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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2014 No. 15 URL: http://www.bailii.org/scot/legis/num_reg/2014/ssi_201415_en_1.html |
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Scottish Statutory Instruments
Court Of Session
Made
20th January 2014
Laid before the Scottish Parliament
21st January 2014
Coming into force
1st March 2014
The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 5 of the Court of Session Act 1988(1) and of all other powers enabling them in that behalf, do hereby enact and declare:
1. (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2014.
(2) It comes into force on 1st March 2014.
(3) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
2. The Rules of the Court of Session 1994(2) are amended in accordance with paragraph 3.
3. (1) Subject to subparagraph (4), rule 42.16 (table of fees)(3) is amended in accordance with the following subparagraphs.
(2) After subparagraph (1) insert-
"(1A) In addition to the matters set out in the Table of Fees, travel time at a rate of £35 per quarter hour may be claimed on cause shown at the discretion of the Auditor.".
(3) The Table of Fees in rule 42.16(3) is amended as follows-
(a)for Chapter I (table of detailed charges) substitute the Chapter set out in Schedule 1;
(b)in Chapter III-
(i)for Part I (undefended causes) substitute the Part set out in Schedule 2;
(ii)for Part II (undefended consistorial actions) substitute the Part set out in Schedule 3;
(iii)in Part III (undefended consistorial actions (affidavit procedure)) for Tables A, B and C substitute the respective tables set out in Schedule 4;
(iv)for Part IV (Outer House petitions) substitute the Part set out in Schedule 5;
(v)for Part V (defended actions) substitute the Part set out in Schedule 6;
(vi)for Part VA (defended personal injuries actions etc.) substitute the Part set out in Schedule 7;
(vii)for Part VI (Inner House business) substitute the Part set out in Schedule 8.
4. Paragraph 3 does not affect fees chargeable for work done, or outlays incurred, before 1st March 2014.
BRIAN GILL
Lord President
I.P.D.
Edinburgh
20th January 2014
Paragraph 3(3)(a)
1. Framing documents | £ |
(a) Framing precognitions and other papers (but not including affidavits, witness summaries and witness statements), per sheet | 19.50 |
(b) Framing formal documents such as inventories and title pages, etc., per sheet | 9.75 |
(c) Framing affidavits and (where ordered by the court) witness summaries and witness statements, per sheet | 39.00 |
(d) Framing accounts of expenses, per sheet | 19.50 |
Note: | |
Where a skilled witness prepares his or her own precognition or report, the solicitor shall be allowed for perusing it (whether or not in the course of so doing he or she revises or adjusts it), half of the framing fee per sheet. | |
2. Copying | |
For the copying of papers by whatever means- | |
(a) where a copy is required to be lodged, or sent, in pursuance of any of rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and the Auditor may make different provision for different classes of case); and | |
(b) in any other case, if the Auditor determines (either or both) that- | |
(i) the copying had to be done in circumstances which were in some way exceptional; | |
(ii) the papers which required to be copied were unusually numerous having regard to the nature of the cause, | |
| |
Note: | |
1. Where a determination is required under subparagraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account. | |
2. Copying done other than in the place of business of the solicitor shall be shown as an outlay. | |
3. Revising | |
Papers drawn by counsel or other person having a right of audience, open and closed records, etc., for each five sheets or part of a sheet | 9.75 |
4. Citation of parties, witnesses, havers and instructions to messenger-at-arms | |
(a) Each party | 19.50 |
(b) Each witness or haver | 19.50 |
(c) Instructing messenger-at-arms including examining, execution and settling fee | 19.50 |
5. Time charge | |
(a) Preparation for proof, jury trial or any other hearing at court, per quarter hour (or such other sum as in the opinion of the Auditor is justified) | 39.00 |
