means the National Security Act 2023.
1. | (a) Where a client to whom paragraph 15(6) of schedule 6 of the 2023 Act applies has exercised their right to consult a solicitor. | |||||
(i) if the solicitor attends the consultation in person, the fee under paragraph 3; | ||||||
(ii) if the solicitor attends the consultation other than in person, the fee under paragraph 4. | ||||||
(b) Where a client’s detention under section 27 of the 2023 Act is reviewed in accordance with paragraph 29 of schedule 6 of that Act and on the instruction of that client the solicitor makes representations to the review officer in accordance with paragraph 34 of that schedule of that Act, | ||||||
(i) if the solicitor makes the representations in person; | ||||||
(aa) where the solicitor was already in attendance in person at the time at which they were instructed to make the representations, an additional fee at the rate specified in paragraph 3(b)(ii); | ||||||
(bb) where the solicitor was not already in attendance in person at the time at which they were instructed to make the representations, the fee under paragraph 3. | ||||||
(ii) where the solicitor makes the representations other than in person, the fee under paragraph 4; | ||||||
(c) where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time. | ||||||
2. | In this part— | |||||
“unsocial time” has the meaning given in Part IV of this schedule | ||||||
Standard Rate | Higher Rate | |||||
3. | Inclusive fee, excluding travel, for personal attendance by a solicitor where the client consults the solicitor in person— – | |||||
(a) where aggregate time engaged or waiting is 2 hours or less; or | £143.93 | £191.42 | ||||
(b) where aggregate time engaged or waiting is more than 2 hours; or | ||||||
(i) time engaged or waiting up to and including 4 hours; and | £250.29 | £332.89 | ||||
(ii) for each additional hour over time engaged or waiting over 4 hours (or part thereof). | £62.59 | £83.24 | ||||
4. | Inclusive fee for a consultation conducted by a solicitor, otherwise than in person | £37.56 | £49.95 | |||
5. | Fee for travelling time in relation to personal attendance by a solicitor— | |||||
(a) for travel time engaged of 2 hours or less, per half hour (or part thereof); and | £14.53 | £19.33 | ||||
(b)for travel time engaged of more than 2 hours, where authorised by the Board in advance, per half hour (or part thereof). . | £14.53 | £19.33 |
When you act as a 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)].
£87.61 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 £78.85 for the first case and £11.28 for each additional case where a plea of not guilty is tendered or the case is continued without plea (under section 145 of the 1995 Act). The fees payable are subject to a maximum total fee of £182 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 £78.85 for the first case and £11.28 for each additional case where a plea of not guilty is tendered or the case continued without plea. The fees payable are subject to a maximum total fee of £127 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.
You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.
From 1 April 2022 if, as the duty solicitor, you are required to appear at a holiday court sitting for a person appearing from custody on the day on which that person is first brought to a court to answer a complaint, an additional fee of £88.16 shall be payable in respect of that case. The fee is not taken into account in relation to any of the fee caps that exist for duty work. “Holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014. "Ccourt holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995.
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:
The additional fees must be charged on the basis of the relevant fees set out in Schedule 1A, Part 1 of the table of fees. Such follow up fees do not cover the full range of fees that may otherwise be paid under criminal legal aid. There is a statutory cap on fees in any case where there is follow-up work under duty and the total aggregate fees for the case, including the £87.61 payment in respect of the initial guilty plea, may not exceed the limit of £276.
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 £180. 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 £11.28, as appropriate.
The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.
When you act as a 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)].
£79.50 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 £71.55 for the first case and £10.23 for each additional case where a plea of not guilty is tendered or the case is continued without plea (under section 145 of the 1995 Act). The fees payable are subject to a maximum total fee of £165 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 £71.55 for the first case and £10.23 for each additional case where a plea of not guilty is tendered or the case continued without plea. The fees payable are subject to a maximum total fee of £115 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.
You should only seek remuneration for an actual session before the court or should ask the court to declare a new session if appropriate.
From 1 April 2022 if, as the duty solicitor, you are required to appear at a holiday court sitting for a person appearing from custody on the day on which that person is first brought to a court to answer a complaint, an additional fee of £80 shall be payable in respect of that case. The fee is not taken into account in relation to any of the fee caps that exist for duty work. “Holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014. "Ccourt holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995.
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. There is a statutory cap on fees in any case where there is follow-up work under duty and the total aggregate fees for the case, including the £79.50 payment in respect of the initial guilty plea, may not exceed the limit of £250.
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 £10.23, as appropriate.
The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.
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)].
£75.71 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 £68.14 for the first case and £9.74 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 £68.14 for the first case and £9.74 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 £75.71 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 £9.74, as appropriate.
The disposal box in the claim form, instead of being marked “NG” or “CWP” should be marked as appropriate.
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.
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 1A
FEES OF SOLICITORS
(From 29 April 2023)
Notes on the operation of Schedule 1A
Application of Schedule 1A
1. Subject to paragraph 2, in relation to solemn criminal proceedings other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies—
(a) the fees payable to a solicitor for all work are to be calculated in accordance with the fees prescribed in Part 2 of the Table of Fees (fees for solemn first instance proceedings), and
(b) only the fees specified for that work in that Part are payable.
2. Where a solicitor carries out any of the work described in the following sub-paragraphs, the fees referred to in that sub-paragraph or sub-paragraphs are payable in addition to the fees payable in accordance with paragraph 1—
(a) attending an identification parade held by or on behalf of the prosecutor (within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995), in connection with or in contemplation of criminal proceedings against the person so represented, in which case the fees specified in regulation 5 of these Regulations will apply;
(b) work in connection with any appeal, or referral by the Lord Advocate, where those proceedings are covered by the grant of criminal legal aid in respect of the solemn first instance proceedings, in which case the fees specified in Part 1 of the Table of Fees (detailed fees) will apply to that work;
(c) where confiscation proceedings are being brought against the accused, and the confiscation is treated as part of the sentencing process, work that is covered under any existing grant of criminal legal aid, in which case the fees specified in Part 1 of the Table of Fees (detailed fees) will apply to that work.
3. In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with the fees prescribed in Part 1 of the Table of Fees (detailed fees).
4. Without prejudice to the discretion of the Board or the auditor, where fees are calculated in accordance with the fees prescribed in Part 1 of the Table of Fees (detailed fees) no fee is chargeable for—
(a) making a telephone call that is not answered;
(b) making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;
(c) framing a file note;
(d) framing a precognition following a meeting where a file note would suffice;
(e) perusing correspondence;
(f) a letter of acknowledgement, unless expressly requested or required;
(g) more than two consultations, except on cause shown;
(h) a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;
(i) more than one solicitor attending a meeting with the client, without the prior sanction of the Board;
(j) preparing for a hearing;
(k) more than one solicitor attending a hearing, without the prior sanction of the Board;
(l) during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;
Solemn Fees - General
5. Where a fee is payable under Part 2 of the Table of Fees (fees for solemn first instance proceedings) that fee includes any and all of the following work carried out in relation to the case to which the fee relates and accordingly no further claim may be made in relation to that work (whether such work is done by the nominated solicitor or by any other party)—
(a) the taking, drawing, framing and perusal of precognitions;
(b) the undertaking by a solicitor of any part of the work; and
(c) photocopying.
6. In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees (fees for solemn first instance proceedings) for the purposes of paragraph 1 of these Notes—
(a) for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–
(i) paragraph 3(a) is column A;
(ii) paragraph 3(b) or (c) is column B;
(b) for proceedings in the sheriff court is column C.
7. In a case in which an indictment has not been served (unless the matter is reduced to summary proceedings), the relevant column of Part 2 of the Table of Fees (fees for solemn first instance proceedings) for the purposes of paragraph 1 of these Notes—
(a) is column A if the proceedings relate to any of the following offences:—
(i) murder;
(ii) multiple attempted murder;
(iii) culpable homicide;
(iv) rape or an offence under section 1, 2, 3(2)(a) or any of sections 18 to 27 of the 2009 Act;
(v) assault and robbery involving commercial premises;
(vi) importation of controlled drugs;
(vii) an offence under section 1 of the 1988 Act (causing death by dangerous driving); section 3A (causing death by careless driving when under the influence of drink or drugs) or 3ZB (causing death by driving while unlicensed or uninsured) of the 1988 Act;
(viii) an offence under the Explosive Substances Act 1883;
(ix) a firearms offence;
(x) incest;
(xi) sodomy
(xii) sedition;
(xiii) treason;
(xiv) torture; and
(xv) war crimes;
(xvi) an offence under the 2000 Act or the Terrorism Act 2006;
(xvii) an offence under section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015;
(b) is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).
8. In relation to paragraph 6 of these Notes—
(a) where there is more than one offence on the indictment the applicable offence for the purpose of ascertaining the relevant column of Part 2 of the Table of Fees is to be determined as the Board, or as the case may be the auditor, considers appropriate, having regard to the offence on the indictment that in their view is the most serious;
(b) where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.
9. The fees prescribed in paragraphs 1, 3, 5 and 6 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) are payable only once in any proceedings which are covered by the grant of legal aid.
Solemn Fees - Perusal and Preparation
10. In respect of perusal fees under paragraph 4 of Part 2 of the Table of Fees (fees for solemn first instance proceedings)—
(a) where the disclosed material is a combination of statements etc. (payable on the basis of sheets considered), audio/video (payable on the basis of runtime), and other material (payable on the basis of reasonable time engaged), the standard fee will be calculated on the basis of the aggregate total of sheets, minutes of audio/video runtime and minutes reasonably engaged, payable per tranche of 250;
(b) where the amount of disclosure exceeds 50,000 sheets or minutes in any case the first 50,000 sheets or minutes remain payable at the prescribed rate in the Tables of Fees, and each tranche of 250 in excess of 50,000 will be payable at 50% of the prescribed rate.
11. Where a perusal fee is claimed under paragraph 4 of Part 2 of the Table of Fees (fees for solemn first instance proceedings)—
(a) the fee payable is calculated on the basis of the documentation which has been actually and reasonably considered, due regard being had to economy;
(b) the fee is only payable if the Board, or as the case may be the auditor, is satisfied that—
(i) the level of perusal was necessary, reasonable and proportionate in all the circumstances of the case, and
(ii) there has been due regard to the manner of perusal and reasonably available tools and aids;
(c) the solicitor must—
(i) produce, if requested, records providing a detailed summary of the nature of the work or, if applicable, the nature of the documentation perused, at each stage of the process, the time taken and when and where the work was undertaken, and
(ii) retain, and if requested produce, any contemporaneous record or notes made in the course of the perusals.
12.— (1) The preparation fee under paragraph 5 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) includes the perusal of—
(a) the first 50 sheets, minutes or labels where a fee is payable under paragraph 5(a) or (c) of that Part of the Table of Fees;
(b) the first 1,000 sheets, minutes or labels where a fee is payable under paragraph 5(b) of that Part of the Table of Fees.
(2) Where a preparation fee is payable under paragraph 5 of Part 2 of the Table of Fees (fees for solemn first instance proceedings), a perusal fee under paragraph 4 of that Part is only payable in respect of any perusal not included in sub-paragraph (1).
(3) No fee is payable under paragraph 5 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) until the case to which it relates has concluded.
13.— (1) The preparation fee payable under paragraph 5 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) in a case will be determined—
(a) subject to sub-paragraph (2), by how proceedings are finally disposed of in that case where—
(i) a diet has been deserted pro loco et tempore; or
(ii) a trial diet does not proceed and the procedure in section 81 of the Criminal procedure (Scotland) Act 1995 is followed;
(b) where proceedings are covered by an existing grant of legal aid, in accordance with any guidance issued from time to time by the Board.
(2) Where upon re-indictment following desertion pro loco et tempore after trial commenced on an earlier indictment, the case is disposed of by any means, the solicitor may elect the fee payable under paragraph 5 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) either on the basis of the prior indictment or the final disposal.
Solemn and Summary - Calculation of fees based on time charges
14. The fees prescribed in paragraphs 1, 8 and 9 of Part 1 of the Table of Fees (detailed fees), and in paragraphs 7, 9, 10 and 11 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) are payable on the basis of the aggregate actual time engaged on the case, per day.
15.— (1) A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (whether such other case is legally aided or not).
(2) Waiting should be charged to the first case calling except where waiting time is in respect of multiple attendances for the same accused. In that case, the waiting fee should be apportioned equally between each of the relevant cases (whether the cases are legally aided or not).
(3) No waiting time is payable in respect of the period of time during the court’s lunch break.
16.—(1) A fee for travelling time is chargeable only for time necessarily spent travelling to and from—
(a) court, provided that—
(i) a fee is chargeable for the work undertaken at the court; and
(ii) the court is not in a town or place where the solicitor has a place of business;
(b) a meeting with the client
(i) in prison; or
(ii) elsewhere, if the client is unable to travel on medical grounds;
(c) a meeting with the Procurator Fiscal or Advocate Depute at their office;
(d) a consultation with counsel or an expert witness provided that, where necessary, prior approval to engage their services has been obtained from the Board;
(e) a locus inspection;
(f) an examination of productions.
(2) Where a fee for travelling time is claimed that falls within any of heads (b) to (f) of sub-paragraph (1) in respect of travel undertaken in relation to work for which a fee is payable under paragraphs 1 to 6 of Part 2 of the Table of Fees (fees for solemn first instance proceedings), no additional fee may be claimed in respect of any work done during that time spent travelling unless that work is separately chargeable in terms of paragraph 2(b) or (c) of these Notes.
(3) A fee for travelling time is chargeable in circumstances other than those listed in sub-paragraph (1) only if the Board, or as the case may be the auditor, is satisfied that it was necessary for the advancement of the case that the solicitor be physically present at the place travelled to.
(4) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.
(5) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (whether legally aided or not) in connection with which the travel was undertaken.
(6) The travel fees chargeable will be based on the total time engaged in travel that day.
(7) Travel will be chargeable from the place of business or employment of the person travelling to the relevant location, except where travel—
(a) commences from or concludes at that person’s place of residence (or both commences and concludes at that place), and
(b) is of a shorter distance than travel to the relevant location from their place of business or employment would have been.
Solemn and Summary Cases - Research
17.—(1) The fee prescribed in paragraph 9 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the conditions in sub-paragraph (2) are met.
(2) The conditions are that
(a) the case is either—
(i) a summary case in respect of which—
(aa) Part 1 of the Table of Fees (detailed fees) applies, and
(bb) the Board considers the circumstances of the case to be exceptional, or
(ii) a solemn case in which either—
(aa) the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees), or
(bb) fees are payable in terms of paragraph 2(b) or (c) of these Notes, and
(b) the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.
Solemn Cases - Transfer of agency
18. Where agency is transferred from one solicitor to another—
(a) the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;
(b) the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.
(c) in relation to the fees to which paragraph 9 of these Notes applies, no fee is payable to the transferring solicitor for a block of work not completed at the point of transfer unless and until the remaining work of that block is completed;
(d) no fee is payable to the transferee solicitor under paragraph 4 of Part 2 of the Table of Fees (fees for solemn first instance proceedings) in respect of any documentation that has already been made available and perused by the transferring solicitor where—
(i) the transfer takes place post-conviction,
(ii) the work is in relation to confiscation proceedings, and
(ii) the work is covered under any existing grant of criminal legal aid.
Solemn Cases payable under Part 1 - Precognitions
19.—(1) The fee for time spent by a solicitor in connection with a precognition to which this paragraph applies is—
(a) for travelling, the fee prescribed in paragraph 8(a) of Part 1 of the Table of Fees (detailed fees);
(b) for taking a statement, the fee prescribed in paragraph 9(a) of that Part of that Table.
(2) This paragraph applies to a precognition in relation to solemn proceedings if—
(a) the fees payable to a solicitor in relation to those proceedings are to be calculated in accordance with Part 1 of the Table of Fees (detailed fees); and
(b) either—
(i) it is the first precognition of the client; or
(ii) cause is shown that the statement had to be taken by a solicitor.
Interpretation
20. In this Schedule—
“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;
“hearing” includes diet;
“minute” means—
(a) in relation to perusal work to which paragraph 4(b) of Part 2 of the Table of Fees (fees for solemn first instance proceedings) applies, a minute of running time of any un-transcribed audio or video recording; and
(b) in relation to perusal work to which paragraph 4(c) of Part 2 of the Table of Fees (fees for solemn first instance proceedings) applies, a minute of the actual time spent perusing any documentation or material covered in that paragraph in a manner appropriate in all the circumstances of the case;
“other material” means telephony/computer records, outputs/labels/photographs or any material or documentation not otherwise covered by paragraph 4(a) or (b) of Part 2 of the Table of Fees (fees for solemn first instance proceedings).
a “page” shall consist of 125 words or numbers;
“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;
a “sheet” shall consist of 250 words or numbers; and
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 | £34.32 | |||||
(ii) | each quarter hour spent, subsequent to the first half hour, conducting the hearing | £17.17 | |||||
(b) | in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing | £21.48 | |||||
2. | Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination. | £88.16 | £88.16 | ||||
3. | The fee for any of the following:— | £7.52 | £8.17 | ||||
(a) | each citation of a witness, including execution; | ||||||
(b) | framing and drawing necessary papers other than those referred to in paragraph 4(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 5(b)(iii); and | ||||||
(e) | letters, including instructions to counsel, per page (or part thereof), subject to paragraph 4(b). | ||||||
4. | The fee for any of the following:— | £3.04 | £3.25 | ||||
(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 5(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. | ||||||
5. | In connection with taking a precognition in relation to solemn proceedings— | ||||||
(a) | subject to paragraph 19 of the notes on the operation of schedule 1A, the fee for each hour (or part thereof) spent— | ||||||
(i) | travelling | £13.57 | |||||
(ii) | taking a statement | £13.57 | |||||
(b) | the fee for— | ||||||
(i) | framing the precognition, per sheet | £2.85 | |||||
(ii) | each letter making arrangements for taking a statement | £1.72 | |||||
(iii) | a telephone call, of any duration | £1.13 | |||||
6. | |||||||
Subject to sub-paragraph 7, 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 | ||||
7. | |||||||
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. | ||||||
8. | The fee for each quarter of an hour spent travelling— | ||||||
(a) | by a solicitor | £6.63 | £7.18 | ||||
(b) | by a solicitor’s clerk | £3.31 | £3.60 | ||||
9. | 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 | £13.23 | £14.32 | ||||
(b) | by a solicitor’s clerk | £6.59 | £7.18 |
PART 2
FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS
Column A | Column B | Column C | |||
1. The fee for all work except where prescribed in paragraph 2 or in paragraphs 6-10, from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law— | |||||
(a) | where at the first examination the client is either— | £178.31 | £156.03 | £66.88 | |
(i) | not committed for further examination; or | ||||
(ii) | committed for further examination and admitted to bail. | ||||
(b) | in any other case | £267.47 | £245.19 | £156.03 | |
2. The fee for all work in connection with a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | £66.88 | £66.88 | £66.88 | ||
3. The fee for all forms of communications in the case including meetings, consultations, letters, telephone calls, etc. from the conclusion of the work in paragraph 1 up to and including the commencement of any work for which a fee is payable in accordance with paragraph 6. | £794.91 | £567.79 | £227.12 | ||
4. Perusal fee. Fee payable for any perusal not included in a fee claimed and payable under paragraph 5– | |||||
(a) | for the first 250 sheets of documentation where separately chargeable, and each subsequent 250 sheets, | £227.12 | £227.12 | £227.12 | |
(b) | for each 250 minutes of recorded video or audio material, where separately chargeable, | £227.12 | £227.12 | £227.12 | |
(c) | for each 250 minutes of other material, where separately chargeable. | £227.12 | £227.12 | £227.12 | |
5. Preparation fee. Except where a separate fee is otherwise prescribed, the fee for all other work in the case from the conclusion of the work in paragraph 1, including perusal work (in respect of which see paragraph 12 of the Notes on the operation of this Schedule), where- | |||||
(a) | (i) | the case proceeds to trial, | £1,357.26 | £1,130.14 | £903.03 |
(ii) | on or after the day fixed for trial, the Crown withdraws any libel against the client, or | ||||
(iii) | a lesser plea is accepted by the Crown on the day the case has been brought to trial, | ||||
(b) | the case is disposed of by way of a hearing under section 76 of the 1995 Act, | £1,419.48 | £1,419.48 | £1,135.58 | |
(c) | the case is disposed of by any other means. | £618.90 | £519.54 | £363.39 | |
6. The fee for all work in connection with post-conviction discussions, including advising and giving an opinion on the prospects of any appeal | £207.65 | £207.65 | £118.50 | ||
7. The fee for each quarter of an hour spent by a solicitor conducting the hearing. | £23.46 | £23.46 | £23.46 | ||
8. Supplementary fee, payable in addition to the fee under paragraph 7, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination | £88.16 | £88.16 | £88.16 | ||
9. The fee, where counsel conducts the hearing, for each quarter of an hour spent by- | |||||
(a) | a solicitor, | £15.49 | £15.49 | £15.49 | |
(b) | a solicitor's clerk, | £7.18 | £7.18 | £7.18 | |
10. . The fee for each quarter of an hour spent waiting at court- | |||||
(a) | by a solicitor, | £14.32 | £14.32 | £14.32 | |
(b) | by a solicitor's clerk, | £7.18 | £7.18 | £7.18 | |
11. The fee for each quarter of an hour spent travelling- | |||||
(a) | by a solicitor, | £7.18 | £7.18 | £7.18 | |
(b) | by a solicitor's clerk, | £3.60 | £3.60 | £3.60 |
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 1
FEES OF SOLICITORS
(Before 29 April 2023)
Notes on the operation of Schedule 1
1.—
(1) In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-—
(a) for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;
(b) for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).
