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Scottish Statutory Instruments
COURT OF SESSION
Made
14th March 2003
Coming into force
1st April 2003
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) 2003 and shall come into force on 1st April 2003.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
2.—(1) The Table of Fees in rule 42.16 of the Rules of the Court of Session(2) shall be amended in accordance with the following sub-paragraphs.
(2) In the provisions mentioned in column 1 of Schedule 1 to this Act of Sederunt, for the amounts specified in column 2 of that Schedule, there shall be substituted the amounts specified in column 3.
(3) In Chapter III–
(a)in Part III, in Tables A and B the words “Add session fee” in column 1, “of 7½ %” in column 2, and “of 10½ % in column 3 shall be omitted;
(b)in Part IV, paragraph 2(c) shall be omitted;
(c)in Part V, paragraph 21 shall be omitted; and
(d)after Part V, there shall be inserted Part VA (defended personal injuries actions commenced on or after 1st April 2003) set out in Schedule 2 to this Act of Sederunt.
3. Paragraph 2 shall not affect fees chargeable for work done, or outlays incurred before 1st April 2003.
W Douglas Cullen
Lord President, I.P.D.
Edinburgh
14th March 2003
(1) | (2) | (3) |
---|---|---|
(provision) | (old fee) £ | (new fee) £ |
Chapter I: | ||
1(a) | 12.30 | 13.80 |
(b) | 5.10 | 5.70 |
(c) | 18.10 | 20.30 |
3 | 5.10 | 5.70 |
4(a) | 12.30 | 13.80 |
(b) | 12.30 | 13.80 |
(c) | 12.30 | 13.80 |
5(a) | 24.50 | 27.50 |
(b) | 24.50 | 27.50 |
(c) | 24.50 | 27.50 |
(e)(i) | 12.30 | 13.80 |
(ii) | 12.30 | 13.80 |
(iii) | 5.10 | 5.70 |
6(a) | 12.30 | 13.80 |
(b) | 2.50 | 2.80 |
(c) | 5.10 | 5.70 |
Chapter III Part I: | ||
1(a) | 220.40 | 247.40 |
Chapter III Part II: | ||
1 | 309.50 | 347.40 |
2 | 177.00 | 198.70 |
3(a) | 45.40 | 51.00 |
(b) | 65.60 | 73.60 |
(c) | 81.50 | 91.50 |
4(a) | 79.60 | 89.40 |
(b) | 24.50 | 27.50 |
(c) | 13.60 | 15.30 |
5(a) | 73.60 | 82.60 |
(b) | 24.50 | 27.50 |
7 | 220.40 | 247.40 |
8 | 67.90 | 76.20 |
Chapter III Part III: | ||
Table A: | ||
1 (column 2) | 447.20 | 545.90 |
(column 3) | 510.70 | 623.40 |
2 (column 2) | 317.90 | 388.10 |
(column 3) | 386.00 | 471.20 |
3 (column 2) | 97.60 | 119.10 |
(column 3) | 143.30 | 174.90 |
4 (column 2) | 862.70 | 1053.10 |
(column 3) | 1,039.90 | 1269.40 |
Table B: | ||
1 (column 2) | 367.90 | 449.10 |
(column 3) | 431.40 | 526.60 |
2 (column 2) | 177.00 | 216.10 |
(column 3) | 224.80 | 274.40 |
3 (column 2) | 97.60 | 119.10 |
(column 3) | 143.30 | 174.90 |
4 (column 2) | 642.40 | 784.20 |
(column 3) | 799.30 | 975.70 |
Table C: | ||
1 | 90.80 | 101.90 |
2 | 101.90 | 114.40 |
3 | 192.60 | 216.20 |
Chapter III Part IV: | ||
1(a) | 458.70 | 514.90 |
(b) | 635.50 | 713.30 |
2(a) | 310.90 | 379.50 |
3(a) | 55.60 | 62.40 |
4 | 52.50 | 58.90 |
Chapter III Part V: | ||
1(a) | 431.40 | 526.60 |
(b) | 46.50 | 56.80 |
(c) | 90.80 | 110.80 |
1A | 276.40 | 337.40 |
2(a) | 458.70 | 559.90 |
(b) | 283.70 | 346.30 |
(c)(i) | 46.50 | 56.80 |
(ii) | 24.50 | 29.90 |
(d) | 136.10 | 166.10 |
(e) | 202.00 | 246.60 |
3(a) | 90.80 | 110.80 |
(b) | 24.50 | 29.90 |
(c) | 67.90 | 82.90 |
4(a) | 86.30 | 105.30 |
(b) | 24.50 | 29.90 |
(c) | 12.30 | 15.00 |
(d) | 86.30 | 105.30 |
(e) | 24.50 | 29.90 |
(f) | 12.30 | 15.00 |
5 | 45.60 | 55.70 |
6(a) | 97.70 | 119.30 |
(b) | 13.60 | 16.60 |
7(a) | 90.80 | 110.80 |
(b) | 44.10 | 53.80 |
(ba) | 82.10 | 104.60 |
(c) | 24.50 | 29.90 |
(d) | 136.30 | 44.30 |
(e) | 23.50 | 29.90 |
8(a) | 83.90 | 102.40 |
(b) | 147.60 | 180.20 |
(c) | 54.50 | 66.50 |
(d) | 13.60 | 16.60 |
9(a) | 202.00 | 246.60 |
(b) | 90.80 | 110.80 |
(c) | 24.50 | 29.90 |