(b) Attendance at meetings, proof, jury trial or any other hearing at court including waiting time, or consultation with counsel or other person having a right of audience, per quarter hour (or such other sum as in the opinion of the Auditor is justified) | 39.00 |
(c) Perusal of documents per quarter hour (or such other sum as in the opinion of the Auditor is justified) | 39.00 |
(d) Allowance for time of clerk, one-half of the above | |
(e) Attendance at Office of Court- | |
(i) for making up and lodging process | 19.50 |
(ii) for lodging all first steps of process | 19.50 |
(iii) for performance of formal work (other than work under head (ii)) | 9.75 |
Note: | |
In the event of a party in a proof or jury trial being represented by one counsel or other person having a right of audience only, allowance may be made to the solicitor should the case warrant it, for the attendance of a clerk at one-half the rate chargeable for the attendance of the solicitor. | |
6. Correspondence | |
(a) Letters including instruction to counsel or other person having a right of audience (whether sent by hand, post, telex or facsimile transmission), each page of 125 words | 19.50 |
(b) Formal letters | 4.88 |
(c) Telephone calls (except under subparagraph (d)) | 9.75 |
(d) Telephone calls (lengthy), to be charged at attendance rate | |
Note: | |
In relation to subparagraph (d), whether a telephone call is "lengthy" will be determined by the Auditor. |
Paragraph 3(3)(b)(i)
1. Inclusive fee | £ |
In all undefended causes where no proof is led, the pursuer's solicitor may at his or her option elect to charge an inclusive fee to cover all work from taking instructions up to and including obtaining extract decree. The option shall be exercised by the solicitor for the pursuer endorsing a minute of election to the above effect on the principal summons or petition before decree is taken. | |
(a) All work up to and obtaining extract decree | 351.00 |
(b) Outlays to an amount not exceeding £448.50 (exclusive of value added tax) shall also be allowed. |
Paragraph 3(3)(b)(ii)
1. Instruction | £ |
All work (apart from precognitions) up to and including the calling of the summons in court | 468.00 |
Note: | |
Precognitions to be charged as in paragraph 10 of Part V of this Chapter of this Table. | |
2. Incidental procedure | |
Fixing diet, enrolling action, preparing for proof, citing witnesses, etc. | 273.00 |
3. Amendment | |
(a) Where summons amended, re-service is not ordered and motion is not starred | 78.00 |
(b) Where summons amended, re-service is not ordered and motion is starred | 97.50 |
(c) Where summons amended and re-service is ordered | 117.00 |
4. Commission to take evidence on interrogatories | |
(a) All work up to and including lodging of completed interrogatories, but excluding attendance at execution of commission | 117.00 |
(b) Attendance at execution of commission (if required), per quarter hour | 39.00 |
(c) In addition a fee per sheet for completed interrogatories (including all copies) | 19.50 |
5. Commission to take evidence on open commission | |
(a) All work up to and including lodging of report of commission, but excluding attendance at execution of commission | 117.00 |
(b) Attendance at execution of commission, per quarter hour | 39.00 |
6. Other matters | |
Where applicable, charges under paragraphs 11, 12, 15, 20 and 22 of Part V of this Chapter of this Table. | |
7. Proof and completion fee | |
All work to and including sending extract decree, but excluding account of expenses | 351.00 |
8. Accounts | |
Framing and lodging account and attending taxation | 117.00 |
Paragraph 3(3)(b)(iii)
| Table A | ||
| Column 1 | Column 2 | Column 3 |
| Work Done | Inclusive fee | Discretionary inclusive fee Edinburgh solicitor and solicitor outside Edinburgh |
| £ | £ | |
1. All work to and including calling of the summons | 780.00 | 897.00 |
2. All work from calling to and including swearing affidavits | 546.00 | 663.00 |
3. All work from swearing affidavits to and including sending extract decree | 156.00 | 273.00 |
4. All work to and including sending extract decree | 1,482.00 | 1,833.00 |
| Table B | ||
| Column 1 | Column 2 | Column 3 |
| Work Done | Inclusive fee | Discretionary inclusive fee Edinburgh solicitor and solicitor outside Edinburgh |
| £ | £ | |