(2) In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–
(a) for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–
(i) paragraph 3(a) is column A;
(ii) paragraph 3(b) or (c) is column B;
(b) for proceedings in the sheriff court is column C.
(3) In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)—
(a) is column A if the proceedings relate to any of the following offences:—
(i) murder;
(ii) multiple attempted murder;
(iii) culpable homicide;
(iv) rape;
(v) assault and robbery involving commercial premises;
(vi) importation of controlled drugs;
(vii) an offence under section 1 of the 1988 Act (causing death by dangerous driving);
(viii) an offence under the Explosive Substances Act 1883;
(ix) a firearms offence;
(x) incest;
(xi) sodomy
(xii) sedition;
(xiii) treason;
(xiv) torture; and
(xv) war crimes;
(b) is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).
(3A) Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.
(4) For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.
(5) The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–
(a) travel;
(b) attending locus visits;
(c) work in connection with the taking of a witness precognition;
(d) perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;
(e) instructing expert witnesses;
(f) conducting, or attending court when counsel is conducting, a hearing;
(g) time spent waiting;
(h) post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and
(i) the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.
2. In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.
3. Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for—
(a) making a telephone call that is not answered;
(b) making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;
(c) framing a file note;
(d) framing a precognition following a meeting where a file note would suffice;
(e) perusing correspondence;
(f) a letter of acknowledgement, unless expressly requested or required;
(g) more than two consultations, except on cause shown;
(h) a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;
(i) more than one solicitor attending a meeting with the client, without the prior sanction of the Board;
(j) preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);
(k) preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless—
(i) the indictment, containing a libel against the client, proceeds to trial; or
(ii) on or after the day fixed for trial, the Crown withdraws any libel against the client.
(l) preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;
(m) preparing for a subsequent day of trial if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;
(n) more than one solicitor attending a hearing, without the prior sanction of the Board;
(o) during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;
(p) settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.
3A. (1) In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.
(2) Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.
Calculation of fees for time at court and travelling
3AA. The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.
Research
3B. The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:—
(a) the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and
(b) the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.
Time spent waiting and travelling
4. A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).
5.—(1) Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from—
(a) court, provided that—
(i) a fee is chargeable for the work undertaken at the court; and
(ii) the court is not in a town or place where the solicitor has a place of business;
(b) a meeting with the client
(i) in prison; or
(ii) Selsewhere, if the client is unable to travel on medical grounds;
(c) a meeting with the Procurator Fiscal or Advocate Depute at their office;
(d) a consultation with counsel or an expert witness;
(e) a locus inspection;
(f) court, provided that—
(2) an examination of productions.
(3) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.
(4) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.
Transfer of agency
6. Where agency is transferred from one solicitor to another—
(a) the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;
(b) the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.
Uplifts
7.—(1) The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £14.89 for each quarter of an hour.
(2) This paragraph applies to a precognition in relation to solemn proceedings if—
(a) it is the first precognition of the client; or
(b) cause is shown that the statement had to be taken by a solicitor.
Interpretation
8. In this Schedule—
“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;
“hearing” includes diet;
“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;
a “sheet” shall consist of 250 words or numbers; and
a “page” shall consist of 125 words or numbers.
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 | £34.32 | |||||
(ii) | each quarter hour spent, subsequent to the first half hour, conducting the hearing | £17.17 | |||||
(b) | in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing | £21.48 | |||||
1A | Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination. | £88.16 | £88.16 | ||||
2. | The fee for any of the following:— | £7.52 | £8.17 | ||||
(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:— | £3.04 | £3.25 | ||||
(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 | £13.57 | |||||
(ii) | taking a statement | £13.57 | |||||
(b) | the fee for— | ||||||
(i) | framing the precognition, per sheet | £2.85 | |||||
(ii) | each letter making arrangements for taking a statement | £1.72 | |||||
(iii) | a telephone call, of any duration | £1.13 | |||||
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 | £6.63 | £7.18 | ||||
(b) | by a solicitor’s clerk | £3.31 | £3.60 | ||||
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 | £13.23 | £14.32 | ||||
(b) | by a solicitor’s clerk | £6.59 | £7.18 |
PART 2
INCLUSIVE FEES
Column A | Column B | Column C | |||
1. The fee for all 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 | £178.31 | £156.03 | £66.88 | |
(ii) | committed for further examination and admitted to bail. | ||||
(b) | at the first examination the client is committed for further examination and not admitted to bail. | £267.47 | £245.19 | £156.03 | |
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | £66.88 | £66.88 | £66.88 | ||
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 | £512.64 | £356.62 | £178.31 | ||
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 | £468.06 | £334.34 | £178.31 | |
(b) | a subsequent day of trial | £178.31 | £133.75 | £44.59 | |
4A. The fee for preparation for | £44.59 | £44.59 | £44.59 | ||
(a) | a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty); | ||||
(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 | £207.65 | £207.65 | £118.50 | ||
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:– | £178.31 | £178.31 | £178.31 | ||
(a) | a devolution issue, in terms of Schedule 6 to the Scotland Act 1998; | ||||
(ab) | a compatibility issue in terms of section 288ZA of the 1995 Act; | ||||
(b) | a vulnerable witnesses 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. |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 1
FEES OF SOLICITORS
Notes on the operation of Schedule 1
1.—
(1) In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-—
(a) for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;
(b) for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).
(2) In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–
(a) for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–
(i) paragraph 3(a) is column A;
(ii) paragraph 3(b) or (c) is column B;
(b) for proceedings in the sheriff court is column C.
(3) In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)—
(a) is column A if the proceedings relate to any of the following offences:—
(i) murder;
(ii) multiple attempted murder;
(iii) culpable homicide;
(iv) rape;
(v) assault and robbery involving commercial premises;
(vi) importation of controlled drugs;
(vii) an offence under section 1 of the 1988 Act (causing death by dangerous driving);
(viii) an offence under the Explosive Substances Act 1883;
(ix) a firearms offence;
(x) incest;
(xi) sodomy
(xii) sedition;
(xiii) treason;
(xiv) torture; and
(xv) war crimes;
(b) is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).
(3A) Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.
(4) For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.
(5) The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–
(a) travel;
(b) attending locus visits;
(c) work in connection with the taking of a witness precognition;
(d) perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;
(e) instructing expert witnesses;
(f) conducting, or attending court when counsel is conducting, a hearing;
(g) time spent waiting;
(h) post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and
(i) the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.
2. In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.
3. Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for—
(a) making a telephone call that is not answered;
(b) making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;
(c) framing a file note;
(d) framing a precognition following a meeting where a file note would suffice;
(e) perusing correspondence;
(f) a letter of acknowledgement, unless expressly requested or required;
(g) more than two consultations, except on cause shown;
(h) a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;
(i) more than one solicitor attending a meeting with the client, without the prior sanction of the Board;
(j) preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);
(k) preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless—
(i) the indictment, containing a libel against the client, proceeds to trial; or
(ii) on or after the day fixed for trial, the Crown withdraws any libel against the client.
(l) preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;
(m) preparing for a subsequent day of trial if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;
(n) more than one solicitor attending a hearing, without the prior sanction of the Board;
(o) during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;
(p) settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.
3A. (1) In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.
(2) Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.
Calculation of fees for time at court and travelling
3AA. The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.
Research
3B. The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:—
(a) the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and
(b) the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.
Time spent waiting and travelling
4. A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).
5.—(1) Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from—
(a) court, provided that—
(i) a fee is chargeable for the work undertaken at the court; and
(ii) the court is not in a town or place where the solicitor has a place of business;
(b) a meeting with the client
(i) in prison; or
(ii) Selsewhere, if the client is unable to travel on medical grounds;
(c) a meeting with the Procurator Fiscal or Advocate Depute at their office;
(d) a consultation with counsel or an expert witness;
(e) a locus inspection;
(f) court, provided that—
(2) an examination of productions.
(3) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.
(4) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.
Transfer of agency
6. Where agency is transferred from one solicitor to another—
(a) the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;
(b) the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.
Uplifts
7.—(1) The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £14.41 for each quarter of an hour.
(2) This paragraph applies to a precognition in relation to solemn proceedings if—
(a) it is the first precognition of the client; or
(b) cause is shown that the statement had to be taken by a solicitor.
Interpretation
8. In this Schedule—
“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;
“hearing” includes diet;
“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;
“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;
a “sheet” shall consist of 250 words or numbers; and
a “page” shall consist of 125 words or numbers.
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 | £31.14 | |||||
(ii) | each quarter hour spent, subsequent to the first half hour, conducting the hearing | £15.58 | |||||
(b) | in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing | £20.79 | |||||
1A | Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination. | £80.00 | £80.00 | ||||
2. | The fee for any of the following:— | £6.82 | £7.90 | ||||
(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:— | £2.75 | £3.14 | ||||
(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 | £13.13 | |||||
(ii) | taking a statement | £13.13 | |||||
(b) | the fee for— | ||||||
(i) | framing the precognition, per sheet | £2.75 | |||||
(ii) | each letter making arrangements for taking a statement | £1.66 | |||||
(iii) | a telephone call, of any duration | £1.09 | |||||
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 | £6.01 | £6.95 | ||||
(b) | by a solicitor’s clerk | £3.00 | £3.48 | ||||
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 | £12.00 | £13.86 | ||||
(b) | by a solicitor’s clerk | £5.98 | £6.95 |
PART 2
INCLUSIVE FEES
Column A | Column B | Column C | |||
1. The fee for all 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 | £172.61 | £151.04 | £64.74 | |
(ii) | committed for further examination and admitted to bail. | ||||
(b) | at the first examination the client is committed for further examination and not admitted to bail. | £258.92 | £237.35 | £151.04 | |
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | £64.74 | £64.74 | £64.74 | ||
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 | £496.26 | £345.22 | £172.61 | ||
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 | £453.10 | £323.65 | £172.61 | |
(b) | a subsequent day of trial | £172.61 | £129.47 | £43.16 | |
4A. The fee for preparation for | £43.16 | £43.16 | £43.16 | ||
(a) | a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty); | ||||
(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 | £201.01 | £201.01 | £114.71 | ||
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:– | £172.61 | £172.61 | £172.61 | ||
(a) | a devolution issue, in terms of Schedule 6 to the Scotland Act 1998; | ||||
(ab) | a compatibility issue in terms of section 288ZA of the 1995 Act; | ||||
(b) | a vulnerable witnesses 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. |
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 1
FEES OF SOLICITORS
Notes on the operation of Schedule 1
1.—
(1) In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-—
(a) for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;
(b) for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).
(2) In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–
(a) for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–
(i) paragraph 3(a) is column A;
(ii) paragraph 3(b) or (c) is column B;
(b) for proceedings in the sheriff court is column C.
(3) In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)—
(a) is column A if the proceedings relate to any of the following offences:—
(i) murder;
(ii) multiple attempted murder;
(iii) culpable homicide;
(iv) rape;
(v) assault and robbery involving commercial premises;
(vi) importation of controlled drugs;
(vii) an offence under section 1 of the 1988 Act (causing death by dangerous driving);
(viii) an offence under the Explosive Substances Act 1883;
(ix) a firearms offence;
(x) incest;
(xi) sodomy
(xii) sedition;
(xiii) treason;
(xiv) torture; and
(xv) war crimes;
(b) is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).
(3A) Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.
(4) For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.
(5) The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–
(a) travel;
(b) attending locus visits;
(c) work in connection with the taking of a witness precognition;
(d) perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;
(e) instructing expert witnesses;
(f) conducting, or attending court when counsel is conducting, a hearing;
(g) time spent waiting;
(h) post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and
(i) the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.
2. In relation to summary criminal proceedings, including appeals, the fee for any item of work is to be calculated in accordance with Part 1 of the Table of Fees.
3. Without prejudice to the discretion of the Board or auditor in relation to summary proceedings, in solemn proceedings no fee is chargeable for—
(a) making a telephone call that is not answered;
(b) making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;
(c) framing a file note;
(d) framing a precognition following a meeting where a file note would suffice;
(e) perusing correspondence;
(f) a letter of acknowledgement, unless expressly requested or required;
(g) more than two consultations, except on cause shown;
(h) a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;
(i) more than one solicitor attending a meeting with the client, without the prior sanction of the Board;
(j) preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);
(k) preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless—
(i) the indictment, containing a libel against the client, proceeds to trial; or
(ii) on or after the day fixed for trial, the Crown withdraws any libel against the client.
(l) preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;
(m) preparing for a subsequent day of trial if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;
(n) more than one solicitor attending a hearing, without the prior sanction of the Board;
(o) during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;
(p) settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.
3A. (1) In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.
(2) Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.
Calculation of fees for time at court and travelling
3AA. The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.
Research
3B. The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:—
(a) the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and
(b) the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.
Time spent waiting and travelling
4. A fee for time spent waiting is chargeable only for time necessarily spent waiting at court for a hearing, provided that time has not been occupied in connection with another case (legally aided or not).
5.—(1) Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from—
(a) court, provided that—
(i) a fee is chargeable for the work undertaken at the court; and
(ii) the court is not in a town or place where the solicitor has a place of business;
(b) a meeting with the client
(i) in prison; or
(ii) Selsewhere, if the client is unable to travel on medical grounds;
(c) a meeting with the Procurator Fiscal or Advocate Depute at their office;
(d) a consultation with counsel or an expert witness;
(e) a locus inspection;
(f) court, provided that—
(2) an examination of productions.
(3) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.
(4) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.
Transfer of agency
6. Where agency is transferred from one solicitor to another—
(a) the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;
(b) the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.
Uplifts
7.—(1) The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £13.72 for each quarter of an hour.
(2) This paragraph applies to a precognition in relation to solemn proceedings if—
(a) it is the first precognition of the client; or
(b) cause is shown that the statement had to be taken by a solicitor.
Interpretation
8. In this Schedule—
“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;
“hearing” includes diet;
“court” means the Supreme Court, the High Court of Justiciary, the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;
“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;
a “sheet” shall consist of 250 words or numbers; and
a “page” shall consist of 125 words or numbers.
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 | £29.65 | |||||
(ii) | each quarter hour spent, subsequent to the first half hour, conducting the hearing | £14.83 | |||||
(b) | in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing | £19.80 | |||||
2. | The fee for any of the following:— | £6.49 | £7.52 | ||||
(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:— | £2.61 | £2.99 | ||||
(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 | £12.50 | |||||
(ii) | taking a statement | £12.50 | |||||
(b) | the fee for— | ||||||
(i) | framing the precognition, per sheet | £2.61 | |||||
(ii) | each letter making arrangements for taking a statement | £1.58 | |||||
(iii) | a telephone call, of any duration | £1.03 | |||||
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 | £5.72 | £6.61 | ||||
(b) | by a solicitor’s clerk | £2.85 | £3.31 | ||||
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 | £11.42 | £13.20 | ||||
(b) | by a solicitor’s clerk | £5.69 | £6.61 |
PART 2
INCLUSIVE FEES
Column A | Column B | Column C | |||
1. The fee for all 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 | £164.39 | £143.84 | £61.65 | |
(ii) | committed for further examination and admitted to bail. | ||||
(b) | at the first examination the client is committed for further examination and not admitted to bail. | £246.59 | £226.04 | £143.84 | |
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | £61.65 | £61.65 | £61.65 | ||
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 | £472.62 | £328.78 | £164.39 | ||
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 | £431.52 | £308.23 | £164.39 | |
(b) | a subsequent day of trial | £164.39 | £123.30 | £41.10 | |
4A. The fee for preparation for | £41.10 | £41.10 | £41.10 | ||
(a) | a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty); | ||||
(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 | £191.43 | £191.43 | £109.24 | ||
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:– | £164.39 | £164.39 | £164.39 | ||
(a) | a devolution issue, in terms of Schedule 6 to the Scotland Act 1998; | ||||
(ab) | a compatibility issue in terms of section 288ZA of the 1995 Act; | ||||
(b) | a vulnerable witnesses 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. |
Schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
1.—
[53]In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-
(a)for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;
(b)for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).
(2) In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–
(a)for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–
(i)paragraph 3(a) is column A;
(ii)paragraph 3(b) or (c) is column B;
(b)for proceedings in the sheriff court is column C.
(3) In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–
(a) is column A if the proceedings relate to any of the following offences:—
(i) murder;
(ii) multiple attempted murder;
(iii) culpable homicide;
(iv) rape;
(v) assault and robbery involving commercial premises;
(vi) importation of controlled drugs;
(vii) an offence under section 1 of the 1988 Act (causing death by dangerous driving);
(viii) an offence under the Explosive Substances Act 1883;
(ix) a firearms offence;
(x) incest;
(xi) sodomy;
(xii) sedition;
(xiii) treason;
(xiv) torture; and
(xv) war crimes;
(b) is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).
[54](3A) Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.
(4) For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.
(5) [55]The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees [56]and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–
(a) travel;
(b) attending locus visits;
(c) work in connection with the taking of a witness precognition;
(d) perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;
(e) instructing expert witnesses;
(f) conducting, or attending court when counsel is conducting, a hearing;
(g) time spent waiting;
(h) post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and
(i) the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.
(a)making a telephone call that is not answered;
(b)making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;
(c)framing a file note;
(d)framing a precognition following a meeting where a file note would suffice;
(e)perusing correspondence;
(f)a letter of acknowledgement, unless expressly requested or required;
(g)more than two consultations, except on cause shown;
(h)a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;
(i)more than one solicitor attending a meeting with the client, without the prior sanction of the Board;
(j)[57]preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);
(k)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless-
(i) the indictment, containing a libel against the client, proceeds to trial; or
(ii) on or after the day fixed for trial, the Crown withdraws any libel against the client.
(l)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;
(m)preparing for a subsequent day of trial[58] if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;
(n)more than one solicitor attending a hearing, without the prior sanction of the Board;
(o)during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;
(p)settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.
[59]3A. (1) In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.
(2)Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.
[60]Calculation of fees for time at court and travelling
3AA. The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.
Research
3B. The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:-
(a)the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and
(b)the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.
Time spent waiting and travelling
5.—(1) Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from–
(a)court, provided that–
(i) a fee is chargeable for the work undertaken at the court; and
(ii) the court is not in a town or place where the solicitor has a place of business;
(b)a meeting with the client–
(i) in prison; or
(ii) elsewhere, if the client is unable to travel on medical grounds;
(c)a meeting with the Procurator Fiscal or Advocate Depute at their office;
(d)a consultation with counsel or an expert witness;
(e)a locus inspection;
(f)an examination of productions.
(2) A fee for travelling time is chargeable in circumstances other than those listed in sub-paragraph (1) only if the Board, or as the case may be the auditor, is satisfied that it was necessary for the advancement of the case that the solicitor be physically present at the place travelled to.
(3) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.
(4) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.
Transfer of agency
(a)the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;
(b)the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.
Uplifts
7.—(1) The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £13.06[61] for each quarter of an hour.
(2) This paragraph applies to a precognition in relation to solemn proceedings if–
(a)it is the first precognition of the client; or
(b)cause is shown that the statement had to be taken by a solicitor.
Interpretation
“court” means the Supreme Court, the High Court of Justiciary, [62]the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;
“hearing” includes diet;
“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;
a “sheet” shall consist of 250 words or numbers; and
a “page” shall consist of 125 words or numbers.
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).
1.—
[53]In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:-
(a)for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;
(b)for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).
(2) In a case in which an indictment has been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–
(a)for proceedings in the High Court of Justiciary which relate to an offence listed in Schedule 2, Part I, Chapter 1–
(i)paragraph 3(a) is column A;
(ii)paragraph 3(b) or (c) is column B;
(b)for proceedings in the sheriff court is column C.
(3) In a case in which an indictment has not been served, the relevant column of Part 2 of the Table of Fees for the purposes of sub-paragraph (1)(a)–
(a) is column A if the proceedings relate to any of the following offences:—
(i) murder;
(ii) multiple attempted murder;
(iii) culpable homicide;
(iv) rape;
(v) assault and robbery involving commercial premises;
(vi) importation of controlled drugs;
(vii) an offence under section 1 of the 1988 Act (causing death by dangerous driving);
(viii) an offence under the Explosive Substances Act 1883;
(ix) a firearms offence;
(x) incest;
(xi) sodomy;
(xii) sedition;
(xiii) treason;
(xiv) torture; and
(xv) war crimes;
(b) is column C if the proceedings do not relate to any of offences specified in sub-paragraph (a).
[54](3A) Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.
(4) For the purposes of sub-paragraph (2)(a), where the proceedings relate to an offence which is not listed in paragraph 3(a), (b) or (c) of Chapter 1 of Part I of Schedule 2 the offence is deemed to be listed in whichever of those sub-paragraphs the Board, or as the case may be the auditor, considers appropriate having regard to all the circumstances.
(5) [55]The following items of work do not fall within any block of work prescribed in Part 2 of the Table of Fees [56]and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)–
(a) travel;
(b) attending locus visits;
(c) work in connection with the taking of a witness precognition;
(d) perusing, for the first time, the indictment, witness lists, statements, productions and labels received from the Crown and defence precognitions;
(e) instructing expert witnesses;
(f) conducting, or attending court when counsel is conducting, a hearing;
(g) time spent waiting;
(h) post conviction work, except for the work described in paragraph 5 of Part 2 of the Table of Fees; and
(i) the work described in paragraph 3 of Part 2 of the Table of Fees, where the Board is satisfied that the case raised unusually complex issues of fact.