1. All work to and including calling of the summons | 624.00 | 741.00 |
2. All work from calling to and including swearing affidavits | 312.00 | 429.00 |
3. All work from swearing affidavits to and including sending extract decree | 156.00 | 273.00 |
4. All work to and including sending extract decree | 1,092.00 | 1,443.00 |
| Table C | |
| Column 1 | Column 2 |
| Work done | Discretionary inclusive fee Edinburgh solicitor and solicitor outside Edinburgh |
| £ | |
1. All work to and including calling of the summons | 156.00 |
2. All work from calling to and including swearing affidavits | 156.00 |
3. All work under items 1 and 2 | 312.00 |
Paragraph 3(3)(b)(iv)
1. Unopposed petition | £ |
(a) All work including precognitions and all copyings, up to and obtaining extract decree | 702.00 |
(b) Where the party has been represented by an Edinburgh solicitor and a solicitor outside Edinburgh, the Auditor may, if satisfied that it was appropriate for the party to be so represented, allow a fee of | 936.00 |
(c) Outlays including duplicating charges to be allowed in addition. | |
2. Opposed petition | |
(a) All work (other than precognitions) up to and including lodging petition, obtaining and executing warrant for service | 546.00 |
(b) Outlays including duplicating charges to be allowed in addition | |
(c) Where applicable, charges under paragraphs 2, 3, 4, 6(a) to (c), 7 and 10 to 26 of Part V of this Chapter. | |
3. Reports in opposed petitions | |
(a) For each report by the Accountant of Court | 78.00 |
(b) For any other report, as under paragraph 11 of Part V of this Chapter. | |
4. Obtaining a bond of caution | 78.00 |
Paragraph 3(3)(b)(v)
1. Instruction | £ |
(a) All work (apart from precognitions) from commencement until lodgement of open record | 702.00 |
(b) Instructing re-service where necessary | 78.00 |
(c) If counterclaim lodged, additional fee for each party | 156.00 |
2. Work before action commences | |
All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings (or such other sum as in the opinion of the Auditor is justified) | 702.00 |
3. Lodging productions | |
(a) For lodging productions – each inventory | 78.00 |
(b) For considering opponent's productions – each inventory | 39.00 |
4. Record | |
(a) All work in connection with adjustment and closing of record (including subsequent work in connection with By Order (Adjustment) Roll, except in actions proceeding under Chapter 42A) | 780.00 |
(b) All work as above, so far as applicable, where cause settled or disposed of before record closed | 468.00 |
(c) If consultation held before record closed, additional fees may be allowed as follows- | |
(i) arranging consultation | 78.00 |
(ii) attendance at consultation, per quarter hour | 39.00 |
(d) Additional fee to subparagraph (a) or (b) (to include necessary amendments) to be allowed to every existing party for each pursuer, defender or third party brought in before the record is closed | 234.00 |
(e) Additional fee to every existing party if an additional pursuer, defender or third party is brought in after the record is closed | 351.00 |
(f) Fee allowable to a new pursuer who requires to be brought in as a result of the death of an existing pursuer | 234.00 |
5. By Order (Adjustment) Roll in actions proceeding under Chapter 42A | |
(a) Fee to cover preparing and instruction of counsel or other person having a right of audience to include attendance not exceeding half an hour | 117.00 |
(b) Thereafter attendance fee, per quarter hour | 39.00 |
6. Notes of Argument, Statements of Facts or Issues and Notes of Proposals for Further Procedure | |
(a) Instructing, perusing and lodging first Note of Arguments (either party) | 156.00 |
(b) Perusing opponent's Note of Arguments | 78.00 |
(c) Instructing, perusing and lodging any further Note of Arguments (either party) | 78.00 |
(d) Instructing, perusing and lodging (each) Statement of Facts or Issues | 117.00 |
(e) Perusing opponent's Statement of Facts or Issues (each) | 78.00 |
(f) Instructing, revising and lodging (each) Note of Proposals for Further Procedure | 117.00 |
(g) Perusing opponent's Note of Proposals for Further Procedure (each) | 78.00 |
7. Procedure Roll, preliminary, procedural or other hearing | |
(a) Preparing for hearing including all work, incidental work and instruction of counsel or other person having a right of audience | 156.00 |
(b) Attendance fee, per quarter hour | 39.00 |
(c) Advising and work incidental to it | 117.00 |
8. Valuation of claim in actions proceeding under Chapter 42A | |
(a) Fee to cover note on quantum/valuation of claim | 468.00 |
(b) Opponent's fee for inspection of valuation of claim | 234.00 |
(c) Inspection of documents, per quarter hour | 39.00 |
9. Adjustment of issues and counter issues | |
(a) All work in connection with and incidental to the lodging of an issue and adjustment and approval of it | 156.00 |
(b) If one counter-issue, additional fee to pursuer | 39.00 |
(c) Where more than one counter-issue, an additional fee to pursuer for each additional counter-issue | 19.50 |
(d) All work in connection with and incidental to the lodging of a counter-issue and adjustment and approval of it | 156.00 |
(e) Fee to defender or third party for considering issue where no counter-issue lodged | 39.00 |
(f) Fee to defender or third party for considering each additional counter-issue | 19.50 |
10. Precognitions, affidavits and (where ordered by the court) witness summaries and witness statements | |
(a) Taking and drawing precognitions, per sheet | 78.00 |
(b) All work in connection with preparation and lodging of affidavits and (where ordered by the court) witness summaries and witness statements, per sheet | 78.00 |
(c) Perusing opponent's witness summaries, witness statements and affidavits, per sheet | 39.00 |
Note: | |
Where a skilled person prepares his or her own precognition or report, the solicitor shall be allowed, for perusing it (whether or not in the course of doing so he or she revises or adjusts it), half of the taking and drawing fee per sheet. | |
11. Reports obtained under order of court excluding Auditor's report | |
(a) All work incidental to it | 156.00 |
(b) Additional, fee for perusal of report, per quarter hour (or such other sum as in the opinion of the Auditor is justified) | 35.00 |
12. Specification of documents | |
(a) Instructing counsel or other person having a right of audience, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor | 156.00 |
(b) Fee to opponent | 78.00 |
(c) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission | 156.00 |
(d) Fee to opponent | 78.00 |
(e) Attendance at execution of commission, per quarter hour | 39.00 |
(f) If alternative procedure adopted, a fee per person on whom order served | 58.50 |
(g) Fee for perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour | 39.00 |
13. Commission to take evidence on interrogatories | |
(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories | 312.00 |
(b) Fee to opponent if cross-interrogatories lodged | 234.00 |
(c) Fee to opponent if no cross-interrogatories lodged | 97.50 |
(d) In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies | 19.50 |
14. Commission to take evidence on open commissions | |
(a) Applying for commission up to and including lodging report of commission, but excluding subparagraph (c) | 351.00 |
(b) Fee to opponent | 156.00 |
(c) Fee for attendance at execution of commission, per quarter hour | 39.00 |
15. Miscellaneous motions and minutes where not otherwise covered by this Part | |
(a) Where attendance of counsel or other person having a right of audience and/or solicitor not required | 39.00 |
(b) Where attendance of counsel or other person having a right of audience and/or solicitor required, inclusive of instruction of counsel or other person having a right of audience, not exceeding half an hour | 117.00 |
(c) Thereafter attendance fee, per additional quarter hour | 39.00 |
(d) Instructing counsel or other person having a right of audience for a minute (other than a minute ordered by the court), revising and lodging as a separate step in process including any necessary action | 117.00 |
(e) Perusing a minute of admission or abandonment | 39.00 |
16. Incidental Procedure (not chargeable prior to the approval of issue of allowance of proof) | |
Fixing diet, obtaining note on the line of evidence etc., borrowing and returning process and all other work prior to the consultation on the sufficiency of evidence | 351.00 |
17. Amendment of record | |
(a) Amendment of conclusions only, fee to proposer | 117.00 |