(a)making a telephone call that is not answered;
(b)making a telephone call that is answered only by an automated device or system that allows the caller to record a message, except on cause shown;
(c)framing a file note;
(d)framing a precognition following a meeting where a file note would suffice;
(e)perusing correspondence;
(f)a letter of acknowledgement, unless expressly requested or required;
(g)more than two consultations, except on cause shown;
(h)a meeting with the client, unless it is clear from a brief narrative in the account that information was received from or imparted to the client at the meeting advancing the case;
(i)more than one solicitor attending a meeting with the client, without the prior sanction of the Board;
(j)[57]preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);
(k)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates unless-
(i) the indictment, containing a libel against the client, proceeds to trial; or
(ii) on or after the day fixed for trial, the Crown withdraws any libel against the client.
(l)preparing for a hearing to which paragraph 4(a) of Part 2 of the Table of Fees relates if a fee under that paragraph has already been charged in respect of the case;
(m)preparing for a subsequent day of trial[58] if more than two fees have already been charged under paragraph 4(b) of Part 2 of the Table of Fees;
(n)more than one solicitor attending a hearing, without the prior sanction of the Board;
(o)during the court’s lunch break, time spent at court for a hearing or travelling to or from court, except on cause shown;
(p)settling with witnesses in respect of a trial where a fee is charged in terms of paragraph 4(a) of Part 2 of the Table of Fees.
[59]3A. (1) In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4(A)(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.
(2)Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.
[60]Calculation of fees for time at court and travelling
3AA. The fees under paragraphs 1, 5A and paragraph 6 (where the work referred to in that paragraph relates to work done at court) of Part 1 of the Table of Fees, and the fees under paragraph 7 of these Notes (where the statement referred to in that paragraph is taken at court) are payable on the basis of the total time engaged per day.
Research
3B. The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:-
(a)the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and
(b)the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.
Time spent waiting and travelling
5.—(1) Subject to sub-paragraph (2), a fee for travelling time is chargeable only for time necessarily spent travelling to and from–
(a)court, provided that–
(i) a fee is chargeable for the work undertaken at the court; and
(ii) the court is not in a town or place where the solicitor has a place of business;
(b)a meeting with the client–
(i) in prison; or
(ii) elsewhere, if the client is unable to travel on medical grounds;
(c)a meeting with the Procurator Fiscal or Advocate Depute at their office;
(d)a consultation with counsel or an expert witness;
(e)a locus inspection;
(f)an examination of productions.
(2) A fee for travelling time is chargeable in circumstances other than those listed in sub-paragraph (1) only if the Board, or as the case may be the auditor, is satisfied that it was necessary for the advancement of the case that the solicitor be physically present at the place travelled to.
(3) A fee for travelling time is not chargeable if it would have been more economical to use a local solicitor, unless it was reasonable in the interests of the client that the nominated solicitor, or a solicitor assisting the nominated solicitor in terms of regulation 4(3), attended personally.
(4) The fee chargeable for travelling time is the fee for time necessarily spent travelling divided by the number of cases (legally aided or not) in connection with which the travel was undertaken.
Transfer of agency
(a)the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor;
(b)the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.
Uplifts
7.—(1) The fee for time spent by a solicitor travelling and taking a statement in connection with a precognition to which this paragraph applies is £13.06[61] for each quarter of an hour.
(2) This paragraph applies to a precognition in relation to solemn proceedings if–
(a)it is the first precognition of the client; or
(b)cause is shown that the statement had to be taken by a solicitor.
Interpretation
“court” means the Supreme Court, the High Court of Justiciary, [62]the Sheriff Appeal Court, the sheriff court, the justice of the peace court or any remaining district court as the case may be;
“hearing” includes diet;
“quarter of an hour” will be read as if immediately followed by the words “(or part thereof)”;
a “sheet” shall consist of 250 words or numbers; and
a “page” shall consist of 125 words or numbers.
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 |
£27.40 |
— |
(ii) each quarter hour spent, subsequent to the first half hour, conducting the hearing |
£13.70 |
— |
(b) in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing | [63]£18.30 | |
2. The fee for any of the following:–
|
£6.00 | [64]£6.95 |
(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(e); 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:– | £2.40 | [65]£2.75 |
(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(e), 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 | — | [66]£11.55 |
(ii) taking a statement | — | [67]£11.55 |
(b) the fee for– | ||
(i) framing the precognition, per sheet | [68]£2.40 | |
(ii) each letter making arrangements for taking a statement | [69]£1.45 | |
(iii) a telephone call, of any duration | — | [70]£0.95 |
[71]5. (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 (ii)for each sheet copied in addition to the first 10,000 sheets
|
£0.05
£0.01
|
£0.05
£0.01
|
5A.[72] The fee for each quarter of an hour spent travelling –
(a) by a solicitor (b) by a solicitor’s clerk |
£5.28 £2.63 |
[73]£6.10 [74]£3.05 |
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 | £10.55 | [75]£12.20 |
(b) by a solicitor’s clerk | £5.25 | [76]£6.10 |
Column A | Column B | Column C | |
1. The fee for all 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 | £152.00 | £133.00 | £57.00 |
(ii) committed for further examination and admitted to bail. | |||
(b) at the first examination the client is committed for further examination and not admitted to bail. | £228.00 | £209.00 | £133.00 |
2. The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | £57.00 | £57.00 | £57.00 |
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 | £437.00 | £304.00 | £152.00 |
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 | £399.00 | £285.00 | £152.00 |
(b) a subsequent day of trial[77] | £152.00 | £114.00 | £38.00 |
[78]4A. The fee for preparation for
(a) a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty); (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. |
£38.00 | £38.00 | £38.00 |
5. The fee for all work in connection with post conviction discussions , [79]advice and representation including advising and giving an opinion on the prospects of any appeal |
[80]£177.00 | [81]£177.00 | [82]£101.00 |
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:– | £152.00 | £152.00 | £152.00 |
(a) a devolution issue, in terms of Schedule 6 to the Scotland Act 1998(6); | |||
[84](ab) a compatibility issue in terms of section 288ZA of the 1995 Act;
(b) a vulnerable witnesses 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. |
- where a plea of not guilty was tendered and case proceeds to trial in the sheriff court and exceeds 30 minutes or for proceedings in the JP court
[As amended by SSI 2023 No 135 in force 1 April 2023]
SCHEDULE 1
PART I
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: | £347.92; or
£319.52 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. |
£572.00; or
£543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. |
£628.79; or
£600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. |
|||
(i) | any diet at which a plea of guilty is made and accepted or plea in mitigation is made; | |||||
(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 2 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 2-10 below. | ||||||
2. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. | £28.40 | £56.79 | £56.79 | |||
3. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). | £85.19 | £113.56 | £113.56 | |||
4. Conducting a trial or proof in mitigation for the second and each subsequent day | £227.12 | £340.38 | £340.38 | |||
5 Conducting a proof of a victim statement: | £340.68 | £340.68 | ||||
(i) | 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), or | |||||
(ii) | at a continued diet following a concluded trial or proof in mitigation (per day). | |||||
6. Representation at a third or subsequent diet of deferred sentence. | ££28.40 | £56.79 | £56.79 | |||
7. 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). | £28.40 | £28.40 | £28.40 | |||
8. 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. | £28.40 | £28.40 | £28.40 | |||
9. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. | £28.40 | £28.40 | £28.40 | |||
10. All work done in connection with:— | ||||||
(a) | a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than work under sub-paragraph (b) below, | £56.79 | £56.79 | £56.79 | ||
(b) | representation in an appeal of either type specified in (a), or a continued diet of such an appeal, where counsel not employed. Fee per appearance. | £34.08 | £34.08 | £34.08 |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 1
PART I
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: | £335.01; or
£306.62 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. |
£550.76; or
£522.37 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. |
£607.55; or
£579.15 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below. |
|||
(i) | any diet at which a plea of guilty is made and accepted or plea in mitigation is made; | |||||
(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 or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016. | £167.51 | £275.39 | £275.39 | |||
3. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. | £28.40 | £56.79 | £56.79 | |||
4. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). | £56.79 | £113.56 | £113.56 | |||
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. | £28.40 | £56.79 | £56.79 | |||
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. | £56.79 | £113.56 | £113.56 | |||
5. Conducting a trial or proof in mitigation for the second day. | £56.79 | £227.12 | £227.12 | |||
6. Conducting a trial or proof in mitigation for the third and subsequent days (per day). | £113.56 | £454.23 | £454.23 | |||
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. | £56.79 | |||||
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). | £227.12 | |||||
9. Conducting a proof of a victim statement at a continued diet following a concluded trial or proof in mitigation (per day). | £227.12 | |||||
10. Representation per appearance— | £28.40 | £56.79 | £56.79 | |||
(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. | £28.40 where the hearing relates to one complaint;
or £42.60 where the hearing relates to more than one complaint |
£56.79 where the hearing relates to one complaint;
or £85.18 where the hearing relates to more than one complaint |
£56.79 where the hearing relates to one complaint;
or £85.18 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). | £28.40 | £28.40 | £28.40 | |||
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. | £28.40 | £28.40 | £28.40 | |||
12. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. | £28.40 | £28.40 | £28.40 | |||
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. | £56.79 | £56.79 | £56.79 | |||
(b) | Representation in such an appeal where counsel not employed. | £34.08 | £34.08 | £34.08 | ||
(c) | Representation at a continued diet in such an appeal where counsel not employed. | £34.08 | £34.08 | £34.08 |
- where a plea of not guilty was tendered in the sheriff court and the case does not proceed to trial beyond 30 minutes
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 1A
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— | £572.00; or
£543.60 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 of Part 1 of schedule 1. |
£628.79; or
£600.39 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 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 paragraphs 6 to 10 of Part 1 of schedule 1. |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 1A
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— | £550.76; or
£522.37 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of schedule 1. |
£550.76; or
£522.37 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 paragraphs 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 or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016 | £275.39 | £275.39 |
- where a plea of guilty is tendered or the case is continued without plea
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 1B
PART I
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 relating to assistance by way of representation provided by a solicitor in summary criminal proceedings in accordance with regulation 6 or 6A of the Advice and Assistance (Assistance By Way Of Representation) (Scotland) Regulations 2003 other than that specified in paragraphs 2 to 4 below. | £347.92 | £572.00 | ||
2. Representation at a third or subsequent diet of deferred sentence. | £28.40 | £56.79 | ||
3. 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). | £28.40 | £28.40 | ||
4. All work done in connection with: | ||||
(a) | a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act, other than work under sub-paragraph (b) below, | £56.79 | £56.79 | |
(b) | representation in an appeal of either type specified in (a), or a continued diet of such an appeal, where counsel not employed. Fee per appearance. | £34.08 | £34.08 | |
5. Supplementary fee, payable in addition to any fees under paragraphs 1-5, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint. | £88.16 | £88.16 |
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). | £56.79 |
2. Supplementary fee, payable in addition to any fees under paragraph 1, where at a holiday court sitting a solicitor acts for a person | £88.16 |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 1B
PART I
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— | £550.76 | |||
(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— | £170.35 | |||
(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 is raised; | |||
(c) | any diet from or to which the case has been adjourned under section 145 of the 1995 Act (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. | £170.35 | £275.39 | ||
4. Conducting a proof in mitigation for the first day (after the first 30 minutes). | £56.79 | |||
8. Representation, per appearance— | £28.40 | £56.79 | ||
(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) or paragraph 2(f)(ii) in respect of a first or second diet of deferred sentence. | £28.40 where the hearing relates to one complaint; or £42.60 where the hearing relates to more than one complaint | £56.79 where the hearing relates to one complaint; or £85.18 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). | £28.40 | £28.40 | ||
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. | £56.79 | £56.79 | ||
12. Conducting a special reasons proof or hearing on exceptional hardship (where both, they to be regarded as one only even if conducted separately). | £170.35 | |||
13. Conducting a back-duty proof (but only if in the case no fee is payable under paragraph 12 above). | £56.79 | |||
14. Supplementary fee, payable in addition to any fees under paragraphs 1-13, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint. | £80.00 | £80.00 |
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). | £54.08 |
2. Supplementary fee, payable in addition to any fees under paragraph 1, where at a holiday court sitting a solicitor acts for a person | £80.00 |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 1
PART 2
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 up to and including the first appearance of an assisted person. | £113.56 |
2. All work done (other than work done in terms of paragraph 1) in connection with any appearance of an assisted person (per appearance). | £56.79 |
[As amended by SSI 2023 No 135 in force 1 April 2023]
SCHEDULE 1
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR LEGAL AID MADE AVAILABLE UNDER SECTION 30 OF THE ACT IN CONNECTION WITH PROCEEDINGS FOR CONTEMPT OF COURT
Regulation 4
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 £34.32;
(b) each quarter hour (or part thereof) subsequent to the first half hour spent appearing in court or conducting another hearing shall be £17.17;
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 £13.23;
(b) each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 5 hereof shall be £ 6.59
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 setting 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 £ 7.52.
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 £ 3.04.
4A. The fee for each quarter of an hour (or part thereof) spent travelling—
(a) by a solicitor is £6.63
(b) by a solicitor's clerk is £ 3.31
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) 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.
5A. Calculation of fees for time at court and travelling
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.
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 1
TABLE OF FEES ALLOWABLE TO SOLICITORS FOR LEGAL AID MADE AVAILABLE UNDER SECTION 30 OF THE ACT IN CONNECTION WITH PROCEEDINGS FOR CONTEMPT OF COURT
Regulation 4
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 £31.14;
(b) each quarter hour (or part thereof) subsequent to the first half hour spent appearing in court or conducting another hearing shall be £15.58;
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 £12.00;
(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 £ 5.98
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 setting 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 £ 6.82.
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 £ 2.75.
4A. The fee for each quarter of an hour (or part thereof) spent travelling—
(a) by a solicitor is £6.01
(b) by a solicitor's clerk is £ 3.00
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) 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.
5A. Calculation of fees for time at court and travelling
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.
Simple procedure and First-tier Tribunal cases for work done or outlays incurred
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 2A
FEES ALLOWABLE TO SOLICITORS FOR SIMPLE PROCEDURE CASES AND FIRST-TIER TRIBUNAL FOR SCOTLAND CASES
Regulation 5
1. Fees shall be calculated in accordance with the Table of Fees in this Schedule.
2. In the Table of Fees :–
(a) a “sheet” shall consist of 250 words or numbers;
(b) a “page” shall consist of 125 words or numbers.
3. The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.
Table of Fees
1. | The fee for— | |||
(a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £41.51 | ||
(b) | each quarter hour (or part thereof) subsequent to the first half hour | £20.79 | ||
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 | £15.97 | ||
(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 7 of this table | £7.97 | ||
3. | The fee for framing affidavits – per sheet (or part thereof) | £13.12 | ||
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). | £9.10 | |||
5. | The fee for— | |||
(a) | attendance at court or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |||
(b) | revising papers drawn by counsel, where ordered or necessary – per 5 sheets (or part thereof) | |||
(c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |||
(d) | certifying or signing a document | |||
(e) | short telephone calls (of up to 4 minutes duration) | |||
(f) | short letters of a formal nature, intimations, and letters confirming telephone calls | |||
in each of sub-paragraphs (a) to (f) | £3.64 | |||
6. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||
(a) | by a solicitor | £8.01 | ||
(b) | by a solicitor’s clerk | £4.01 | ||
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 |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 2A
FEES ALLOWABLE TO SOLICITORS FOR SIMPLE PROCEDURE CASES AND FIRST-TIER TRIBUNAL FOR SCOTLAND CASES
Regulation 5
1. Fees shall be calculated in accordance with the Table of Fees in this Schedule.
2. In the Table of Fees :–
(a) a “sheet” shall consist of 250 words or numbers;
(b) a “page” shall consist of 125 words or numbers.
3. The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.
Table of Fees
1. | The fee for— | |||
(a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £37.66 | ||
(b) | each quarter hour (or part thereof) subsequent to the first half hour | £18.86 | ||
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 | £14.49 | ||
(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 | £7.23 | ||
3. | The fee for framing affidavits – per sheet (or part thereof) | £11.90 | ||
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). | £8.25 | |||
5. | The fee for— | |||
(a) | attendance at court or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |||
(b) | revising papers drawn by counsel, where ordered or necessary – per 5 sheets (or part thereof) | |||
(c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |||
(d) | certifying or signing a document | |||
(e) | short telephone calls (of up to 4 minutes duration) | |||
(f) | short letters of a formal nature, intimations, and letters confirming telephone calls | |||
in each of sub-paragraphs (a) to (f) | £3.30 | |||
6. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||
(a) | by a solicitor | £7.26 | ||
(b) | by a solicitor’s clerk | £3.63 | ||
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 |
Civil legal aid for work done or outlays incurred
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 5
TABLE OF DETAILED FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE COURT OF SESSION, SHERIFF APPEAL COURT AND UPPER TRIBUNAL FOR SCOTLAND, PROCEEDINGS LISTED AT REGULATION 5(3) AND PROCEEDINGS IN THE SHERIFF COURT LISTED IN SCHEDULE 7
Regulation 5 and 6
1. | The fee for— | |||
(a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £47.05 | ||
(b) | each quarter hour (or part thereof) subsequent to the first half hour | £23.53 | ||
2. | The fee for— | |||
(a) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 | £18.20 | ||
(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 | £9.00 | ||
3. | The fee for— | |||
framing affidavits – per sheet (or part thereof) | £15.42 | |||
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) | £10.39 | |||
5. | The fee for— | |||
(a) | attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |||
(b) | Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof) | |||
(c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |||
(d) | certifying or signing a document | |||
(e) | short telephone calls (of up to 4 minutes duration) | |||
(f) | short letters of a formal nature, intimations, and letters confirming telephone calls | |||
in each of sub-paragraphs (a) to (f) | £4.09 | |||
5A. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||
(a) | by a solicitor | £9.12 | ||
(b) | by a solicitor’s clerk | £4.51 | ||
6. | (a) | There is no fee for photocopying— | ||
(i) | where fewer than 20 sheets are copied at any one time | |||
(ii) | in relation to the first 20 sheets copied at any one time | |||
(b) | Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— | |||
(i) | for each sheet copied for up to 10,000 sheets | £0.05 | ||
(ii) | for each sheet copied in addition to the first 10,000 sheets | £0.01 |
Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.
Interpretation
"court" means court or tribunal as the case may be;
a "sheet" shall consist of 250 words or numbers; and
a “page” shall consist of 125 words or numbers.
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 5
TABLE OF DETAILED FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE COURT OF SESSION, SHERIFF APPEAL COURT AND UPPER TRIBUNAL FOR SCOTLAND, PROCEEDINGS LISTED AT REGULATION 5(3) AND PROCEEDINGS IN THE SHERIFF COURT LISTED IN SCHEDULE 7
Regulation 5 and 6
1. | The fee for— | |||
(a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £42.69 | ||
(b) | each quarter hour (or part thereof) subsequent to the first half hour | £21.35 | ||
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 | £16.51 | ||
(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 | £8.16 | ||
3. | The fee for— | |||
framing affidavits – per sheet (or part thereof) | £13.99 | |||
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) | £9.42 | |||
5. | The fee for— | |||
(a) | attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |||
(b) | Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof) | |||
(c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |||
(d) | certifying or signing a document | |||
(e) | short telephone calls (of up to 4 minutes duration) | |||
(f) | short letters of a formal nature, intimations, and letters confirming telephone calls | |||
in each of sub-paragraphs (a) to (f) | £3.71 | |||
5A. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||
(a) | by a solicitor | £8.27 | ||
(b) | by a solicitor’s clerk | £4.09 | ||
6. | (a) | There is no fee for photocopying— | ||
(i) | where fewer than 20 sheets are copied at any one time | |||
(ii) | in relation to the first 20 sheets copied at any one time | |||
(b) | Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— | |||
(i) | for each sheet copied for up to 10,000 sheets | £0.05 | ||
(ii) | for each sheet copied in addition to the first 10,000 sheets | £0.01 |
Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.
Interpretation
"court" means court or tribunal as the case may be;
a "sheet" shall consist of 250 words or numbers; and
a “page” shall consist of 125 words or numbers.
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 5
TABLE OF DETAILED FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE COURT OF SESSION, SHERIFF APPEAL COURT AND UPPER TRIBUNAL FOR SCOTLAND, PROCEEDINGS LISTED AT REGULATION 5(3) AND PROCEEDINGS IN THE SHERIFF COURT LISTED IN SCHEDULE 7
Regulation 5
1. | The fee for— | |||
(a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £40.65 | ||
(b) | each quarter hour (or part thereof) subsequent to the first half hour | £20.33 | ||
2. | The fee for— | |||
(a) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 | £15.72 | ||
(b) | each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table | £7.77 | ||
3. | The fee for— | |||
framing affidavits – per sheet (or part thereof) | £13.32 | |||
4. | The fee for— | |||
(a) | framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof) | |||
(b) | each citation of a party, witness or haver including execution thereof | |||
(c) | instructing messengers-at-arms and sheriff officers, including examining execution and settling fee | |||
(d) | agency accepting service or any writ | |||
(e) | lodging first step of process | |||
(f) | lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) | |||
(g) | letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below | |||
(h) | perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter— | |||
Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above | ||||
in each of sub-paragraphs (a) to (h) | £8.97 | |||
5. | The fee for— | |||
(a) | attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |||
(b) | Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof) | |||
(c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |||
(d) | certifying or signing a document | |||
(e) | short telephone calls (of up to 4 minutes duration) | |||
(f) | short letters of a formal nature, intimations, and letters confirming telephone calls | |||
in each of sub-paragraphs (a) to (f) | £3.53 | |||
5A. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||
(a) | by a solicitor | £7.87 | ||
(b) | by a solicitor’s clerk | £3.89 | ||
6. | (a) | There is no fee for photocopying— | ||
(i) | where fewer than 20 sheets are copied at any one time | |||
(ii) | in relation to the first 20 sheets copied at any one time | |||
(b) | Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— | |||
(i) | for each sheet copied for up to 10,000 sheets | £0.05 | ||
(ii) | for each sheet copied in addition to the first 10,000 sheets | £0.01 |
Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.
Interpretation
"court" means court or tribunal as the case may be;
a "sheet" shall consist of 250 words or numbers;
a “page” shall consist of 125 words or numbers.
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;
Regulations 5 and 6
On or after 1 April 2008 | Before 1 April 2008 | ||
1. | The fee for –
|
||
(a) Any time to the first half hour spent by a solicitor conducting a proof or hearing | £37.58. | £34.00 | |
(b) Each quarter hour (or part thereof) subsequent to the first half hour | £18.79 | £17.00 | |
2. | The fee for –
|
||
(a) Each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 hereof, provided that any time is additional to the total time charged for under paragraph 1 above | £14.53 | £13.15 | |
(b) Each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 6 hereof | £7.18 | £6.50 | |
3. | The fee for –
|
||
Framing affidavits - per sheet (or part thereof)
|
£12.32 | £11.15 | |
4. | The fee for –
|
||
(a) Framing and drawing all necessary papers, other than affidavits or papers of a formal character | |||
(b) Each citation of a party, witness or haver including execution thereof | |||
(c) Instructing messengers-at-arms and sheriff officers, including examining execution and settling fee | |||
(d) Agency accepting service of any writ | |||
(e) Lodging first step of process | |||
(f) Lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) | |||
(g) Letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below | |||
(h) Perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter – | |||
Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above | |||
in each of sub paragraphs (a)-(h).
|
£8.29 | £7.50 | |
5. | The fee for-
|
||
(a) Attendance at court offices for carrying out formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |||
(b) Revising papers drawn by counsel, open and closed records etc. or where revisal ordered - per 5 sheets (or part thereof) | |||
(c) Framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |||
(d) Certifying or signing a document | |||
(e) Short telephone calls (of up to 4 minutes duration) | |||
(f) Short letters of a formal nature, intimations, and letters confirming telephone calls- | |||
in each of sub paragraphs (a) to (f)
|
£3.26 | £2.95 | |
5A.[122] | The fee for each quarter hour (or part thereof) spent travelling-
(a) by a solicitor (b) by a solicitor’s clerk |
£7.27 £3.59
|
|
6.
|
[123]
(a) There is no fee for photocopying-
(i)where fewer than 20 sheets are copied at one time; (ii)in relation to the first 20 sheets copied at any one time.
(b) Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is-
(i)for each sheet copied for up to 10,000 sheets (ii)for each sheet copied in addition to the first 10,000 sheets
|
£0.09
£0.05 £0.01 |
£0.08 |
[124] Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.
Interpretation
In this Table –
"court" means court or tribunal as the case may be;
a "sheet" shall consist of 250 words or numbers; [125]and
a "page" shall consist of 125 words or numbers; [126]
SCHEDULE 6
TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT
CHAPTER 1
SHERIFF COURT CIVIL FEES (UNDEFENDED)
Note: Per regulation 5(2A) as amended by SSI 2023 No 135 in force 29 April 2023 the value of the unit for the fees set out in Schedule 6 is £26.30
Notes on the operation of Chapter I
Payment of the fees set out in the table in this chapter is subject to the following provisions.
1. A fee is payable under paragraph 2 of Part I where it can be demonstrated that following the grant of legal aid significant work was undertaken by the solicitor by way of negotiation with the opponent and/or the opponent's solicitor. Where this fee is claimed the work done must be clearly documented on the file, for perusal, if required, by the Board.
2. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on any of the paragraphs within Part I are a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.
3. The fee provided in paragraph 2 of Tables A to C includes all the costs incurred in the swearing of affidavits, including defender's affidavits where appropriate.
4. A fee is payable under either Table A or Table B. The fee under Table C relating to matters ancillary to those in Tables A and B is payable only once.
5. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 6.
6. In addition to the fees payable under Part II of this chapter, travel time is payable at £9.12 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–
(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;
(b) the solicitor's attendance is necessary for the advancement of the case;
(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;
(d) when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).
7. Travel expenses may be incurred only where travel time is chargeable.
8. Where it would be more cost effective to travel by public transport the solicitor shall do so.
Work done | Inclusive Fee in Units | |
Part I – Negotiation | ||
1. Cases where settlement is effected without an action being raised where through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor a negotiated settlement is reached and minute of agreement or separation agreement, as the case may be, is entered into (subject to a maximum charge of 19); or | 10–19 | |
2. Cases where settlement is not effected but where without an action being raised the outcome or disposal is effected through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor (subject to a maximum charge of 10). | 5–10 | |
Part 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. | 10 | |
Note: In cases where settlement is effected after service of a writ but before the expiry of the period of notice. | 5 | |
Additional fee to cover– | ||
(a) | drawing, intimating and lodging any written motion for or minute (including any Motion for an interim Order)or diligence, including the first quarter hour of argument, even if involving appearances on different dates (to include instructing service and implementation); | 6 |
(b) | thereafter, waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour. | 1 |
To framing all necessary affidavits per sheet (to include notarial fee unless on cause shown the affidavit cannot be notarised within the principal agent's firm, in which case a fee to the external notary is 1 unit). | 1 | |
Note: Charges levied by notaries outwith the United Kingdom shall be payable according to the circumstances of the case; and | ||
affidavits in this Part do not include those required to prove a divorce. | ||
Report Fee – to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either– | ||
(i) | where the report is commissioned by the solicitor for the assisted person; or | |
(ii) | where the report is commissioned by order of Court. | |
Attendance at Hearing – Paragraph 19 of the Notes on the operation of Chapter II in relation to the calculation of time shall apply in relation to attendance of a hearing under Part II of Chapter I. | ||
2. Actions of separation and aliment (not being actions to which Part III of this chapter applies) or residence and aliment where proof takes place– | ||
inclusive fee to cover all work from taking instructions up to and including obtaining extract decree. | 20 |
Part 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 |
SCHEDULE 6
TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT
CHAPTER 1
SHERIFF COURT CIVIL FEES (UNDEFENDED)
Note: Per regulation 5(2A) as amended by SSI 2022 No 30 in force 1 April 2022 the value of the unit for the fees set out in Schedule 6 is £23.86
Notes on the operation of Chapter I
Payment of the fees set out in the table in this chapter is subject to the following provisions.
1. A fee is payable under paragraph 2 of Part I where it can be demonstrated that following the grant of legal aid significant work was undertaken by the solicitor by way of negotiation with the opponent and/or the opponent's solicitor. Where this fee is claimed the work done must be clearly documented on the file, for perusal, if required, by the Board.
2. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on any of the paragraphs within Part I are a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.
3. The fee provided in paragraph 2 of Tables A to C includes all the costs incurred in the swearing of affidavits, including defender's affidavits where appropriate.
4. A fee is payable under either Table A or Table B. The fee under Table C relating to matters ancillary to those in Tables A and B is payable only once.
5. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 6.
6. In addition to the fees payable under Part II of this chapter, travel time is payable at £8.27 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:–
(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;
(b) the solicitor's attendance is necessary for the advancement of the case;
(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;
(d) when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).
7. Travel expenses may be incurred only where travel time is chargeable.
8. Where it would be more cost effective to travel by public transport the solicitor shall do so.
Work done | Inclusive Fee in Units | |
Part I – Negotiation | ||
1. Cases where settlement is effected without an action being raised where through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor a negotiated settlement is reached and minute of agreement or separation agreement, as the case may be, is entered into (subject to a maximum charge of 19); or | 10–19 | |
2. Cases where settlement is not effected but where without an action being raised the outcome or disposal is effected through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor (subject to a maximum charge of 10). | 5–10 | |
Part 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. | 10 | |
Note: In cases where settlement is effected after service of a writ but before the expiry of the period of notice. | 5 | |
Additional fee to cover– | ||
(a) | drawing, intimating and lodging any written motion for or minute (including any Motion for an interim Order)or diligence, including the first quarter hour of argument, even if involving appearances on different dates (to include instructing service and implementation); | 6 |
(b) | thereafter, waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour. | 1 |
To framing all necessary affidavits per sheet (to include notarial fee unless on cause shown the affidavit cannot be notarised within the principal agent's firm, in which case a fee to the external notary is 1 unit). | 1 | |
Note: Charges levied by notaries outwith the United Kingdom shall be payable according to the circumstances of the case; and | ||
affidavits in this Part do not include those required to prove a divorce. | ||
Report Fee – to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either– | ||
(i) | where the report is commissioned by the solicitor for the assisted person; or | |
(ii) | where the report is commissioned by order of Court. | |
Attendance at Hearing – Paragraph 19 of the Notes on the operation of Chapter II in relation to the calculation of time shall apply in relation to attendance of a hearing under Part II of Chapter I. | ||
2. Actions of separation and aliment (not being actions to which Part III of this chapter applies) or residence and aliment where proof takes place– | ||
inclusive fee to cover all work from taking instructions up to and including obtaining extract decree. | 20 |
Part 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 |
SCHEDULE 6
TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT
CHAPTER II
SHERIFF COURT CIVIL FEES (DEFENDED)
Note: Per regulation 5(2A) as amended by SSI 2023 No 135 in force 29 April 2023 the value of the unit for the fees set out in Schedule 6 is £26.30
Notes on the operation of chapter II
Payment of the fees set out in the table in this chapter is subject to the following provisions.
1. In assessing any account lodged with the Board on a solicitor and client, third party paying basis, regard shall be had to –
(a) what would be considered reasonable in a judicial taxation, on a party and party basis, for conducting the proceedings in a proper manner; and
(b) any work or expense specifically sanctioned, certified or authorised by the Board.
2. It shall be competent for the Auditor to disallow any fee which he shall judge irregular or unnecessary.
3. In the taxation of accounts where counsel is employed –
(a) counsel's fees are allowed only where the Board has sanctioned the employment of counsel;
(b) except on cause shown, fees to counsel for only two consultations in the course of the cause are allowed; and
(c) except on cause shown, fees to counsel shall not be payable for attendance at hearings which are routine or procedural or which do not advance the cause.
4. A fee in respect of a Minute of Amendment is only payable to the solicitor bringing the amendment where –
(a) the Minute was necessary due to a new development in the case;
(b) relevant information which was previously unknown to the solicitor came to the solicitor's attention; or
(c) the work could not have been done at an earlier stage in the proceedings.
5. The fees set out in this chapter include –
(a) all correspondence, telephone calls or communication of whatever nature with the Board;
(b) all fees incurred by any other solicitor in relation to work done in any part of the case, which shall not be a chargeable outlay; and
(c) copyings,
and include not only the work expressly set out within the terms of each paragraph but also (unless specifically provided for) all meetings, correspondence, precognitions, negotiation ancillary thereto, and all posts and incidental expenses.
6. The fee under paragraph 1(d) is payable on each transfer of agency but is not payable where an advice and assistance account in respect of the same matter is charged to the Board or the client. Where there is a transfer of agency, the solicitor from whom agency is transferred shall be paid the whole fee for work done by that solicitor in respect of any paragraph or sub-paragraph; and where work done under any paragraph or sub-paragraph is only partially completed by that solicitor, the fee payable in respect of that work shall be apportioned equally between the solicitor from whom agency is transferred and the solicitor to whom agency is transferred.
7. Where a fee is payable under sub-paragraph (a) of either paragraph 2 or paragraph 2A—
(a) a fee is only payable under one of those paragraphs,
(b) the fee will be either-
(i) the fee under paragraph 2A, if work was carried out which followed the amended procedure introduced by the Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022, or
(ii) the fee under paragraph 2, if no work was carried out under that amended procedure,
(c) only one fee is payable under the applicable paragraph (under either of heads (i), (ii) or (iii) of sub-paragraph (a)),
(d) a fee under sub-paragraph (a)(ii) of the applicable paragraph is only payable where it is unlikely that the action would have settled without the input of the solicitor and the solicitor certifies that settlement took place in consequence of one or both of the following circumstances—
(i) settlement was expressed within an extraneous Minute of Agreement or a Joint Minute (other than a Joint Minute for dismissal or decree simpliciter) encompassing an outcome materially different from the terms of any interim order of court in force immediately prior to the execution of that Joint Minute or Minute of Agreement,
(ii) settlement followed upon an exercise of sustained negotiation involving a significant level of discussion between solicitor, the client or the opponent (or their agent) taking place after the conclusion of the work payable under paragraph 1 and clearly documented on the file for perusal, if required, by the Board,
(e) a fee under sub-paragraph (a)(iii) of the applicable paragraph is only payable where—
(i) no settlement is achieved but an outcome or disposal is reached and the solicitor can demonstrate that an exercise of sustained negotiation involving a significant level of discussion between the solicitor, the client and, as the case may be, the opponent (or the opponent’s agent) took place,
(ii) the Board is satisfied that all the additional work carried out by the solicitor was reasonable and necessary in all the circumstances of the case; and
(iii) the work is clearly documented on the file and may be perused by the Board as required.
7A. [Revoked]
8. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on sub-paragraph (a) (ii) or (iii) of either paragraph 2 or paragraph 2A will be a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.
9. The fee under paragraph 3(a) is payable only in relation to time engaged in the conduct of the hearing and any continued hearing including a hearing under Rule 18.3 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907. The conduct of the hearing is the actual time involved in the substantive argument and does not include any formal attendance at a hearing for the purpose of seeking an adjournment or other formal attendance not devoted to the stating of the argument.
10. The fee payable under paragraph 3(a)(i) includes the first quarter hour of argument, even if involving appearances on different dates. The fee is not chargeable on a quarter hour block but rather on the total number of minutes taken up in argument at a hearing or continued hearings.
11. The fee payable under paragraph 4(a) includes the notarial fee unless, on cause shown, the affidavit cannot be notarised within the principal agent's firm, in which case a fee of one unit is payable to the external notary. Charges levied by notaries outwith the United Kingdom shall be paid according to the circumstances of the case.
12. The fees under paragraph 4(b), (c), (d) and (e) are payable only once in any case.
13. The fee under paragraph 4(e) is payable only where the settlement conference or negotiation takes place in one location or by telephone. This fee is payable in relation to one meeting (including a continued meeting) in relation to any case and is payable only where-
(a) negotiation commences at least 14 days prior to the proof; and
(b) the fee under paragraph 4(f) is not charged in the case,
and where this fee is claimed the work done should be clearly documented on the file, for perusal, if required, by the Board.
14. The fee under paragraph 4(f) is payable only where no other attendance fee is charged in relation to any appearance at which authority is interponed to the Joint Minute and is not payable in addition to any fee under paragraph 5(a)(ii) to (iii).
14A. The fee under paragraph 4(k) in contentious contact dispute cases is payable only where the additional work is necessary as a result of a material issue and not due to one party's refusal to resolve any contact issue.
14B. The fee under paragraph 4(k) is payable in respect of each of the circumstances specified in that sub-paragraph.
15. The fee under paragraph 5(a) is only payable once in any case and the fee under paragraph 5(a)(iii) includes preparation for a debate on evidence.
15A. The fees under paragraph 5(aa) are payable subject to the following conditions—
(a) the fees prescribed in heads (i) and (ii) are payable where the Child Welfare Hearing is heard alone or at the same time as the Initial Case Management Hearing, including any continued joint diets,
(b) the additional fee prescribed in head (iii) is payable only where the Child Welfare Hearing takes place at the same time as the Initial Case Management Hearing, including any continued joint diets,
(c) the fee prescribed in head (iv) is payable only where the Initial Case Management Hearing, is heard alone and where no fee is payable under heads (i)-(iii).
16. The fee under paragraph 5(b) is payable only in respect of a debate in law.
17. [Revoked]
18. Notwithstanding paragraph 5(e), the taking of an appeal to the Sheriff Appeal Court is a distinct proceeding and shall require a separate application for civil legal aid and nothing in this table shall imply otherwise.
19. The fee under paragraph 6 is payable on the total time engaged per day and is payable cumulatively between waiting and conduct time, rounded up to the nearest 15 minutes. The fee is payable–
(a) from the time appointed by the court for the hearing; or
(b) from the conclusion of any other business (including non legal aid cases) ending prior to the hearing,
whichever is the shorter.
20. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 21.
21. In addition to the fees payable under this chapter, travel time is payable at £9.12 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:-
(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;
(b) the solicitor's attendance is necessary for the advancement of the case;
(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;
(d) when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).
22. Travel expenses may only be incurred where travel time is chargeable.
23. Where it would be more cost effective to travel by public transport the solicitor shall do so.
24. No fee is allowable unless the work for which the fee is payable has been completed in its entirety.
TABLE OF FEES
2A.Progress fees (Family and Civil Partnership Actions on or after 25 September 2023) -3.Motions and Minutes etc.-
(iii)Fee payable, in addition to the fees prescribed in paragraph (i) or (ii) above, where the Child Welfare Hearing is held at the same time as the Initial Case Management Hearing, including any continued joint diets (2 units per each joint hearing)2(b)Preparation for Debate-
Fee payable | Units | ||
1. Instruction Fee- | |||
(a) | To cover all work from the taking of instructions to the conclusion of proceedings where no fee is payable under paragraph (b). | 10 | |
(b) | To cover all work from the taking of instructions to– | 20 | |
(i) | commence proceedings until the lodging of a Notice of Intention to Defend or the first appearance of the defender; or | ||
(ii) | to defend proceedings until the date appointed for the lodging of defences, the making of an order dispensing with written defences, the first appearance of the defender or the issue of the usual procedural timetable (except as specifically provided below). | ||
(c). | Counterclaim - Additional fee where a counterclaim is lodged | 4 | |
(d) | Transfer of Agency - receiving instructions after a transfer of agency, where defences have, or should already have been, lodged, to include familiarising the incoming agent with the file. | 8 | |
2. Progress Fees (for actions not covered by paragraph 2A)- | |||
(a) | (i) | To cover all additional work (including adjustment and attendance at Options Hearing) from the conclusion of the work in Paragraph 1 until the allowance of a Proof or Debate or other court hearing fixed for the purpose of settlement (except as specifically provided below); | 19 |
(ii) | To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents and resulting, prior to the allowance of a Proof, Debate, or other court hearing fixed for the purpose of settlement, in the negotiated settlement of the action (except as specifically provided below); or | 19 | |
(iii) | To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents where, prior to the allowance of a Proof or Debate, or other court hearing fixed for the purpose of settlement, an outcome or disposal is effected (subject to a maximum charge of 10 units) (except as specifically provided below); | 10 | |
(b) | Fee to cover all work for the preparation and attendance at any Continued Options Hearing including the preparation of an amended Record. | 2 | |
2A. Progress fees (Family and Civil Partnership Actions on or after 25 September 2023) - | |||
(a) | (i) | Fee to cover all additional work (including adjustment, all work relating to the Pre-Hearing meeting, lodging joint minute and exchanging list of witnesses and attendance at Full Case Management 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) | 25 |
(ii) | Fee to cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings, correspondence, and all work relating to the Pre-Hearing meeting, lodging joint minute and exchanging list of witnesses, where appropriate) 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) | 21 | |
(iii) | Fee to cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings, correspondence and all work relating to the Pre-Hearing meeting, lodging joint minute and exchanging list of witnesses, where appropriate) 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 11 units) (except as specifically provided below) | 11 | |
(b) | Fee to cover all work for the preparation and attendance at any Continued Full Case Management Hearing including the preparation of an amended Record | 2 | |
(a) | Fee to cover drawing, intimating, lodging, receiving and opposing (if so advised) any reponing note or written motion or minute (including Motions for interim orders) for any party- | ||
(i) | where opposed or unopposed and involving a hearing before the Sheriff, to include the first quarter hour of argument, even if involving appearances on different dates | 6 | |
(ii) | where unopposed and not involving a hearing | 2 | |
(iii) | thereafter attendance fee per quarter hour, including any continuation of the diet ordered by the Sheriff to allow a minute of amendment to be received and answered | 1 | |
(b) | Fee to cover drawing, or receiving Minute of Amendment, in addition to motion fee, if appropriate – | ||
(i) | where assisted person is party bringing amendment and no answers lodged; | 4 | |
(ii) | where amendment is sought by another party and no answers lodged by assisted person; | 2 | |
(iii) | where answered, to include adjustment as required, for any party. | 6 | |
(c) | Specification of Documents, in addition to motion fee, if appropriate – | ||
(i) | fee to cover drawing, intimating and lodging Specification | 4 | |
(ii) | fee to opposing solicitor. | 2 | |
4. Miscellaneous Fees | |||
(a) | Affidavits - to framing all necessary affidavits, per sheet. | 1 | |
(b) | Contact Arrangements - fee arranging or attempting to arrange interim contact arrangements where appropriate. | 6 | |
(c) | Notice to Admit - preparing and serving/receiving a Notice to admit and serving a counter notice if required. | 4 | |
(d) | Joint Minute of Admissions - preparing and/or considering and executing a joint minute of admissions with a view to avoiding unnecessary evidence or disposing of some (but not all) craves. | 4 | |
(e) | Settlement conference/negotiation - participating in a settlement conference or negotiation after the allowance of a proof or debate where the solicitor making the claim is authorised in advance by the client to participate, per quarter hour (subject to a maximum charge of 8 units). | 1 | |
(f) | Extra Judicial Settlement - fee to cover work to formalise settlement. | 8 | |
(g) | Minute of Agreement - to drawing/revising Minute of Agreement necessary to accomplish or record overall settlement per sheet (subject to a maximum charge of 8 units). | 1 | |
(h) | Report Fee - to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either- | ||
(i) | where the report is commissioned by the solicitor for the assisted person; or | 4 | |
(ii) | the report is commissioned by order of Court. | ||
(i) | Additional Procedure - additional fee where Additional Procedure invoked in terms of Chapter 10 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (to include attendance at any procedural hearing(s). | 4 | |
(j) | Additional fee where the action involves a third party minuter at any stage. | 4 | |
(k) | Additional fee where the action involves– | 4 | |
(i) | a complex financial dispute leading to protracted negotiations; | ||
(ii) | a complex pension sharing arrangement; or | ||
(iii) | a contentious contact dispute. | ||
(l) | Peremptory diet – fee to cover all work in connection with a peremptory diet (excluding attendance at court). | 3 | |
5. Preparation | |||
(a) | Preparation for proof or evidential child welfare hearing | ||
(i) | If action settled or abandoned not later than 14 days before the diet of proof or evidential child welfare hearing. | 18 | |
(ii) | Where the action settles within 14 days of, or on the day of, or after the diet of proof or evidential child welfare hearing but without evidence being lead. | 24 | |
(iii) | In any other case where evidence is led (to include settling with witnesses and enquiring for cause at avizandum (if required). | 36 | |
(aa) | Preparation for Child Welfare Hearing and Initial Case Management Hearing | ||
(i) | Fee to cover all work preparing for the first Child Welfare Hearing | 6 | |
(ii) | Fee to cover all work preparing for each subsequent Child Welfare Hearing | 3 | |
(iii) | Fee payable, in addition to the fees prescribed in paragraph (i) or (ii) above, where the Child Welfare Hearing is held at the same time as the Initial Case Management Hearing, including any continued joint diets (2 units per each joint hearing) | 2 | |
(iv) | Fee to cover all work preparing for the Initial Case Management Hearing, and (in addition) for each subsequent continued such hearing, except where a fee is payable under any of heads (i) to (iii) above | 3 | |
Fee to cover all work in connection with preparing for any debate, where such debate takes place prior to proof or Proof Before Answer. | 8 | ||
(c) | [Revoked] | ||
(d) | Commission to Take Evidence - | ||
Fee to cover all work preparing for the taking of evidence or executing specification on open commission or proceeding as provided in (iii) below- | |||
(i) | For solicitor arranging commission. | 8 | |
(ii) | For opposing solicitor. | 4 | |
(iii) | If optional procedure adopted-fee for each person on whom specification is served. | 1 | |
(iv) | Fee for perusing documents recovered-per quarter hour. | 1 | |
(e) | Preparing for Appeal - | ||
Fee to cover all work preparing for an appeal to the Sheriff Appeal Court (to include marking appeal or noting marking of appeal). | 12 | ||
6. Conduct & Waiting | |||
To waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour. | 1 |
Note:
The amended structure and the level of fees introduced by the 2007 regulations apply to fees for work done and outlays incurred on or after 10 February 2007. As regards to block fees, the practical effect is that you will be able to charge in line with the new provisions and fees as long as any part of the work, chargeable under the block fee, was undertaken on or after 10 February 2007.