(b) Amendment of conclusions only, fee to opponent | 39.00 |
(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer | 156.00 |
(d) In same circumstances, fee to opponent | 78.00 |
(e) Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers | 390.00 |
(f) Additional fee for adjustment of minute and answers, where applicable, to be allowed to each party | 234.00 |
18. Preparation for proof or jury trial | |
To include fixing consultation on the sufficiency of evidence, fee-funding precept, citing witnesses, all work checking and writing up process and preparing for proof or jury trial- | |
(a) if action settled before proof or jury trial, or lasts only one day, to include, where applicable, instruction of counsel or other person having a right of audience | 1,014.00 |
(b) for each day or part of day after the first, including instruction of counsel or other person having a right of audience | 97.50 |
(c) preparing for adjourned diets and all work incidental to it as in subparagraph (a), if adjourned for more than five days | 234.00 |
(d) if consultation held before proof or jury trial, attendance at it, per quarter hour | 39.00 |
(e) all work in connection with making up and pagination of joint bundle of medical records in actions proceeding under Chapter 42A | 156.00 |
19. Pre-trial meeting | |
(a) Fee arranging pre-trial meeting (each occasion) | 78.00 |
(b) Fee preparing for pre-trial meeting | 429.00 |
(c) Fee for preparing for continued pre-trial meeting (each occasion) | 156.00 |
(d) Fee attending pre-trial meeting, per quarter hour | 39.00 |
(e) Joint minute of pre-trial meeting | 39.00 |
20. Copying | |
For the copying of papers by whatever means- | |
(a) where a copy is required to be lodged, or sent, in pursuance of any of rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and the Auditor may make different provision for different classes of case); and | |
(b) in any other case, if the Auditor determines (either or both) that - | |
(i) the copying had to be done in circumstances which were in some way exceptional; | |
(ii) the papers which required to be copied were unusually numerous having regard to the nature of the cause, | |
|
Notes: | |
1. Where a determination is required under subparagraph (b), the purpose of copying, the number of copies and the charge claimed shall be shown in the account. | |
2. Copying done other than in the place of business of the solicitor shall be shown as an outlay. | |
21. Settlement | |
(a) Judicial tender- | |
(i) lodging or considering first tender | 234.00 |
(ii) lodging or considering each further tender | 156.00 |
(iii) if tender accepted, an additional fee to each accepting party | 156.00 |
(b) Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender) to include preparation and lodging of joint minute | 390.00 |
(c) The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement | 624.00 |
(d) If consultation held to consider tender, extrajudicial settlement (not based on judicial tender) or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour | 39.00 |
22. Hearing limitation fee | |
To include all work undertaken with a view to limiting the matters in dispute or limiting the scope of any hearing, and including exchanging documents, precognitions and expert reports, agreeing any fact, statement or document, and preparing and lodging any joint minute | 780.00 |
23. Proof or jury trial | |
Attendance fee, per quarter hour | 39.00 |
24. Accounts | |
(a) To include framing, adjusting and lodging account | 234.00 |
(b) To include considering Notes of Objections, and generally preparing for taxation | 234.00 |
(c) Attendance at taxation, per quarter hour | 39.00 |
25. Ordering and obtaining extract | 58.50 |
26. Final procedure | |
(a) If case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial, to include all work to close of cause so far as not otherwise provided for | 312.00 |
(b) In any other case | 97.50 |
Paragraph 3(3)(b)(vi)
1. Precognitions/Expert Reports/Factual Reports | £ |
Taking and drawing precognitions, per sheet | 78.00 |
Note: | |
Where a skilled person prepares his or her own precognition or report, the solicitor shall be allowed, for perusing it (whether or not in the course of doing so he or she revises or adjusts it), half of the taking and drawing fee per sheet. | |