SCHEDULE 6
TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT
CHAPTER II
SHERIFF COURT CIVIL FEES (DEFENDED)
Note: Per regulation 5(2A) as amended by SSI 2023 No 135 in force 29 April 2023 the value of the unit for the fees set out in Schedule 6 is £26.30
Notes on the operation of chapter II
Payment of the fees set out in the table in this chapter is subject to the following provisions.
1. In assessing any account lodged with the Board on a solicitor and client, third party paying basis, regard shall be had to –
(a) what would be considered reasonable in a judicial taxation, on a party and party basis, for conducting the proceedings in a proper manner; and
(b) any work or expense specifically sanctioned, certified or authorised by the Board.
2. It shall be competent for the Auditor to disallow any fee which he shall judge irregular or unnecessary.
3. In the taxation of accounts where counsel is employed –
(a) counsel's fees are allowed only where the Board has sanctioned the employment of counsel;
(b) except on cause shown, fees to counsel for only two consultations in the course of the cause are allowed; and
(c) except on cause shown, fees to counsel shall not be payable for attendance at hearings which are routine or procedural or which do not advance the cause.
4. A fee in respect of a Minute of Amendment is only payable to the solicitor bringing the amendment where –
(a) the Minute was necessary due to a new development in the case;
(b) relevant information which was previously unknown to the solicitor came to the solicitor's attention; or
(c) the work could not have been done at an earlier stage in the proceedings.
5. The fees set out in this chapter include –
(a) all correspondence, telephone calls or communication of whatever nature with the Board;
(b) all fees incurred by any other solicitor in relation to work done in any part of the case, which shall not be a chargeable outlay; and
(c) copyings,
and include not only the work expressly set out within the terms of each paragraph but also (unless specifically provided for) all meetings, correspondence, precognitions, negotiation ancillary thereto, and all posts and incidental expenses.
6. The fee under paragraph 1(d) is payable on each transfer of agency but is not payable where an advice and assistance account in respect of the same matter is charged to the Board or the client. Where there is a transfer of agency, the solicitor from whom agency is transferred shall be paid the whole fee for work done by that solicitor in respect of any paragraph or sub-paragraph; and where work done under any paragraph or sub-paragraph is only partially completed by that solicitor, the fee payable in respect of that work shall be apportioned equally between the solicitor from whom agency is transferred and the solicitor to whom agency is transferred.
7. Where a fee is payable under sub-paragraph (a) of either paragraph 2 or paragraph 2A—
(a) a fee is only payable under one of those paragraphs,
(b) the fee will be either-
(i) the fee under paragraph 2A, if work was carried out which followed the amended procedure introduced by the Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022, or
(ii) the fee under paragraph 2, if no work was carried out under that amended procedure,
(c) only one fee is payable under the applicable paragraph (under either of heads (i), (ii) or (iii) of sub-paragraph (a)),
(d) a fee under sub-paragraph (a)(ii) of the applicable paragraph is only payable where it is unlikely that the action would have settled without the input of the solicitor and the solicitor certifies that settlement took place in consequence of one or both of the following circumstances—
(i) settlement was expressed within an extraneous Minute of Agreement or a Joint Minute (other than a Joint Minute for dismissal or decree simpliciter) encompassing an outcome materially different from the terms of any interim order of court in force immediately prior to the execution of that Joint Minute or Minute of Agreement,
(ii) settlement followed upon an exercise of sustained negotiation involving a significant level of discussion between solicitor, the client or the opponent (or their agent) taking place after the conclusion of the work payable under paragraph 1 and clearly documented on the file for perusal, if required, by the Board,
(e) a fee under sub-paragraph (a)(iii) of the applicable paragraph is only payable where—
(i) no settlement is achieved but an outcome or disposal is reached and the solicitor can demonstrate that an exercise of sustained negotiation involving a significant level of discussion between the solicitor, the client and, as the case may be, the opponent (or the opponent’s agent) took place,
(ii) the Board is satisfied that all the additional work carried out by the solicitor was reasonable and necessary in all the circumstances of the case; and
(iii) the work is clearly documented on the file and may be perused by the Board as required.
7A. [Revoked]
8. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on sub-paragraph (a) (ii) or (iii) of either paragraph 2 or paragraph 2A will be a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.
9. The fee under paragraph 3(a) is payable only in relation to time engaged in the conduct of the hearing and any continued hearing including a hearing under Rule 18.3 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907. The conduct of the hearing is the actual time involved in the substantive argument and does not include any formal attendance at a hearing for the purpose of seeking an adjournment or other formal attendance not devoted to the stating of the argument.
10. The fee payable under paragraph 3(a)(i) includes the first quarter hour of argument, even if involving appearances on different dates. The fee is not chargeable on a quarter hour block but rather on the total number of minutes taken up in argument at a hearing or continued hearings.
11. The fee payable under paragraph 4(a) includes the notarial fee unless, on cause shown, the affidavit cannot be notarised within the principal agent's firm, in which case a fee of one unit is payable to the external notary. Charges levied by notaries outwith the United Kingdom shall be paid according to the circumstances of the case.
12. The fees under paragraph 4(b), (c), (d) and (e) are payable only once in any case.
13. The fee under paragraph 4(e) is payable only where the settlement conference or negotiation takes place in one location or by telephone. This fee is payable in relation to one meeting (including a continued meeting) in relation to any case and is payable only where-
(a) negotiation commences at least 14 days prior to the proof; and
(b) the fee under paragraph 4(f) is not charged in the case,
and where this fee is claimed the work done should be clearly documented on the file, for perusal, if required, by the Board.
14. The fee under paragraph 4(f) is payable only where no other attendance fee is charged in relation to any appearance at which authority is interponed to the Joint Minute and is not payable in addition to any fee under paragraph 5(a)(ii) to (iii).
14A. The fee under paragraph 4(k) in contentious contact dispute cases is payable only where the additional work is necessary as a result of a material issue and not due to one party's refusal to resolve any contact issue.
14B. The fee under paragraph 4(k) is payable in respect of each of the circumstances specified in that sub-paragraph.
15. The fee under paragraph 5(a) is only payable once in any case and the fee under paragraph 5(a)(iii) includes preparation for a debate on evidence.
15A. The fees under paragraph 5(aa) are payable subject to the following conditions—
(a) the fees prescribed in heads (i) and (ii) are payable where the Child Welfare Hearing is heard alone or at the same time as the Initial Case Management Hearing, including any continued joint diets,
(b) the additional fee prescribed in head (iii) is payable only where the Child Welfare Hearing takes place at the same time as the Initial Case Management Hearing, including any continued joint diets,
(c) the fee prescribed in head (iv) is payable only where the Initial Case Management Hearing, is heard alone and where no fee is payable under heads (i)-(iii).
16. The fee under paragraph 5(b) is payable only in respect of a debate in law.
17. [Revoked]
18. Notwithstanding paragraph 5(e), the taking of an appeal to the Sheriff Appeal Court is a distinct proceeding and shall require a separate application for civil legal aid and nothing in this table shall imply otherwise.
19. The fee under paragraph 6 is payable on the total time engaged per day and is payable cumulatively between waiting and conduct time, rounded up to the nearest 15 minutes. The fee is payable–
(a) from the time appointed by the court for the hearing; or
(b) from the conclusion of any other business (including non legal aid cases) ending prior to the hearing,
whichever is the shorter.
20. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 21.
21. In addition to the fees payable under this chapter, travel time is payable at £9.12 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:-
(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;
(b) the solicitor's attendance is necessary for the advancement of the case;
(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;
(d) when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).
22. Travel expenses may only be incurred where travel time is chargeable.
23. Where it would be more cost effective to travel by public transport the solicitor shall do so.
24. No fee is allowable unless the work for which the fee is payable has been completed in its entirety.
TABLE OF FEES
Fee payable | Units | ||
1. Instruction Fee- | |||
(a) | To cover all work from the taking of instructions to the conclusion of proceedings where no fee is payable under paragraph (b). | 10 | |
(b) | To cover all work from the taking of instructions to– | 20 | |
(i) | commence proceedings until the lodging of a Notice of Intention to Defend or the first appearance of the defender; or | ||
(ii) | to defend proceedings until the date appointed for the lodging of defences, the making of an order dispensing with written defences, the first appearance of the defender or the issue of the usual procedural timetable (except as specifically provided below). | ||
(c). | Counterclaim - Additional fee where a counterclaim is lodged | 4 | |
(d) | Transfer of Agency - receiving instructions after a transfer of agency, where defences have, or should already have been, lodged, to include familiarising the incoming agent with the file. | 8 | |
2. Progress Fees (for actions not covered by paragraph 2A)- | |||
(a) | (i) | To cover all additional work (including adjustment and attendance at Options Hearing) from the conclusion of the work in Paragraph 1 until the allowance of a Proof or Debate or other court hearing fixed for the purpose of settlement (except as specifically provided below); | 19 |
(ii) | To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents and resulting, prior to the allowance of a Proof, Debate, or other court hearing fixed for the purpose of settlement, in the negotiated settlement of the action (except as specifically provided below); or | 19 | |
(iii) | To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents where, prior to the allowance of a Proof or Debate, or other court hearing fixed for the purpose of settlement, an outcome or disposal is effected (subject to a maximum charge of 10 units) (except as specifically provided below); | 10 | |
(b) | Fee to cover all work for the preparation and attendance at any Continued Options Hearing including the preparation of an amended Record. | 2 | |
2A. Progress fees (Family and Civil Partnership Actions for work on or after 25 September 2023) – | |||
(a) | (i) | Fee to cover all additional work (including adjustment, all work relating to the Pre-Hearing meeting, lodging joint minute and exchanging list of witnesses and attendance at Full Case Management 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) | 25 |
(ii) | Fee to cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings, correspondence, and all work relating to the Pre-Hearing meeting, lodging joint minute and exchanging list of witnesses, where appropriate) 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) | 21 | |
(iii) | Fee to cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings, correspondence and all work relating to the Pre-Hearing meeting, lodging joint minute and exchanging list of witnesses, where appropriate) 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) | 11 | |
(b) | Fee to cover all work for the preparation and attendance at any Continued Full Case Management Hearing including the preparation of an amended Record | 2 | |
3. Motions and Minutes etc - | |||
(a) | Fee to cover drawing, intimating, lodging, receiving and opposing (if so advised) any reponing note or written motion or minute (including Motions for interim orders) for any party- | ||
(i) | where opposed or unopposed and involving a hearing before the Sheriff, to include the first quarter hour of argument, even if involving appearances on different dates | 6 | |
(ii) | where unopposed and not involving a hearing | 2 | |
(iii) | thereafter attendance fee per quarter hour, including any continuation of the diet ordered by the Sheriff to allow a minute of amendment to be received and answered | 1 | |
(b) | Fee to cover drawing, or receiving Minute of Amendment, in addition to motion fee, if appropriate – | ||
(i) | where assisted person is party bringing amendment and no answers lodged; | 4 | |
(ii) | where amendment is sought by another party and no answers lodged by assisted person; | 2 | |
(iii) | where answered, to include adjustment as required, for any party. | 6 | |
(c) | Specification of Documents, in addition to motion fee, if appropriate – | ||
(i) | fee to cover drawing, intimating and lodging Specification | 4 | |
(ii) | fee to opposing solicitor. | 2 | |
4. Miscellaneous Fees | |||
(a) | Affidavits - to framing all necessary affidavits, per sheet. | 1 | |
(b) | Contact Arrangements - fee arranging or attempting to arrange interim contact arrangements where appropriate. | 6 | |
(c) | Notice to Admit - preparing and serving/receiving a Notice to admit and serving a counter notice if required. | 4 | |
(d) | Joint Minute of Admissions - preparing and/or considering and executing a joint minute of admissions with a view to avoiding unnecessary evidence or disposing of some (but not all) craves. | 4 | |
(e) | Settlement conference/negotiation - participating in a settlement conference or negotiation after the allowance of a proof or debate where the solicitor making the claim is authorised in advance by the client to participate, per quarter hour (subject to a maximum charge of 8 units). | 1 | |
(f) | Extra Judicial Settlement - fee to cover work to formalise settlement. | 8 | |
(g) | Minute of Agreement - to drawing/revising Minute of Agreement necessary to accomplish or record overall settlement per sheet (subject to a maximum charge of 8 units). | 1 | |
(h) | Report Fee - to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either- | ||
(i) | where the report is commissioned by the solicitor for the assisted person; or | 4 | |
(ii) | the report is commissioned by order of Court. | ||
(i) | Additional Procedure - additional fee where Additional Procedure invoked in terms of Chapter 10 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (to include attendance at any procedural hearing(s). | 4 | |
(j) | Additional fee where the action involves a third party minuter at any stage. | 4 | |
(k) | Additional fee where the action involves– | 4 | |
(i) | a complex financial dispute leading to protracted negotiations; | ||
(ii) | a complex pension sharing arrangement; or | ||
(iii) | a contentious contact dispute. | ||
(l) | Peremptory diet – fee to cover all work in connection with a peremptory diet (excluding attendance at court). | 3 | |
5. Preparation | |||
(a) | Preparation for proof or evidential child welfare hearing | ||
(i) | If action settled or abandoned not later than 14 days before the diet of proof or evidential child welfare hearing. | 18 | |
(ii) | Where the action settles within 14 days of, or on the day of, or after the diet of proof or evidential child welfare hearing but without evidence being lead. | 24 | |
(iii) | In any other case where evidence is led (to include settling with witnesses and enquiring for cause at avizandum (if required). | 36 | |
(aa) | Preparation for Child Welfare Hearing and Initial Case Management Hearing | ||
(i) | Fee to cover all work preparing for the first Child Welfare Hearing | 6 | |
(ii) | Fee to cover all work preparing for each subsequent Child Welfare Hearing | 3 | |
(iii) | Fee payable, in addition to the fees prescribed in paragraph (i) or (ii) above, where the Child Welfare Hearing is held at the same time as the Initial Case Management Hearing, including any continued joint diets (2 units per each joint hearing) | 2 | |
(iv) | Fee to cover all work preparing for the Initial Case Management Hearing, and (in addition) for each subsequent continued such hearing, except where a fee is payable under any of heads (i) to (iii) above | 3 | |
(b) | Preparation for Debate - | ||
Fee to cover all work in connection with preparing for any debate, where such debate takes place prior to proof or Proof Before Answer. | 8 | ||
(c) | [Revoked] | ||
(d) | Commission to Take Evidence - | ||
Fee to cover all work preparing for the taking of evidence or executing specification on open commission or proceeding as provided in (iii) below- | |||
(i) | For solicitor arranging commission. | 8 | |
(ii) | For opposing solicitor. | 4 | |
(iii) | If optional procedure adopted-fee for each person on whom specification is served. | 1 | |
(iv) | Fee for perusing documents recovered-per quarter hour. | 1 | |
(e) | Preparing for Appeal - | ||
Fee to cover all work preparing for an appeal to the Sheriff Appeal Court (to include marking appeal or noting marking of appeal). | 12 | ||
6. Conduct & Waiting | |||
To waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour. | 1 |
Note:
The amended structure and the level of fees introduced by the 2007 regulations apply to fees for work done and outlays incurred on or after 10 February 2007. As regards to block fees, the practical effect is that you will be able to charge in line with the new provisions and fees as long as any part of the work, chargeable under the block fee, was undertaken on or after 10 February 2007.
SCHEDULE 6
TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT
CHAPTER II
SHERIFF COURT CIVIL FEES (DEFENDED)
Note: Per regulation 5(2A) as amended by SSI 2023 <> in force 29 April 2023 the value of the unit for the fees set out in Schedule 6 is £26.30
Notes on the operation of chapter II
Payment of the fees set out in the table in this chapter is subject to the following provisions.
1. In assessing any account lodged with the Board on a solicitor and client, third party paying basis, regard shall be had to –
(a) what would be considered reasonable in a judicial taxation, on a party and party basis, for conducting the proceedings in a proper manner; and
(b) any work or expense specifically sanctioned, certified or authorised by the Board.
2. It shall be competent for the Auditor to disallow any fee which he shall judge irregular or unnecessary.
3. In the taxation of accounts where counsel is employed –
(a) counsel's fees are allowed only where the Board has sanctioned the employment of counsel;
(b) except on cause shown, fees to counsel for only two consultations in the course of the cause are allowed; and
(c) except on cause shown, fees to counsel shall not be payable for attendance at hearings which are routine or procedural or which do not advance the cause.
4. A fee in respect of a Minute of Amendment is only payable to the solicitor bringing the amendment where –
(a) the Minute was necessary due to a new development in the case;
(b) relevant information which was previously unknown to the solicitor came to the solicitor's attention; or
(c) the work could not have been done at an earlier stage in the proceedings.
5. The fees set out in this chapter include –
(a) all correspondence, telephone calls or communication of whatever nature with the Board;
(b) all fees incurred by any other solicitor in relation to work done in any part of the case, which shall not be a chargeable outlay; and
(c) copyings,
and include not only the work expressly set out within the terms of each paragraph but also (unless specifically provided for) all meetings, correspondence, precognitions, negotiation ancillary thereto, and all posts and incidental expenses.
6. The fee under paragraph 1(d) is payable on each transfer of agency but is not payable where an advice and assistance account in respect of the same matter is charged to the Board or the client. Where there is a transfer of agency, the solicitor from whom agency is transferred shall be paid the whole fee for work done by that solicitor in respect of any paragraph or sub-paragraph; and where work done under any paragraph or sub-paragraph is only partially completed by that solicitor, the fee payable in respect of that work shall be apportioned equally between the solicitor from whom agency is transferred and the solicitor to whom agency is transferred.
7. A fee is payable under paragraph 2(a)(i), (ii) or (iii); more than one fee cannot be claimed. The fee under paragraph 2(a)(ii) is only payable where it is unlikely that the action would have settled without the input of the solicitor and the solicitor certifies that settlement took place in consequence of one or both of the following circumstances:-
(a) settlement was expressed within an extraneous Minute of Agreement or a Joint Minute (other than a Joint Minute for dismissal or decree simpliciter) encompassing an outcome materially different from the terms of any interim order of court in force immediately prior to the execution of that Joint Minute or Minute of Agreement;
(b) settlement followed upon an exercise of sustained negotiation involving a significant level of discussion between solicitor, the client or the opponent (or their agent) taking place after the conclusion of the work payable under paragraph 1 and clearly documented on the file for perusal, if required, by the Board.
7A. The fee under paragraph 2(a)(iii) is payable only where–
(a) no settlement is achieved but an outcome or disposal is reached and the solicitor can demonstrate that an exercise of sustained negotiation involving a significant level of discussion between the solicitor, the client and, as the case may be, the opponent (or the opponent's agent) took place;
(b) the Board is satisfied that all the additional work carried out by the solicitor was reasonable and necessary in all the circumstances of the case; and
(c) the work is clearly documented on the file and may be perused by the Board as required.
8. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on paragraph 2(a)(ii) or (iii) will be a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.
9. The fee under paragraph 3(a) is payable only in relation to time engaged in the conduct of the hearing and any continued hearing including a hearing under Rule 18.3 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907. The conduct of the hearing is the actual time involved in the substantive argument and does not include any formal attendance at a hearing for the purpose of seeking an adjournment or other formal attendance not devoted to the stating of the argument.
10. The fee payable under paragraph 3(a)(i) includes the first quarter hour of argument, even if involving appearances on different dates. The fee is not chargeable on a quarter hour block but rather on the total number of minutes taken up in argument at a hearing or continued hearings.
11. The fee payable under paragraph 4(a) includes the notarial fee unless, on cause shown, the affidavit cannot be notarised within the principal agent's firm, in which case a fee of one unit is payable to the external notary. Charges levied by notaries outwith the United Kingdom shall be paid according to the circumstances of the case.
12. The fees under paragraph 4(b), (c), (d) and (e) are payable only once in any case.
13. The fee under paragraph 4(e) is payable only where the settlement conference or negotiation takes place in one location or by telephone. This fee is payable in relation to one meeting (including a continued meeting) in relation to any case and is payable only where-
(a) negotiation commences at least 14 days prior to the proof; and
(b) the fee under paragraph 4(f) is not charged in the case,
and where this fee is claimed the work done should be clearly documented on the file, for perusal, if required, by the Board.
14. The fee under paragraph 4(f) is payable only where no other attendance fee is charged in relation to any appearance at which authority is interponed to the Joint Minute and is not payable in addition to any fee under paragraph 5(a)(ii) to (iii).
14A. The fee under paragraph 4(k) in contentious contact dispute cases is payable only where the additional work is necessary as a result of a material issue and not due to one party's refusal to resolve any contact issue.
14B. The fee under paragraph 4(k) is payable in respect of each of the circumstances specified in that sub-paragraph.
15. The fee under paragraph 5(a) is only payable once in any case and the fee under paragraph 5(a)(iii) includes preparation for a debate on evidence.
16. The fee under paragraph 5(b) is payable only in respect of a debate in law.
17. [Revoked]
18. Notwithstanding paragraph 5(e), the taking of an appeal to the Sheriff Appeal Court is a distinct proceeding and shall require a separate application for civil legal aid and nothing in this table shall imply otherwise.
19. The fee under paragraph 6 is payable on the total time engaged per day and is payable cumulatively between waiting and conduct time, rounded up to the nearest 15 minutes. The fee is payable–
(a) from the time appointed by the court for the hearing; or
(b) from the conclusion of any other business (including non legal aid cases) ending prior to the hearing,
whichever is the shorter.
20. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 21.
21. In addition to the fees payable under this chapter, travel time is payable at £9.12 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:-
(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;
(b) the solicitor's attendance is necessary for the advancement of the case;
(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;
(d) when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).
22. Travel expenses may only be incurred where travel time is chargeable.
23. Where it would be more cost effective to travel by public transport the solicitor shall do so.
24. No fee is allowable unless the work for which the fee is payable has been completed in its entirety.
TABLE OF FEES
Fee payable | Units | ||
1. Instruction Fee- | |||
(a) | To cover all work from the taking of instructions to the conclusion of proceedings where no fee is payable under paragraph (b). | 10 | |
(b) | To cover all work from the taking of instructions to– | 20 | |
(i) | commence proceedings until the lodging of a Notice of Intention to Defend or the first appearance of the defender; or | ||
(ii) | to defend proceedings until the date appointed for the lodging of defences, the making of an order dispensing with written defences, the first appearance of the defender or the issue of the usual procedural timetable (except as specifically provided below). | ||
(c). | Counterclaim - Additional fee where a counterclaim is lodged | 4 | |
(d) | Transfer of Agency - receiving instructions after a transfer of agency, where defences have, or should already have been, lodged, to include familiarising the incoming agent with the file. | 8 | |
2. Progress Fees- | |||
(a) | (i) | To cover all additional work (including adjustment and attendance at Options Hearing) from the conclusion of the work in Paragraph 1 until the allowance of a Proof or Debate or other court hearing fixed for the purpose of settlement (except as specifically provided below); | 19 |
(ii) | To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents and resulting, prior to the allowance of a Proof, Debate, or other court hearing fixed for the purpose of settlement, in the negotiated settlement of the action (except as specifically provided below); or | 19 | |
(iii) | To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents where, prior to the allowance of a Proof or Debate, or other court hearing fixed for the purpose of settlement, an outcome or disposal is effected (subject to a maximum charge of 10 units) (except as specifically provided below); | 10 | |
(b) | Fee to cover all work for the preparation and attendance at any Continued Options Hearing including the preparation of an amended Record. | 2 | |
3. Motions and Minutes etc.- | |||
(a) | Fee to cover drawing, intimating, lodging, receiving and opposing (if so advised) any reponing note or written motion or minute (including Motions for interim orders) for any party- | ||
(i) | where opposed or unopposed and involving a hearing before the Sheriff, to include the first quarter hour of argument, even if involving appearances on different dates | 6 | |
(ii) | where unopposed and not involving a hearing | 2 | |
(iii) | thereafter attendance fee per quarter hour, including any continuation of the diet ordered by the Sheriff to allow a minute of amendment to be received and answered | 1 | |
(b) | Fee to cover drawing, or receiving Minute of Amendment, in addition to motion fee, if appropriate – | ||
(i) | where assisted person is party bringing amendment and no answers lodged; | 4 | |
(ii) | where amendment is sought by another party and no answers lodged by assisted person; | 2 | |
(iii) | where answered, to include adjustment as required, for any party. | 6 | |
(c) | Specification of Documents, in addition to motion fee, if appropriate – | ||
(i) | fee to cover drawing, intimating and lodging Specification | 4 | |
(ii) | fee to opposing solicitor. | 2 | |
4. Miscellaneous Fees | |||
(a) | Affidavits - to framing all necessary affidavits, per sheet. | 1 | |
(b) | Contact Arrangements - fee arranging or attempting to arrange interim contact arrangements where appropriate. | 6 | |
(c) | Notice to Admit - preparing and serving/receiving a Notice to admit and serving a counter notice if required. | 4 | |
(d) | Joint Minute of Admissions - preparing and/or considering and executing a joint minute of admissions with a view to avoiding unnecessary evidence or disposing of some (but not all) craves. | 4 | |
(e) | Settlement conference/negotiation - participating in a settlement conference or negotiation after the allowance of a proof or debate where the solicitor making the claim is authorised in advance by the client to participate, per quarter hour (subject to a maximum charge of 8 units). | 1 | |
(f) | Extra Judicial Settlement - fee to cover work to formalise settlement. | 8 | |
(g) | Minute of Agreement - to drawing/revising Minute of Agreement necessary to accomplish or record overall settlement per sheet (subject to a maximum charge of 8 units). | 1 | |
(h) | Report Fee - to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either- | ||
(i) | where the report is commissioned by the solicitor for the assisted person; or | 4 | |
(ii) | the report is commissioned by order of Court. | ||
(i) | Additional Procedure - additional fee where Additional Procedure invoked in terms of Chapter 10 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (to include attendance at any procedural hearing(s). | 4 | |
(j) | Additional fee where the action involves a third party minuter at any stage. | 4 | |
(k) | Additional fee where the action involves– | 4 | |
(i) | a complex financial dispute leading to protracted negotiations; | ||
(ii) | a complex pension sharing arrangement; or | ||
(iii) | a contentious contact dispute. | ||
(l) | Peremptory diet – fee to cover all work in connection with a peremptory diet (excluding attendance at court). | 3 | |
5. Preparation | |||
(a) | Preparation for proof or evidential child welfare hearing | ||
(i) | If action settled or abandoned not later than 14 days before the diet of proof or evidential child welfare hearing. | 18 | |
(ii) | Where the action settles within 14 days of, or on the day of, or after the diet of proof or evidential child welfare hearing but without evidence being lead. | 24 | |
(iii) | In any other case where evidence is led (to include settling with witnesses and enquiring for cause at avizandum (if required). | 36 | |
(aa) | Preparation for Child Welfare Hearing | ||
(i) | Fee to cover all work preparing for first hearing. | 6 | |
(ii) | Fee to cover all work preparing for each subsequent hearing. | 3 | |
(b) | Preparation for Debate- | ||
Fee to cover all work in connection with preparing for any debate, where such debate takes place prior to proof or Proof Before Answer. | 8 | ||
(c) | [Revoked] | ||
(d) | Commission to Take Evidence - | ||
Fee to cover all work preparing for the taking of evidence or executing specification on open commission or proceeding as provided in (iii) below- | |||
(i) | For solicitor arranging commission. | 8 | |
(ii) | For opposing solicitor. | 4 | |
(iii) | If optional procedure adopted-fee for each person on whom specification is served. | 1 | |
(iv) | Fee for perusing documents recovered-per quarter hour. | 1 | |
(e) | Preparing for Appeal - | ||
Fee to cover all work preparing for an appeal to the Sheriff Appeal Court (to include marking appeal or noting marking of appeal). | 12 | ||
6. Conduct & Waiting | |||
To waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour. | 1 |
Note:
The amended structure and the level of fees introduced by the 2007 regulations apply to fees for work done and outlays incurred on or after 10 February 2007. As regards to block fees, the practical effect is that you will be able to charge in line with the new provisions and fees as long as any part of the work, chargeable under the block fee, was undertaken on or after 10 February 2007.
SCHEDULE 6
TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7) AND IN THE SHERIFF APPEAL COURT
CHAPTER II
SHERIFF COURT CIVIL FEES (DEFENDED)
Note: Per regulation 5(2A) as amended by SSI 2022 No 30 in force 1 April 2022 the value of the unit for the fees set out in Schedule 6 is £23.86
Notes on the operation of chapter II
Payment of the fees set out in the table in this chapter is subject to the following provisions.
1. In assessing any account lodged with the Board on a solicitor and client, third party paying basis, regard shall be had to –
(a) what would be considered reasonable in a judicial taxation, on a party and party basis, for conducting the proceedings in a proper manner; and
(b) any work or expense specifically sanctioned, certified or authorised by the Board.
2. It shall be competent for the Auditor to disallow any fee which he shall judge irregular or unnecessary.
3. In the taxation of accounts where counsel is employed –
(a) counsel's fees are allowed only where the Board has sanctioned the employment of counsel;
(b) except on cause shown, fees to counsel for only two consultations in the course of the cause are allowed; and
(c) except on cause shown, fees to counsel shall not be payable for attendance at hearings which are routine or procedural or which do not advance the cause.
4. A fee in respect of a Minute of Amendment is only payable to the solicitor bringing the amendment where –
(a) the Minute was necessary due to a new development in the case;
(b) relevant information which was previously unknown to the solicitor came to the solicitor's attention; or
(c) the work could not have been done at an earlier stage in the proceedings.
5. The fees set out in this chapter include –
(a) all correspondence, telephone calls or communication of whatever nature with the Board;
(b) all fees incurred by any other solicitor in relation to work done in any part of the case, which shall not be a chargeable outlay; and
(c) copyings,
and include not only the work expressly set out within the terms of each paragraph but also (unless specifically provided for) all meetings, correspondence, precognitions, negotiation ancillary thereto, and all posts and incidental expenses.
6. The fee under paragraph 1(d) is payable on each transfer of agency but is not payable where an advice and assistance account in respect of the same matter is charged to the Board or the client. Where there is a transfer of agency, the solicitor from whom agency is transferred shall be paid the whole fee for work done by that solicitor in respect of any paragraph or sub-paragraph; and where work done under any paragraph or sub-paragraph is only partially completed by that solicitor, the fee payable in respect of that work shall be apportioned equally between the solicitor from whom agency is transferred and the solicitor to whom agency is transferred.
7. A fee is payable under paragraph 2(a)(i), (ii) or (iii); more than one fee cannot be claimed. The fee under paragraph 2(a)(ii) is only payable where it is unlikely that the action would have settled without the input of the solicitor and the solicitor certifies that settlement took place in consequence of one or both of the following circumstances:-
(a) settlement was expressed within an extraneous Minute of Agreement or a Joint Minute (other than a Joint Minute for dismissal or decree simpliciter) encompassing an outcome materially different from the terms of any interim order of court in force immediately prior to the execution of that Joint Minute or Minute of Agreement;
(b) settlement followed upon an exercise of sustained negotiation involving a significant level of discussion between solicitor, the client or the opponent (or their agent) taking place after the conclusion of the work payable under paragraph 1 and clearly documented on the file for perusal, if required, by the Board.
7A. The fee under paragraph 2(a)(iii) is payable only where–
(a) no settlement is achieved but an outcome or disposal is reached and the solicitor can demonstrate that an exercise of sustained negotiation involving a significant level of discussion between the solicitor, the client and, as the case may be, the opponent (or the opponent's agent) took place;
(b) the Board is satisfied that all the additional work carried out by the solicitor was reasonable and necessary in all the circumstances of the case; and
(c) the work is clearly documented on the file and may be perused by the Board as required.
8. The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on paragraph 2(a)(ii) or (iii) will be a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.
9. The fee under paragraph 3(a) is payable only in relation to time engaged in the conduct of the hearing and any continued hearing including a hearing under Rule 18.3 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907. The conduct of the hearing is the actual time involved in the substantive argument and does not include any formal attendance at a hearing for the purpose of seeking an adjournment or other formal attendance not devoted to the stating of the argument.
10. The fee payable under paragraph 3(a)(i) includes the first quarter hour of argument, even if involving appearances on different dates. The fee is not chargeable on a quarter hour block but rather on the total number of minutes taken up in argument at a hearing or continued hearings.
11. The fee payable under paragraph 4(a) includes the notarial fee unless, on cause shown, the affidavit cannot be notarised within the principal agent's firm, in which case a fee of one unit is payable to the external notary. Charges levied by notaries outwith the United Kingdom shall be paid according to the circumstances of the case.
12. The fees under paragraph 4(b), (c), (d) and (e) are payable only once in any case.
13. The fee under paragraph 4(e) is payable only where the settlement conference or negotiation takes place in one location or by telephone. This fee is payable in relation to one meeting (including a continued meeting) in relation to any case and is payable only where-
(a) negotiation commences at least 14 days prior to the proof; and
(b) the fee under paragraph 4(f) is not charged in the case,
and where this fee is claimed the work done should be clearly documented on the file, for perusal, if required, by the Board.
14. The fee under paragraph 4(f) is payable only where no other attendance fee is charged in relation to any appearance at which authority is interponed to the Joint Minute and is not payable in addition to any fee under paragraph 5(a)(ii) to (iii).
14A. The fee under paragraph 4(k) in contentious contact dispute cases is payable only where the additional work is necessary as a result of a material issue and not due to one party's refusal to resolve any contact issue.
14B. The fee under paragraph 4(k) is payable in respect of each of the circumstances specified in that sub-paragraph.
15. The fee under paragraph 5(a) is only payable once in any case and the fee under paragraph 5(a)(iii) includes preparation for a debate on evidence.
16. The fee under paragraph 5(b) is payable only in respect of a debate in law.
17. [Revoked]
18. Notwithstanding paragraph 5(e), the taking of an appeal to the Sheriff Appeal Court is a distinct proceeding and shall require a separate application for civil legal aid and nothing in this table shall imply otherwise.
19. The fee under paragraph 6 is payable on the total time engaged per day and is payable cumulatively between waiting and conduct time, rounded up to the nearest 15 minutes. The fee is payable–
(a) from the time appointed by the court for the hearing; or
(b) from the conclusion of any other business (including non legal aid cases) ending prior to the hearing,
whichever is the shorter.
20. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 21.
21. In addition to the fees payable under this chapter, travel time is payable at £8.27 per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:-
(a) the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;
(b) the solicitor's attendance is necessary for the advancement of the case;
(c) the distance travelled is at least 10 miles in each direction from the solicitor's normal place of work;
(d) when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).
22. Travel expenses may only be incurred where travel time is chargeable.
23. Where it would be more cost effective to travel by public transport the solicitor shall do so.
24. No fee is allowable unless the work for which the fee is payable has been completed in its entirety.
TABLE OF FEES
Fee payable | Units | ||
1. Instruction Fee- | |||
(a) | To cover all work from the taking of instructions to the conclusion of proceedings where no fee is payable under paragraph (b). | 10 | |
(b) | To cover all work from the taking of instructions to– | 20 | |
(i) | commence proceedings until the lodging of a Notice of Intention to Defend or the first appearance of the defender; or | ||
(ii) | to defend proceedings until the date appointed for the lodging of defences, the making of an order dispensing with written defences, the first appearance of the defender or the issue of the usual procedural timetable (except as specifically provided below). | ||
(c). | Counterclaim - Additional fee where a counterclaim is lodged | 4 | |
(d) | Transfer of Agency - receiving instructions after a transfer of agency, where defences have, or should already have been, lodged, to include familiarising the incoming agent with the file. | 8 | |
2. Progress Fees- | |||
(a) | (i) | To cover all additional work (including adjustment and attendance at Options Hearing) from the conclusion of the work in Paragraph 1 until the allowance of a Proof or Debate or other court hearing fixed for the purpose of settlement (except as specifically provided below); | 19 |
(ii) | To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents and resulting, prior to the allowance of a Proof, Debate, or other court hearing fixed for the purpose of settlement, in the negotiated settlement of the action (except as specifically provided below); or | 19 | |
(iii) | To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents where, prior to the allowance of a Proof or Debate, or other court hearing fixed for the purpose of settlement, an outcome or disposal is effected (subject to a maximum charge of 10 units) (except as specifically provided below); | 10 | |
(b) | Fee to cover all work for the preparation and attendance at any Continued Options Hearing including the preparation of an amended Record. | 2 | |
3. Motions and Minutes etc.- | |||
(a) | Fee to cover drawing, intimating, lodging, receiving and opposing (if so advised) any reponing note or written motion or minute (including Motions for interim orders) for any party- | ||
(i) | where opposed or unopposed and involving a hearing before the Sheriff, to include the first quarter hour of argument, even if involving appearances on different dates | 6 | |
(ii) | where unopposed and not involving a hearing | 2 | |
(iii) | thereafter attendance fee per quarter hour, including any continuation of the diet ordered by the Sheriff to allow a minute of amendment to be received and answered | 1 | |
(b) | Fee to cover drawing, or receiving Minute of Amendment, in addition to motion fee, if appropriate – | ||
(i) | where assisted person is party bringing amendment and no answers lodged; | 4 | |
(ii) | where amendment is sought by another party and no answers lodged by assisted person; | 2 | |
(iii) | where answered, to include adjustment as required, for any party. | 6 | |
(c) | Specification of Documents, in addition to motion fee, if appropriate – | ||
(i) | fee to cover drawing, intimating and lodging Specification | 4 | |
(ii) | fee to opposing solicitor. | 2 | |
4. Miscellaneous Fees | |||
(a) | Affidavits - to framing all necessary affidavits, per sheet. | 1 | |
(b) | Contact Arrangements - fee arranging or attempting to arrange interim contact arrangements where appropriate. | 6 | |
(c) | Notice to Admit - preparing and serving/receiving a Notice to admit and serving a counter notice if required. | 4 | |
(d) | Joint Minute of Admissions - preparing and/or considering and executing a joint minute of admissions with a view to avoiding unnecessary evidence or disposing of some (but not all) craves. | 4 | |
(e) | Settlement conference/negotiation - participating in a settlement conference or negotiation after the allowance of a proof or debate where the solicitor making the claim is authorised in advance by the client to participate, per quarter hour (subject to a maximum charge of 8 units). | 1 | |
(f) | Extra Judicial Settlement - fee to cover work to formalise settlement. | 8 | |
(g) | Minute of Agreement - to drawing/revising Minute of Agreement necessary to accomplish or record overall settlement per sheet (subject to a maximum charge of 8 units). | 1 | |
(h) | Report Fee - to instructing (if required) perusing and taking instructions on any report extending to at least four sheets obtained from a professional or expert person, either- | ||
(i) | where the report is commissioned by the solicitor for the assisted person; or | 4 | |
(ii) | the report is commissioned by order of Court. | ||
(i) | Additional Procedure - additional fee where Additional Procedure invoked in terms of Chapter 10 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (to include attendance at any procedural hearing(s). | 4 | |
(j) | Additional fee where the action involves a third party minuter at any stage. | 4 | |
(k) | Additional fee where the action involves– | 4 | |
(i) | a complex financial dispute leading to protracted negotiations; | ||
(ii) | a complex pension sharing arrangement; or | ||
(iii) | a contentious contact dispute. | ||
(l) | Peremptory diet – fee to cover all work in connection with a peremptory diet (excluding attendance at court). | 3 | |
5. Preparation | |||
(a) | Preparation for proof or evidential child welfare hearing | ||
(i) | If action settled or abandoned not later than 14 days before the diet of proof or evidential child welfare hearing. | 18 | |
(ii) | Where the action settles within 14 days of, or on the day of, or after the diet of proof or evidential child welfare hearing but without evidence being lead. | 24 | |
(iii) | In any other case where evidence is led (to include settling with witnesses and enquiring for cause at avizandum (if required). | 36 | |
(aa) | Preparation for Child Welfare Hearing | ||
(i) | Fee to cover all work preparing for first hearing. | 6 | |
(ii) | Fee to cover all work preparing for each subsequent hearing. | 3 | |
(b) | Preparation for Debate- | ||
Fee to cover all work in connection with preparing for any debate, where such debate takes place prior to proof or Proof Before Answer. | 8 | ||
(c) | [Revoked] | ||
(d) | Commission to Take Evidence - | ||
Fee to cover all work preparing for the taking of evidence or executing specification on open commission or proceeding as provided in (iii) below- | |||
(i) | For solicitor arranging commission. | 8 | |
(ii) | For opposing solicitor. | 4 | |
(iii) | If optional procedure adopted-fee for each person on whom specification is served. | 1 | |
(iv) | Fee for perusing documents recovered-per quarter hour. | 1 | |
(e) | Preparing for Appeal - | ||
Fee to cover all work preparing for an appeal to the Sheriff Appeal Court (to include marking appeal or noting marking of appeal). | 12 | ||
6. Conduct & Waiting | |||
To waiting for or attending by solicitor at the conduct of any hearing not otherwise prescribed (including any continued hearing and ancillary hearing on expenses or other miscellaneous subsequent hearing) per quarter hour. | 1 |
Note:
The amended structure and the level of fees introduced by the 2007 regulations apply to fees for work done and outlays incurred on or after 10 February 2007. As regards to block fees, the practical effect is that you will be able to charge in line with the new provisions and fees as long as any part of the work, chargeable under the block fee, was undertaken on or after 10 February 2007.