2. Pre-litigation fee | |
All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings particularly to include communications between parties in relation to areas of medical/quantum/discussion re settlement (or such other sum as in the opinion of the Auditor is justified) | 702.00 |
3. Lodging productions | |
(a) For lodging productions, each inventory | 78.00 |
(b) For considering opponent's productions, each inventory | 39.00 |
4. Instruction | |
(a) To cover all work (except as otherwise specially provided for in this Part) from commencement to lodging of defences | 702.00 |
(b) Specification of documents per Form 43.2-B | 117.00 |
(c) Fee to opponent for considering specification of documents | 78.00 |
(d) In the event of the summons being drafted without the assistance of counsel or other person having a right of audience such further fee will be allowed as the Auditor considers appropriate, up to | 234.00 |
(e) Instructing re-service where necessary | 78.00 |
(f) If counterclaim lodged, additional fee for each party to include Answers | 234.00 |
(g) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission | 156.00 |
(h) Fee to opponent where commission arranged | 78.00 |
(i) Attendance at execution of commission, per quarter hour | 39.00 |
(j) If alternative procedure adopted, a fee per person on whom order served | 58.50 |
(k) Fee for perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour | 39.00 |
5. Record | |
(a) All work in connection with adjustment and closing of record | 780.00 |
(b) All work as above, so far as applicable, where cause settled or disposed of before record closed | 468.00 |
(c) If consultation held before record closed, additional fees may be allowed as follows- | |
(i) arranging consultation | 78.00 |
(ii) attendance at consultation, per quarter hour | 39.00 |
(d) Additional fee to subparagraph (a) or (b), to include necessary amendments, to be allowed to every existing party for each pursuer, defender or third party brought in before the record is closed | 234.00 |
(e) Additional fee to every existing party if an additional pursuer, defender or third party is brought in after the record is closed | 351.00 |
(f) Fee allowable to a new pursuer who requires to be brought in as a result of the death of an existing pursuer | 234.00 |
6. Notes of arguments | |
(a) Instructing, perusing and lodging first Note of Arguments, where ordained by the Court (either party) | 156.00 |
(b) Perusing opponent's Note of Arguments | 78.00 |
(c) Instructing, perusing and lodging any further Note of Arguments, where ordained by the Court (either party) | 78.00 |
7. Valuation of claim | |
(a) Fee to cover note on quantum/valuation of claim | 468.00 |
(b) Opponent's fee for inspection of valuation of claim | 234.00 |
(c) Inspection of documents, per quarter hour | 39.00 |
8. Adjustment of issues and counter-issues | |
(a) All work in connection with and incidental to the lodging of an issue, and adjustment and approval of it | 156.00 |
(b) If one counter-issue, additional fee to pursuer | 39.00 |
9. By Order Roll/variation of timetable order/adjustment on final decree/interim payment of damages | |
(a) Fee to cover preparing and instruction of counsel or other person having a right of audience to include attendance not exceeding half an hour | 117.00 |
(b) Thereafter attendance fee, per additional quarter hour | 39.00 |
(c) In the event of a separate Advising/Opinion and all work incidental thereto | 117.00 |
10. Reports obtained under order of court excluding Auditor's Report | |
(a) All work incidental to it | 156.00 |
(b) Additional fee for perusal of report, per quarter hour (or such other sum as in the opinion of the Auditor is justified) | 35.00 |
11. Incidental procedure (not chargeable prior to the approval of issue or allowance of proof) | |
Fixing diet, obtaining note on the line of evidence etc., borrowing and returning process, and all other work prior to the consultation on the sufficiency of evidence | 351.00 |
12. Specification of documents (if further specification considered necessary) | |
(a) Instructing counsel or other person having a right of audience, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor | 156.00 |
(b) Fee to opponent | 78.00 |