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 2
FEES OF SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT
Regulation 5
1. Subject to the following provisions of this Schedule fees shall be calculated in accordance with the Table of Fees in this Schedule
2. Chapter III of the Table of Fees in this Schedule shall have effect subject to the following provisions:–
(a) in paragraph 2 of Part I and paragraph 7 of Part II, no fee is allowable for attendance at a continuation of the first calling, unless specifically authorised by the court;
(b) in Part I, in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the summons;
(c) in Part II, in respect of paragraph 22 (final procedure), no fee shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision;
(d) unless the sheriff, on an incidental application in that behalf, otherwise directs, all fees chargeable under Chapter III shall be reduced by 50% in respect of–
(i) undefended actions for recovery of heritable property;
(ii) actions under the Tenancy of Shops (Scotland) Act 1949 or section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963
2A. In Chapter III of the Table of Fees in this Schedule –
“attendance at court” means waiting for and conducting any hearing unless specifically provided for elsewhere in the Chapter;
“half hour” shall be read as if immediately followed by the words “(or part thereof)”;
“a page” consists of 125 words or numbers; and
“a sheet” consists of 250 words or numbers.
3. In this Schedule "process fee" means the fee set out in paragraph 17 of Chapter II of the Table of Fees in this Schedule. (Note: Chapter II is no longer relevant and is omitted from this version)
TABLE OF FEES
CHAPTER III
Part 1 - Undefended Actions | |||
1. | The fee for citation, service or re-service after the first citation— | ||
(a) | to any destination by post | £8.46 | |
(b) | by advertisement | £23.81 | |
2. | The fee for attendance at court | £23.81 | |
3. | The fee for all other work | £66.97 |
Part 2 - Defended Actions | ||||
1. | The instruction fee— | |||
(a) | for the pursuer’s solicitor, including taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for the form of response and noting defence | £101.58 | ||
(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 | £101.58 | ||
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 | £50.84 | ||
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 | £8.46 | ||
(ii) | other than one specified in paragraph (i) | £18.08 | ||
(b) | sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee | £8.46 | ||
(c) | advertisement, to include framing and instructing the advertisement | £26.44 | ||
4. | In connection with the first hearing of the cause— | |||
(a) | the fee for attendance at court, including noting the outcome of the hearing | £87.83 | ||
(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 | £26.44 | ||
5. | The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour | £26.44 | ||
6. | The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet | £39.16 | ||
7. | The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet | £19.59 | ||
8. | In connection with reports commissioned by order of Court, the fee for— | |||
(a) | all incidental work, including instructing the report | £26.44 | ||
(b) | each half hour perusing the report | £26.44 | ||
9. | The fee, per inventory, for— | |||
(a) | lodging productions | £39.16 | ||
(b) | perusing the opposition’s productions | £18.08 | ||
10. | The fee for framing affidavits, per sheet | £19.59 | ||
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 | £55.74 | ||
(ii) | unopposed | £33.48 | ||
(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 | £45.86 | ||
(ii) | unopposed | £26.44 | ||
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 | £26.44 | ||
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 | £91.70 | ||
(ii) | paragraph (i) does not apply | £110.08 | ||
(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 | £45.86 | ||
(ii) | paragraph (i) does not apply | £55.05 | ||
14. | The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition | £26.44 | ||
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 | £26.44 | ||
(b) | waiting in court for that hearing | £14.06 | ||
16. | In connection with a debate on evidence not taken at the close of proof, the fee for— | |||
(a) | all preparatory work | £61.42 | ||
(b) | attendance at court, per half hour | £26.44 | ||
17. | In connection with a minute of judicial tender— | |||
(a) | the fee for consideration of, preparing and lodging the minute | £55.74 | ||
(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 | £39.16 | ||
(c) | on rejection of the tender, the fee for considering it | £39.16 | ||
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 | £91.70 | ||
19. | In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972, the fee for— | |||
(a) | drawing, intimating and lodging the application and, where relevant, specification and any relative attendance at court, where the application is— | |||
(i) | opposed | £61.28 | ||
(ii) | unopposed | £33.48 | ||
(b) | considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is— | |||
(i) | opposed | £45.86 | ||
(ii) | unopposed | £26.44 | ||
(c) | each subsequent half hour, where attendance at court exceeds half an hour | £26.44 | ||
(d) | citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour | £26.44 | ||
(e) | serving an order on each person, if optional procedure is adopted | £18.08 | ||
(f) | each half hour perusing the documents recovered | £26.44 | ||
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 | £61.42 | ||
(ii) | opposing solicitor | £26.44 | ||
(b) | each half hour attending the execution of the commission | £26.44 | ||
21. | At the conclusion of the cause, the fee for— | |||
(a) | settling with witnesses and noting the final decree | £55.74 | ||
(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 | £55.74 | ||
(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 | £26.44 |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 2
FEES OF SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT
Regulation 5
1. Subject to the following provisions of this Schedule fees shall be calculated in accordance with the Table of Fees in this Schedule
2. Chapter III of the Table of Fees in this Schedule shall have effect subject to the following provisions:–
(a) in paragraph 2 of Part I and paragraph 7 of Part II, no fee is allowable for attendance at a continuation of the first calling, unless specifically authorised by the court;
(b) in Part I, in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the summons;
(c) in Part II, in respect of paragraph 22 (final procedure), no fee shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision;
(d) unless the sheriff, on an incidental application in that behalf, otherwise directs, all fees chargeable under Chapter III shall be reduced by 50% in respect of–
(i) undefended actions for recovery of heritable property;
(ii) actions under the Tenancy of Shops (Scotland) Act 1949 or section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963
2A. In Chapter III of the Table of Fees in this Schedule –
“attendance at court” means waiting for and conducting any hearing unless specifically provided for elsewhere in the Chapter;
“half hour” shall be read as if immediately followed by the words “(or part thereof)”;
“a page” consists of 125 words or numbers; and
“a sheet” consists of 250 words or numbers.
3. In this Schedule "process fee" means the fee set out in paragraph 17 of Chapter II of the Table of Fees in this Schedule. (Note: Chapter II is no longer relevant and is omitted from this version)
TABLE OF FEES
CHAPTER III
Part 1 - Undefended Actions | |||
1. | The fee for citation, service or re-service after the first citation— | ||
(a) | to any destination by post | £7.67 | |
(b) | by advertisement | £21.60 | |
2. | The fee for attendance at court | £21.60 | |
3. | The fee for all other work | £60.77 |
Part 2 - Defended Actions | ||||
1. | The instruction fee— | |||
(a) | for the pursuer’s solicitor, including taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for the form of response and noting defence | £92.17 | ||
(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 | £92.17 | ||
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 | £46.13 | ||
3. | The fee for citation, service or re-service, except as provided for in paragraph 19(e), by— | |||
(a) | post, to a destination— | |||
(i) | within the United Kingdom, Isle of Man, Channel Islands or the Republic of Ireland | £7.67 | ||
(ii) | other than one specified in paragraph (i) | £16.40 | ||
(b) | sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee | £7.67 | ||
(c) | advertisement, to include framing and instructing the advertisement | £23.99 | ||
4. | In connection with the first hearing of the cause— | |||
(a) | the fee for attendance at court, including noting the outcome of the hearing | £79.70 | ||
(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 | £23.99 | ||
5. | The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour | £23.99 | ||
6. | The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet | £35.53 | ||
7. | The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet | £17.77 | ||
8. | In connection with reports commissioned by order of Court, the fee for— | |||
(a) | all incidental work, including instructing the report | £23.99 | ||
(b) | each half hour perusing the report | £23.99 | ||
9. | The fee, per inventory, for— | |||
(a) | lodging productions | £35.53 | ||
(b) | perusing the opposition’s productions | £16.40 | ||
10. | The fee for framing affidavits, per sheet | £17.77 | ||
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 | £50.58 | ||
(ii) | unopposed | £30.38 | ||
(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 | £41.61 | ||
(ii) | unopposed | £23.99 | ||
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 | £23.99 | ||
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 | £83.21 | ||
(ii) | paragraph (i) does not apply | £99.89 | ||
(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 | £41.61 | ||
(ii) | paragraph (i) does not apply | £49.95 | ||
14. | The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition | £23.99 | ||
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 | £23.99 | ||
(b) | waiting in court for that hearing | £12.75 | ||
16. | In connection with a debate on evidence not taken at the close of proof, the fee for— | |||
(a) | all preparatory work | £55.73 | ||
(b) | attendance at court, per half hour | £23.99 | ||
17. | In connection with a minute of judicial tender— | |||
(a) | the fee for consideration of, preparing and lodging the minute | £50.58 | ||
(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 | £35.53 | ||
(c) | on rejection of the tender, the fee for considering it | £35.53 | ||
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 | £83.21 | ||
19. | In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972, the fee for— | |||
(a) | drawing, intimating and lodging the application and, where relevant, specification and any relative attendance at court, where the application is— | |||
(i) | opposed | £55.60 | ||
(ii) | unopposed | £30.38 | ||
(b) | considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is— | |||
(i) | opposed | £41.61 | ||
(ii) | unopposed | £23.99 | ||
(c) | each subsequent half hour, where attendance at court exceeds half an hour | £23.99 | ||
(d) | citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour | £23.99 | ||
(e) | serving an order on each person, if optional procedure is adopted | £16.40 | ||
(f) | each half hour perusing the documents recovered | £23.99 | ||
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 | £55.73 | ||
(ii) | opposing solicitor | £23.99 | ||
(b) | each half hour attending the execution of the commission | £23.99 | ||
21. | At the conclusion of the cause, the fee for— | |||
(a) | settling with witnesses and noting the final decree | £50.58 | ||
(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 | £50.58 | ||
(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 | £23.99 |
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 2
CHAPTER IV - EXECUTRY BUSINESS
1. Petition for decree dative | |
Inclusive fee for taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition | £42.20 |
2. Restriction of Caution | |
Inclusive fee for taking instructions to prepare petition, drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition | £42.20 |
3. Fees for other work shall be chargeable according to schedule 3 |
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 2
CHAPTER IV - EXECUTRY BUSINESS
1. Petition for decree dative | |
Inclusive fee for taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition | £38.29 |
2. Restriction of Caution | |
Inclusive fee for taking instructions to prepare petition, drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition | £38.29 |
3. Fees for other work shall be chargeable according to schedule 3 |
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 3
TABLE OF FEES ALLOWED TO SOLICITORS
Regulation 17
PART I
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION
1.—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 or the Age of Criminal Responsibility Act 2019 as follows:-
Criminal | Civil | Children's | ||||
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999— | ||||||
1. | The fee for— | |||||
(i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £34.32 | £41.51 | £41.51 | ||
(ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £17.17 | £20.79 | £20.79 | ||
1A. | ||||||
Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint. | £88.16 | |||||
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; | £13.23 | £15.97 | £15.97 | ||
(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. | £6.59 | £7.97 | £7.97 | ||
3. | The fee for— | £7.52 | £9.10 | £9.10 | ||
(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— | £3.04 | £3.64 | £3.64 | ||
(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, | £6.63 | £8.01 | £8.01 | ||
(b) | by a solicitor's clerk. | £3.31 | £4.01 | £4.01 | ||
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) | for each sheet copied, up to 10,000 sheets, and; | £0.05 | ||||
(ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. | £0.01 |
Calculation of fees for time at court and travelling
1A. The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
2.—In this table—
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
"court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;
"holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014
Petition by debtor for sequestration
3.—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) £41.51 for any time spent by a solicitor appearing in court in connection with the petition; and
(b) £68.16 for all other work in connection with the petition.
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 3
TABLE OF FEES ALLOWED TO SOLICITORS
Regulation 17
PART I
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION
1.—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 or the Age of Criminal Responsibility Act 2019 as follows:-
Criminal | Civil | Children's | |||
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999— | |||||
1. | The fee for— | ||||
(i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £31.14 | £37.66 | £37.66 | |
(ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £15.58 | £18.86 | £18.86 | |
1A. | |||||
Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint. | £80.00 | ||||
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; | £12.00 | £14.49 | £14.49 | |
(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. | £5.98 | £7.23 | £7.23 | |
3. | The fee for— | £6.82 | £8.25 | £8.25 | |
(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— | £2.75 | £3.30 | £3.30 | |
(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, | £6.01 | £7.26 | £7.26 | |
(b) | by a solicitor's clerk. | £3.00 | £3.63 | £3.63 | |
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) | 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— | ||||
(ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. |
Calculation of fees for time at court and travelling
1A. The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
2.—In this table—
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
"court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;
"holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014
Petition by debtor for sequestration
3.—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) £37.66 for any time spent by a solicitor appearing in court in connection with the petition; and
(b) £61.85 for all other work in connection with the petition.
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 3
TABLE OF FEES ALLOWED TO SOLICITORS
Regulation 17
PART I
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION
1.—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 or the Age of Criminal Responsibility Act 2019 as follows:-
Criminal | Civil | Children's | |||
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999— | |||||
1. | The fee for— | ||||
(i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £29.65 | £35.86 | £35.86 | |
(ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £14.83 | £17.96 | £17.96 | |
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; | £11.42 | £13.80 | £13.80 | |
(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. | £5.69 | £6.88 | £6.88 | |
3. | The fee for— | £6.49 | £7.85 | £7.85 | |
(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— | £2.61 | £3.14 | £3.14 | |
(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, | £5.72 | £6.91 | £6.91 | |
(b) | by a solicitor's clerk. | £2.85 | £3.45 | £3.45 | |
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) | 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— | ||||
(ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. |
Calculation of fees for time at court and travelling
1A. The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
2.—In this table—
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
Petition by debtor for sequestration
3.—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) £35.86 for any time spent by a solicitor appearing in court in connection with the petition; and
(b) £59.90 for all other work in connection with the petition.
[As amended by SSI 2023 No 135 in force 29 April 2023]
SCHEDULE 5
TABLE OF DETAILED FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE COURT OF SESSION, SHERIFF APPEAL COURT AND UPPER TRIBUNAL FOR SCOTLAND, PROCEEDINGS LISTED AT REGULATION 5(3) AND PROCEEDINGS IN THE SHERIFF COURT LISTED IN SCHEDULE 7
Regulation 5 and 6
1. | The fee for— | |||
(a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £47.05 | ||
(b) | each quarter hour (or part thereof) subsequent to the first half hour | £23.53 | ||
2. | The fee for— | |||
(a) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 | £18.20 | ||
(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 | £9.00 | ||
3. | The fee for— | |||
framing affidavits – per sheet (or part thereof) | £15.42 | |||
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) | £10.39 | |||
5. | The fee for— | |||
(a) | attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |||
(b) | Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof) | |||
(c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |||
(d) | certifying or signing a document | |||
(e) | short telephone calls (of up to 4 minutes duration) | |||
(f) | short letters of a formal nature, intimations, and letters confirming telephone calls | |||
in each of sub-paragraphs (a) to (f) | £4.09 | |||
5A. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||
(a) | by a solicitor | £9.12 | ||
(b) | by a solicitor’s clerk | £4.51 | ||
6. | (a) | There is no fee for photocopying— | ||
(i) | where fewer than 20 sheets are copied at any one time | |||
(ii) | in relation to the first 20 sheets copied at any one time | |||
(b) | Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— | |||
(i) | for each sheet copied for up to 10,000 sheets | £0.05 | ||
(ii) | for each sheet copied in addition to the first 10,000 sheets | £0.01 |
Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.
Interpretation
"court" means court or tribunal as the case may be;
a "sheet" shall consist of 250 words or numbers; and
a “page” shall consist of 125 words or numbers.
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 5
TABLE OF DETAILED FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE COURT OF SESSION, SHERIFF APPEAL COURT AND UPPER TRIBUNAL FOR SCOTLAND, PROCEEDINGS LISTED AT REGULATION 5(3) AND PROCEEDINGS IN THE SHERIFF COURT LISTED IN SCHEDULE 7
Regulation 5 and 6
1. | The fee for— | |||
(a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £42.69 | ||
(b) | each quarter hour (or part thereof) subsequent to the first half hour | £21.35 | ||
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 | £16.51 | ||
(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 | £8.16 | ||
3. | The fee for— | |||
framing affidavits – per sheet (or part thereof) | £13.99 | |||
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) | £9.42 | |||
5. | The fee for— | |||
(a) | attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |||
(b) | Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof) | |||
(c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |||
(d) | certifying or signing a document | |||
(e) | short telephone calls (of up to 4 minutes duration) | |||
(f) | short letters of a formal nature, intimations, and letters confirming telephone calls | |||
in each of sub-paragraphs (a) to (f) | £3.71 | |||
5A. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||
(a) | by a solicitor | £8.27 | ||
(b) | by a solicitor’s clerk | £4.09 | ||
6. | (a) | There is no fee for photocopying— | ||
(i) | where fewer than 20 sheets are copied at any one time | |||
(ii) | in relation to the first 20 sheets copied at any one time | |||
(b) | Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— | |||
(i) | for each sheet copied for up to 10,000 sheets | £0.05 | ||
(ii) | for each sheet copied in addition to the first 10,000 sheets | £0.01 |
Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.
Interpretation
"court" means court or tribunal as the case may be;
a "sheet" shall consist of 250 words or numbers; and
a “page” shall consist of 125 words or numbers.
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 5
TABLE OF DETAILED FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE COURT OF SESSION, SHERIFF APPEAL COURT AND UPPER TRIBUNAL FOR SCOTLAND, PROCEEDINGS LISTED AT REGULATION 5(3) AND PROCEEDINGS IN THE SHERIFF COURT LISTED IN SCHEDULE 7
Regulation 5
1. | The fee for— | |||
(a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £40.65 | ||
(b) | each quarter hour (or part thereof) subsequent to the first half hour | £20.33 | ||
2. | The fee for— | |||
(a) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 | £15.72 | ||
(b) | each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table | £7.77 | ||
3. | The fee for— | |||
framing affidavits – per sheet (or part thereof) | £13.32 | |||
4. | The fee for— | |||
(a) | framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof) | |||
(b) | each citation of a party, witness or haver including execution thereof | |||
(c) | instructing messengers-at-arms and sheriff officers, including examining execution and settling fee | |||
(d) | agency accepting service or any writ | |||
(e) | lodging first step of process | |||
(f) | lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) | |||
(g) | letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below | |||
(h) | perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter— | |||
Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above | ||||
in each of sub-paragraphs (a) to (h) | £8.97 | |||
5. | The fee for— | |||
(a) | attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |||
(b) | Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof) | |||
(c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |||
(d) | certifying or signing a document | |||
(e) | short telephone calls (of up to 4 minutes duration) | |||
(f) | short letters of a formal nature, intimations, and letters confirming telephone calls | |||
in each of sub-paragraphs (a) to (f) | £3.53 | |||
5A. | The fee for each quarter of an hour (or part thereof) spent travelling— | |||
(a) | by a solicitor | £7.87 | ||
(b) | by a solicitor’s clerk | £3.89 | ||
6. | (a) | There is no fee for photocopying— | ||
(i) | where fewer than 20 sheets are copied at any one time | |||
(ii) | in relation to the first 20 sheets copied at any one time | |||
(b) | Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— | |||
(i) | for each sheet copied for up to 10,000 sheets | £0.05 | ||
(ii) | for each sheet copied in addition to the first 10,000 sheets | £0.01 |
Calculation of fees for time at court and travelling
The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.
Interpretation
"court" means court or tribunal as the case may be;
a "sheet" shall consist of 250 words or numbers;
a “page” shall consist of 125 words or numbers.
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;
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 3
TABLE OF FEES ALLOWED TO SOLICITORS
Regulation 17
PART I
TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE BY WAY OF REPRESENTATION
1.—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 2011as follows:-
Children's | |||||
(b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999— | |||||
1. | The fee for— | ||||
(i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing; | £35.86 | |||
(ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. | £17.96 | |||
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; | £13.80 | |||
(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. | £6.88 | |||
3. | The fee for— | £7.85 | |||
(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— | £3.14 | |||
(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, | £6.91 | |||
(b) | by a solicitor's clerk. | £3.45 | |||
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) | 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— | ||||
(ii) | 1 penny per sheet for each sheet copied in addition to the first 10,000 sheets. |
Calculation of fees for time at court and travelling
1A. The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
2.—In this table—
a "sheet" shall consist of 250 words or numbers; and
a "page" shall consist of 125 words or numbers.
Petition by debtor for sequestration
3.—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) £35.86 for any time spent by a solicitor appearing in court in connection with the petition; and
(b) £58.90 for all other work in connection with the petition.
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 </br/>
The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.</br/></br/>
Interpretation</br/>
In this table –</br/></br/>
a “sheet” shall consist of 250 words or numbers;</br/></br/>
a “page” shall consist of 125 words or numbers.</br/></br/>
Petition by debtor for sequestration</br/>
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 –</br/></br/>
(a) £34.15 for any time spent by a solicitor appearing in court in connection with the petition; and</br/></br/>
(b) £56.09 for all other work in connection with the petition.</br/>
Proceedings in the High Court of Justiciary, Appeals, Sheriff and JP cases.
For previous fee tables, please see:
Schedule 2 - Fees of counsel for work done or outlays incurred on or after 26 April 2019 but before 22 March 2021
Schedule 2 - Fees of counsel for work done or outlays incurred before 26 April 2019
Schedule 2 - Fees of counsel: Notes on the operation
[As amended by SSI 2024 No 119 in force 30 April 2024]
SCHEDULE 2
FEES OF COUNSEL
Regulation 10
PART 1
FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY
CHAPTER 1
JUNIOR COUNSEL
1A. | Written Work | ||||
(a) | [revoked] | ||||
(b) | Drafting devolution or compatibility minute | £170.35 | |||
(c) | Drafting section 275 application under the 1995 Act | £170.35 | |||
(d) | Drafting specification of documents | £141.95 | |||
(e) | Drafting interrogatories | £141.95 | |||
(f) | Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act | £141.95 | |||
(g) | Drafting written questions in respect of the first vulnerable witness or child witness | Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel | |||
(h) | Drafting written questions in respect of the second and each subsequent, vulnerable witness or child witness | Payable at half rate for a trial (paragraph 3 below) depending on category of case and status of counsel | |||
(i) | Opinion on sentence | £85.18 | |||
(j) | Opinion in an appeal by way of Bill of Suspension or Stated Case | £141.95 | |||
(k) | Opinion in any other case | £227.12–£397.46 | |||
(l) | Drafting written submissions where ordered by the court | £350.00 | |||
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 either— . | |||
(i) | one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel, or | ||||
(ii) | in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice 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. | |||
Junior as leader | Junior alone | Junior with leader | |||
(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. | £431.52 | £374.75 | £255.51 | |
(c) | Adjourned diet under section 75A of the 1995 Act, or continued diet | £431.52 | £374.75 | £255.51 | |
(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. | £1,419.48 | £1,419.48 | £709.74 | ||
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, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), 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, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015. | £851.69 | £738.13 | £511.02 | |
(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, 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, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Offences under section 28 of the 2010 Act, Reckless and culpable conduct. | £701.24 | £607.55 | £425.85 | |
(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 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace, Stalking, Offences under the Psychoactive Substances Act 2016. | £562.12 | £488.31 | £346.36 | |
4. | Miscellaneous Hearings | ||||
(a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £408.81 | £357.72 | £255.51 | |
(aa) | judicial examination | £408.81 | £357.72 | £255.51 | |
(b) | preliminary diet | £408.81 | £357.72 | £255.51 | |
(c) | hearing under section 275 of the 1995 Act | £408.81 | £357.72 | £255.51 | |
(d) | hearing on specification of documents | £408.81 | £357.72 | £255.51 | |
(e) | hearing on a devolution or compatibility minute | £408.81 | £357.72 | £255.51 | |
(f) | hearing on an application by the Crown for an extension of time | £408.81 | £357.72 | £255.51 | |
(g) | hearing under section 72 of the 1995 Act | £204.41 | £178.87 | £127.77 | |
(h) | hearing on a motion to adjourn | £204.41 | £178.87 | £127.77 | |
(i) | hearing on an application for special measures | £204.41 | £178.87 | £127.77 | |
(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) | £851.69 | £738.13 | £511.02 | |
(ii) | paragraph 3(b) | £701.24 | £607.55 | £425.85 | |
(iii) | paragraph 3(c) | £562.12 | £488.31 | £346.36 | |
(k) | confiscation diet where no substantial evidence is led | £408.81 | £357.72 | £255.51 | |
(l) | deferred sentence where mitigation is led | £408.81 | £357.72 | £255.51 | |
(m) | deferred sentence where no mitigation is led | £204.41 | £178.87 | £127.77 | |
(n) | remit for sentence | £408.81 | £357.72 | £255.51 | |
(na) | drug treatment and testing order review | £204.41 | £178.87 | £127.77 | |
(nb) | drug treatment and testing order review where mitigation led and order revoked | £408.81 | £357.72 | £255.51 | |
(o) | adjourned trial diet | £204.41 | £178.87 | £127.77 | |
(p) | adjourned trial diet (trial having commenced) | £408.81 | £357.72 | £255.51 | |
(pa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £408.81 | £357.72 | £255.51 | |
(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. | |||
(u) | diet of debate | 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 or where counsel require to view joint investigative interviews | £238.48 | £208.95 | £153.32 | |
5A. | Fee for abortive consultation | £119.24 | £104.48 | £76.67 | |
6. | Fee for a necessary Note | £56.79 | £56.79 | £56.79 | |
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 | £113.56 | £113.56 | £113.56 | ||
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £227.12 | £227.12 | £227.12 | ||
8. | Accommodation and associated subsistence | ||||
Payment of necessary accommodation and associated subsistence per day | £125.14 | £125.14 | £125.14 |
[As amended by SSI 2023 No in force 15 November 2023]
SCHEDULE 2
FEES OF COUNSEL
Regulation 10
PART 1
FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY
CHAPTER 1
JUNIOR COUNSEL
1A. | Written Work | ||||
(a) | [revoked] | ||||
(b) | Drafting devolution or compatibility minute | £170.35 | |||
(c) | Drafting section 275 application under the 1995 Act | £170.35 | |||
(d) | Drafting specification of documents | £141.95 | |||
(e) | Drafting interrogatories | £141.95 | |||
(f) | Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act | £141.95 | |||
(g) | Drafting written questions in respect of the first vulnerable witness or child witness | Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel | |||
(h) | Drafting written questions in respect of the second and each subsequent, vulnerable witness or child witness | Payable at half rate for a trial (paragraph 3 below) depending on category of case and status of counsel | |||
(i) | Opinion on sentence | £85.18 | |||
(j) | Opinion in an appeal by way of Bill of Suspension or Stated Case | £141.95 | |||
(k) | Opinion in any other case | £227.12–£397.46 | |||
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 either— . | |||
(i) | one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel, or | ||||
(ii) | in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice 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. | |||
Junior as leader | Junior alone | Junior with leader | |||
(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. | £431.52 | £374.75 | £255.51 | |
(c) | Adjourned diet under section 75A of the 1995 Act, or continued diet | £431.52 | £374.75 | £255.51 | |
(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. | £1,419.48 | £1,419.48 | £709.74 | ||
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, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), 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, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015. | £851.69 | £738.13 | £511.02 | |
(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, 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, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Offences under section 28 of the 2010 Act, Reckless and culpable conduct. | £701.24 | £607.55 | £425.85 | |
(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 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace, Stalking, Offences under the Psychoactive Substances Act 2016. | £562.12 | £488.31 | £346.36 | |
4. | Miscellaneous Hearings | ||||
(a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £408.81 | £357.72 | £255.51 | |
(aa) | judicial examination | £408.81 | £357.72 | £255.51 | |
(b) | preliminary diet | £408.81 | £357.72 | £255.51 | |
(c) | hearing under section 275 of the 1995 Act | £408.81 | £357.72 | £255.51 | |
(d) | hearing on specification of documents | £408.81 | £357.72 | £255.51 | |
(e) | hearing on a devolution or compatibility minute | £408.81 | £357.72 | £255.51 | |
(f) | hearing on an application by the Crown for an extension of time | £408.81 | £357.72 | £255.51 | |
(g) | hearing under section 72 of the 1995 Act | £204.41 | £178.87 | £127.77 | |
(h) | hearing on a motion to adjourn | £204.41 | £178.87 | £127.77 | |
(i) | hearing on an application for special measures | £204.41 | £178.87 | £127.77 | |
(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) | £851.69 | £738.13 | £511.02 | |
(ii) | paragraph 3(b) | £701.24 | £607.55 | £425.85 | |
(iii) | paragraph 3(c) | £562.12 | £488.31 | £346.36 | |
(k) | confiscation diet where no substantial evidence is led | £408.81 | £357.72 | £255.51 | |
(l) | deferred sentence where mitigation is led | £408.81 | £357.72 | £255.51 | |
(m) | deferred sentence where no mitigation is led | £204.41 | £178.87 | £127.77 | |
(n) | remit for sentence | £408.81 | £357.72 | £255.51 | |
(na) | drug treatment and testing order review | £204.41 | £178.87 | £127.77 | |
(nb) | drug treatment and testing order review where mitigation led and order revoked | £408.81 | £357.72 | £255.51 | |
(o) | adjourned trial diet | £204.41 | £178.87 | £127.77 | |
(p) | adjourned trial diet (trial having commenced) | £408.81 | £357.72 | £255.51 | |
(pa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £408.81 | £357.72 | £255.51 | |
(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. | |||
(u) | diet of debate | 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 or where counsel require to view joint investigative interviews | £238.48 | £208.95 | £153.32 | |
5A. | Fee for abortive consultation | £119.24 | £104.48 | £76.67 | |
6. | Fee for a necessary Note | £56.79 | £56.79 | £56.79 | |
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 | £113.56 | £113.56 | £113.56 | ||
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £227.12 | £227.12 | £227.12 | ||
8. | Accommodation and associated subsistence | ||||
Payment of necessary accommodation and associated subsistence per day | £113.56 | £113.56 | £113.56 |
[As amended by SSI 2023 No 178 in force 21 September 2023 until 15 November 2023]
SCHEDULE 2
FEES OF COUNSEL
Regulation 10
PART 1
FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY
CHAPTER 1
JUNIOR COUNSEL
1A. | Written Work | ||||
(a) | [revoked] | ||||
(b) | Drafting devolution or compatibility minute | £170.35 | |||
(c) | Drafting section 275 application under the 1995 Act | £170.35 | |||
(d) | Drafting specification of documents | £141.95 | |||
(e) | Drafting interrogatories | £141.95 | |||
(f) | Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act | £141.95 | |||
(g) | Drafting written questions in respect of the first vulnerable witness or child witness | Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel | |||
(h) | Drafting written questions in respect of the second and each subsequent, vulnerable witness or child witness | Payable at half rate for a trial (paragraph 3 below) depending on category of case and status of counsel | |||
(i) | Opinion on sentence | £85.18 | |||
(j) | Opinion in an appeal by way of Bill of Suspension or Stated Case | £141.95 | |||
(k) | Opinion in any other case | £227.12–£397.46 | |||
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 either— . | |||
(i) | one and a half times the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel, or | ||||
(ii) | in a case to which the Protocol set out in the schedule to Practice Note No.1 of 2018 applies, twice 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. | |||
Junior as leader | Junior alone | Junior with leader | |||
(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. | £431.52 | £374.75 | £255.51 | |
(c) | Adjourned diet under section 75A of the 1995 Act, or continued diet | £431.52 | £374.75 | £255.51 | |
(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. | £1,419.48 | £1,419.48 | £709.74 | ||
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, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), 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, Offences under the 2000 Act or the Terrorism Act 2006, section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015. | £851.69 | £738.13 | £511.02 | |
(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, 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, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees, Offences under section 28 of the 2010 Act, Reckless and culpable conduct. | £701.24 | £607.55 | £425.85 | |
(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 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace, Stalking, Offences under the Psychoactive Substances Act 2016. | £562.12 | £488.31 | £346.36 | |
4. | Miscellaneous Hearings | ||||
(a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £408.81 | £357.72 | £255.51 | |
(aa) | judicial examination | £408.81 | £357.72 | £255.51 | |
(b) | preliminary diet | £408.81 | £357.72 | £255.51 | |
(c) | hearing under section 275 of the 1995 Act | £408.81 | £357.72 | £255.51 | |
(d) | hearing on specification of documents | £408.81 | £357.72 | £255.51 | |
(e) | hearing on a devolution or compatibility minute | £408.81 | £357.72 | £255.51 | |
(f) | hearing on an application by the Crown for an extension of time | £408.81 | £357.72 | £255.51 | |
(g) | hearing under section 72 of the 1995 Act | £204.41 | £178.87 | £127.77 | |
(h) | hearing on a motion to adjourn | £204.41 | £178.87 | £127.77 | |
(i) | hearing on an application for special measures | £204.41 | £178.87 | £127.77 | |
(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) | £851.69 | £738.13 | £511.02 | |
(ii) | paragraph 3(b) | £701.24 | £607.55 | £425.85 | |
(iii) | paragraph 3(c) | £562.12 | £488.31 | £346.36 | |
(k) | confiscation diet where no substantial evidence is led | £408.81 | £357.72 | £255.51 | |
(l) | deferred sentence where mitigation is led | £408.81 | £357.72 | £255.51 | |
(m) | deferred sentence where no mitigation is led | £204.41 | £178.87 | £127.77 | |
(n) | remit for sentence | £408.81 | £357.72 | £255.51 | |
(na) | drug treatment and testing order review | £204.41 | £178.87 | £127.77 | |
(nb) | drug treatment and testing order review where mitigation led and order revoked | £408.81 | £357.72 | £255.51 | |
(o) | adjourned trial diet | £204.41 | £178.87 | £127.77 | |
(p) | adjourned trial diet (trial having commenced) | £408.81 | £357.72 | £255.51 | |
(pa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £408.81 | £357.72 | £255.51 | |
(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. | |||
(u) | diet of debate | 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 or where counsel require to view joint investigative interviews | £238.48 | £208.95 | £153.32 | |
5A. | Fee for abortive consultation | £119.24 | £104.48 | £76.67 | |
6. | Fee for a necessary Note | £56.79 | £56.79 | £56.79 | |
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 | £113.56 | £113.56 | £113.56 | ||
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £227.12 | £227.12 | £227.12 | ||
8. | Accommodation and associated subsistence | ||||
Payment of necessary accommodation and associated subsistence per day | £113.56 | £113.56 | £113.56 |
Notes on the operation of Schedule 2
[As amended by SSI 2022 No 30 in force 1 April 2022]
SCHEDULE 2
FEES OF COUNSEL
Regulation 10
PART 1
FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY
CHAPTER 1
JUNIOR COUNSEL
1A. | Written Work | ||||
(a) | Petition to Nobile Officium | £255.51 | |||
(b) | Drafting devolution or compatibility minute | £170.35 | |||
(c) | Drafting section 275 application under the 1995 Act | £170.35 | |||
(d) | Drafting specification of documents | £141.95 | |||
(e) | Drafting interrogatories | £141.95 | |||
(f) | Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act | £141.95 | |||
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 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. | £1,419.48 | £1,419.48 | £709.74 | ||
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, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), 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. | £851.69 | £738.13 | £511.02 | |
(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, 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, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees. | £701.24 | £607.55 | £425.85 | |
(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 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace. | £562.12 | £488.31 | £346.36 | |
4. | Miscellaneous Hearings | ||||
(a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £408.81 | £357.72 | £255.51 | |
(aa) | judicial examination | £408.81 | £357.72 | £255.51 | |
(b) | preliminary diet | £408.81 | £357.72 | £255.51 | |
(c) | hearing under section 275 of the 1995 Act | £408.81 | £357.72 | £255.51 | |
(d) | hearing on specification of documents | £408.81 | £357.72 | £255.51 | |
(e) | hearing on a devolution or compatibility minute | £408.81 | £357.72 | £255.51 | |
(f) | hearing on an application by the Crown for an extension of time | £408.81 | £357.72 | £255.51 | |
(g) | hearing under section 72 of the 1995 Act | £204.41 | £178.87 | £127.77 | |
(h) | hearing on a motion to adjourn | £204.41 | £178.87 | £127.77 | |
(i) | hearing on an application for special measures | £204.41 | £178.87 | £127.77 | |
(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) | £851.69 | £738.13 | £511.02 | |
(ii) | paragraph 3(b) | £701.24 | £607.55 | £425.85 | |
(iii) | paragraph 3(c) | £562.12 | £488.31 | £346.36 | |
(k) | confiscation diet where no substantial evidence is led | £408.81 | £357.72 | £255.51 | |
(l) | deferred sentence where mitigation is led | £408.81 | £357.72 | £255.51 | |
(m) | deferred sentence where no mitigation is led | £204.41 | £178.87 | £127.77 | |
(n) | remit for sentence | £408.81 | £357.72 | £255.51 | |
(na) | drug treatment and testing order review | £204.41 | £178.87 | £127.77 | |
(nb) | drug treatment and testing order review where mitigation led and order revoked | £408.81 | £357.72 | £255.51 | |
(o) | adjourned trial diet | £204.41 | £178.87 | £127.77 | |
(p) | adjourned trial diet (trial having commenced) | £408.81 | £357.72 | £255.51 | |
(pa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £408.81 | £357.72 | £255.51 | |
(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 | £238.48 | £208.95 | £153.32 | |
5A. | Fee for abortive consultation | £119.24 | £104.48 | £76.67 | |
6. | Fee for a necessary Note | £56.79 | £56.79 | £56.79 | |
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 | £113.56 | £113.56 | £113.56 | ||
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £227.12 | £227.12 | £227.12 | ||
8. | Accommodation and associated subsistence | ||||
Payment of necessary accommodation and associated subsistence per day | £113.56 | £113.56 | £113.56 |
Notes on the operation of Schedule 2
[As amended by SSI 2021 No 56 in force 22 March 2021]
SCHEDULE 2
FEES OF COUNSEL
Regulation 10
PART 1
FEES OF COUNSEL FOR PROCEEDINGS IN THE HIGH COURT OF JUSTICIARY
CHAPTER 1
JUNIOR COUNSEL
1A. | Written Work | ||||
(a) | Petition to Nobile Officium | £243.34 | |||
(b) | Drafting devolution or compatibility minute | £162.23 | |||
(c) | Drafting section 275 application under the 1995 Act | £162.23 | |||
(d) | Drafting specification of documents | £135.19 | |||
(e) | Drafting interrogatories | £135.19 | |||
(f) | Drafting defence statement under section 70A of the 1995 Act or section 125 of the 2010 Act | £135.19 | |||
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 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. | £1351.88 | £1351.88 | £675.94 | ||
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, Torture, War crimes, Offences under the Explosive Substances Act 1883, sections 327 to 333 and 339(1A) of the Proceeds of Crime Act 2002 (Money Laundering), 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. | £811.13 | £702.98 | £486.68 | |
(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, 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, Offences under section 52 or 52A of the Civic Government (Scotland) Act 1982, Offences under section 12(1) of the Children and Young Persons (Scotland) Act 1937, all offences under the 2009 Act not otherwise prescribed in this Table of Fees. | £667.84 | £578.61 | £405.57 | |
(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 1988 Act), Possession of offensive weapons, Violation of sepulchres, Robbery, Breach of the peace. | £535.35 | £465.05 | £329.86 | |
4. | Miscellaneous Hearings | ||||
(a) | fee for a day in court for miscellaneous hearings other than those for which a fee is prescribed | £389.34 | £340.68 | £243.34 | |
(aa) | judicial examination | £389.34 | £340.68 | £243.34 | |
(b) | preliminary diet | £389.34 | £340.68 | £243.34 | |
(c) | hearing under section 275 of the 1995 Act | £389.34 | £340.68 | £243.34 | |
(d) | hearing on specification of documents | £389.34 | £340.68 | £243.34 | |
(e) | hearing on a devolution or compatibility minute | £389.34 | £340.68 | £243.34 | |
(f) | hearing on an application by the Crown for an extension of time | £389.34 | £340.68 | £243.34 | |
(g) | hearing under section 72 of the 1995 Act | £194.67 | £170.35 | £121.68 | |
(h) | hearing on a motion to adjourn | £194.67 | £170.35 | £121.68 | |
(i) | hearing on an application for special measures | £194.67 | £170.35 | £121.68 | |
(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) | £811.13 | £702.98 | £486.68 | |
(ii) | paragraph 3(b) | £667.84 | £578.61 | £405.57 | |
(iii) | paragraph 3(c) | £535.35 | £465.05 | £329.86 | |
(k) | confiscation diet where no substantial evidence is led | £389.34 | £340.68 | £243.34 | |
(l) | deferred sentence where mitigation is led | £389.34 | £340.68 | £243.34 | |
(m) | deferred sentence where no mitigation is led | £194.67 | £170.35 | £121.68 | |
(n) | remit for sentence | £389.34 | £340.68 | £243.34 | |
(na) | drug treatment and testing order review | £194.67 | £170.35 | £121.68 | |
(nb) | drug treatment and testing order review where mitigation led and order revoked | £389.34 | £340.68 | £243.34 | |
(o) | adjourned trial diet | £194.67 | £170.35 | £121.68 | |
(p) | adjourned trial diet (trial having commenced) | £389.34 | £340.68 | £243.34 | |
(pa) | trial diet where there is more than one accused and counsel represents an accused who pled guilty at an earlier diet | £389.34 | £340.68 | £243.34 | |
(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 | £227.12 | £199.00 | £146.01 | |
5A. | Fee for abortive consultation | £113.56 | £99.50 | £73.01 | |
6. | Fee for a necessary Note | £54.08 | £54.08 | £54.08 | |
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 | £108.15 | £108.15 | £108.15 | ||
Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken furth of Scotland | £216.30 | £216.30 | £216.30 | ||
8. | Accommodation and associated subsistence | ||||
Payment of necessary accommodation and associated subsistence per day | £108.15 |