(c) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission | 156.00 |
(d) Fee to opponent | 78.00 |
(e) Attendance at execution of commission, per quarter hour | 39.00 |
(f) If alternative procedure adopted, a fee per person on whom order served | 58.50 |
(g) Fee for perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour | 39.00 |
13. Commission to take evidence on interrogatories | |
(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories | 312.00 |
(b) Fee to opponent if cross-interrogatories lodged | 234.00 |
(c) Fee to opponent if no cross-interrogatories lodged | 97.50 |
(d) In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies | 19.50 |
14. Commission to take evidence on open commission | |
(a) Applying for commission up to and including lodging report of commission, but excluding subparagraph (c) | 351.00 |
(b) Fee to opponent | 156.00 |
(c) Fee for attendance at execution of commission, per quarter hour | 39.00 |
15. Miscellaneous motions and minutes where not otherwise covered by this Part | |
(a) Where attendance of counsel or other person having a right of audience and/or solicitor not required | 39.00 |
(b) Where attendance of counsel or other person having a right of audience and/or solicitor required inclusive of instruction of counsel or other person having a right of audience, not exceeding half an hour | 117.00 |
(c) Thereafter attendance fee, per quarter hour | 39.00 |
(d) Instructing counsel or other person having a right of audience for a minute/note on further procedure (if applicable), revising and lodging as a separate step in process including any necessary action | 117.00 |
(e) Perusing a minute of admission or abandonment, a note ordered by the court, or a notice of grounds | 39.00 |
16. Amendment of record | |
(a) Amendment of conclusions only, fee to proposer | 117.00 |
(b) Amendment of conclusions only, fee to opponent | 39.00 |
(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer | 156.00 |
(d) In same circumstances, fee to opponent | 78.00 |
(e) Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers | 390.00 |
(f) Additional fee for adjustment of minute and answers, where applicable, to be allowed to each party | 234.00 |
17. Copying | |
(a) Where a copy is required to be lodged, or sent, in pursuance of rules 4.7 or 43.6(4), such charge as the Auditor may from time to time determine (and the Auditor may make different provision for different classes of case); and | |
(b) In any other case, if the Auditor determines (either or both) that- | |
(i) the copying had to be done in circumstances which were in some way exceptional; | |
(ii) the papers which required to be copied were unusually numerous having regard to the nature of the cause, | |
| |
Notes: | |
1. Where a determination is required under subparagraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account. | |
2. Copying done other than in the place of business of the solicitor shall be shown as an outlay. | |
18. Preparation for proof or jury trial | |
To include fixing consultation on the sufficiency of evidence, fee-funding precept, citing witnesses, all work checking and writing up process and preparing for proof or jury trial- | |
(a) if action settled before proof or jury trial, or lasts only one day, to include where applicable, instruction of counsel or other person having a right of audience | 1,014.00 |
(b) for each day or part of day after the first, including instruction of counsel or other person having a right of audience | 97.50 |
(c) preparing for adjourned diets and all work incidental to it as in subparagraph (a), if adjourned for more than five days | 234.00 |
(d) if consultation held before proof or jury trial, attendance at it, per quarter hour | 39.00 |
19. Pre-trial meeting | |
(a) Fee arranging pre-trial meeting (each occasion) | 78.00 |
(b) Fee preparing for pre-trial meeting | 429.00 |
(c) Fee for preparing for continued pre-trial meeting (each occasion) | 156.00 |
(d) Fee attending pre-trial meeting, per quarter hour | 39.00 |
(e) Joint Minute of pre-trial meeting | 39.00 |
20. Hearing limitation fee | |
For any work undertaken to limit matters in dispute not otherwise provided for - subject to details being provided | 312.00 |
21. Settlement | |
(a) Judicial tender- | |
(i) lodging or considering first tender | 234.00 |
(ii) lodging or considering each further tender | 156.00 |
(iii) if tender accepted, an additional fee to each accepting party | 156.00 |
(b) Extrajudicial settlement - advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender) to include preparation and lodging of joint minute | 390.00 |
(c) The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement | 624.00 |
(d) If consultation held to consider tender, extrajudicial settlement (not based on judicial tender) or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour | 39.00 |
22. Proof or jury trial | |
Attendance fee, per quarter hour | 39.00 |
23. Accounts | |
(a) Preparation of judicial account, to include production of vouchers and adjustment of expenses | 312.00 |
(b) Perusal of points of objections, per quarter hour | 39.00 |
(c) Attendance at taxation, per quarter hour | 39.00 |
24. Ordering and obtaining extract | 58.50 |
25. Final procedure | |
(a) If case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial, to include all work to close of cause so far as not otherwise provided for | 312.00 |
(b) In any other case | 97.50 |
Paragraph 3(3)(b)(vii)
1. Reclaiming motions | £ |
(a) Fee for reclaimer for all work (except as otherwise provided for in this Part) up to interlocutor sending cause to roll | 234.00 |
(b) Fee for respondent | 117.00 |
(c) Additional fee for each party for preparing or revising every 50 pages of Appendix | 97.50 |
2. Appeals from inferior courts | |
(a) Fee for appellant | 273.00 |
(b) Fee for respondent | 136.50 |
(c) Additional fee for each party for preparing or revising every 50 pages of Appendix | 97.50 |
3. Special cases, Inner House petitions and appeals other than under paragraph 2 of this Part | |
According to circumstances of the case. | |
4. Note of objection | |
(a) Instructing, perusing and lodging note of objection | 156.00 |
(b) Perusing opponent's note of objection | 78.00 |
(c) Where attendance of counsel or other person having a right of audience and/or solicitor required inclusive of instruction of counsel or other person having a right of audience, not exceeding half an hour | 117.00 |
(d) Thereafter attendance fee, per additional quarter hour | 39.00 |
5. Grounds of appeal or cross appeal | |
(a) Instructing, perusing and lodging grounds of appeal or cross appeal | 156.00 |
(b) Perusing opponent's note of appeal or cross appeal | 78.00 |
6. Incidental procedure | |
All work in connection with noting remittance of cause to Summar Roll and fixing of Summar Roll hearing | 156.00 |
7. Summar Roll | |
(a) Preparing for hearing and instructing counsel or other person having a right of audience including instructing and lodging lists of authorities and notes of arguments | 234.00 |
(b) Attendance fee, per quarter hour | 39.00 |
8. Obtaining a bond of caution | 97.50 |
9. Other matters | |
Where applicable, charges under Part V of this Chapter of this Table |
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends Chapter 42 (taxation of accounts and fees of solicitors) of the Rules of the Court of Session 1994 (S.I. 1994/1443).
The Table of Fees has been amended to provide that all monetary values are expressed as a multiple or fraction of the new rate of £156 per hour. The previous rate was £142 per hour, which has not been increased since 2009 and certain values were previously not expressed as a multiple or fraction of that rate. They have now been standardised to the nearest appropriate multiple or fraction of £156 per hour.
The Table of Fees was last amended by the Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Fees of Shorthand Writers) 2013 (S.S.I. 2013/111).
The Act of Sederunt does not apply as respects fees chargeable for work done, or outlays incurred, before it comes into force.
1988 c.36. Section 5 was amended by the Civil Evidence (Scotland) Act 1988 (c.32), section 2(3); the Children (Scotland) Act 1995 (c.36), Schedule 4 paragraph 45; the Vulnerable Witnesses (Scotland) Act 2004 (asp 3), section 14(1); the Judiciary and Courts (Scotland) Act 2008 (asp 6), section 46(3); and the Legal Services (Scotland) Act 2010 (asp 16), section 126(a).
S.I. 1994/1443, last amended by S.S.I. 2013/317.
Rule 42.16 was last amended by S.S.I. 2013/111.