10(a) | 24.50 | 29.90 |
(b) | 67.90 | 82.90 |
(c) | 24.50 | 29.90 |
(d) | 67.90 | 82.90 |
(e) | 24.50 | 29.90 |
11 | 256.70 | 313.30 |
12(a) | 67.90 | 82.90 |
(b) | 24.50 | 29.90 |
(c) | 99.80 | 121.80 |
(d) | 45.90 | 56.00 |
(e) | 232.40 | 283.70 |
(f) | 129.30 | 157.80 |
13(a) | 624.20 | 761.90 |
(b) | 55.60 | 67.90 |
(c) | 113.70 | 138.80 |
(d) | 24.50 | 29.90 |
15(a)(i) | 136.10 | 166.10 |
(ii) | 90.80 | 110.80 |
(iii) | 90.80 | 110.80 |
(b) | 227.00 | 277.10 |
(c) | 385.90 | 471.10 |
(d) | 23.50 | 29.90 |
16 | 482.50 | 589.00 |
17 | 24.50 | 29.90 |
18 | 164.50 | 200.80 |
19 | 36.30 | 44.30 |
20(a) | 183.90 | 224.50 |
(b) | 55.60 | 67.90 |
Chapter III Part VI: | ||
1(a) | 136.10 | 166.10 |
(b) | 67.90 | 82.90 |
(c) | 56.90 | 69.50 |
2(a) | 164.50 | 200.80 |
(b) | 81.50 | 99.50 |
(c) | 55.60 | 67.90 |
3(a) | 136.10 | 166.10 |
(b) | 24.50 | 29.90 |
6 | 55.60 | 67.90 |
Fee | |
---|---|
£ | |
Precognitions / Expert Reports / Factual Reports | |
(a)Taking and drawing precognitions, per sheet | 55.60 |
(b)Perusal fee for consideration of Reports (whether or not in the course of doing so he revises or adjusts it), half thereof, per sheet | 27.80 |
Pre-Litigation Fee2. 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 | 336.70 |
Instruction | |
(a)To cover all work (except as otherwise specially provided for in this Chapter) from commencement to the lodging of Defences | 525.50 |
(b)Specification of Documents per Form 43.2-B | 73.80 |
(c)In the event of the Summons being drafted without the assistance of Counsel or a Solicitor-Advocate such further fee will be allowed as the Auditor considers appropriate | 179.10 |
(d)Instructing re-service where necessary | 56.70 |
(e)If counterclaim lodged, additional fee for each party to include Answers | 179.10 |
(f)Arranging commission to recover documents, citing havers, instructing Commission and shorthand writer and preparation for commission | 100.00 |
(g)Attendance at execution of commission, to include travelling, per quarter hour of | 29.90 |
(g)If alternative procedure adopted, a fee per person on whom order served of | 44.20 |
(h)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 | 29.90 |
Record | |
(a)All work in connection with adjustment and closing of record | 558.70 |
(b)All work as above, so far as applicable, where cause settled or disposed of before record closed | 345.60 |
(c)If consultation held before record closed, additional fees may be allowed as follows– | |
(i)arranging consultation | 56.70 |
(ii)attendance at consultation, to include travelling, per quarter hour | 29.90 |
(d)Additional fee to sub-paragraph (a) or (b), (to include necessary Amendments) to the pursuer and existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of | 165.80 |
(e)If an additional pursuer, defender or third party is brought in after the record is closed, an additional fee shall be allowed to the existing pursuer and the existing defender or defenders, each of | 246.10 |
Valuation of claim | |
(a)Fee to cover Note on Quantum/Valuation of Claim | 358.20 |
(b)Opponent’s fee for inspection of Valuation of Claim | 179.10 |
(c)Inspection of documents, per quarter hour | 29.90 |
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 | 105.10 |
(b)If one counter-issue, additional fee to pursuer of | 29.90 |
By Order Roll/Variation of timetable order/Adjustment on Final Decree/Interim Payment of Damages | |
(a)Fee to cover preparing and instruction of Counsel, to include attendance not exceeding half an hour | 82.70 |
(b)Thereafter attendance fee, per additional quarter hour | 29.90 |
(c)In the event of a separate Advising/Opinion and all work incidental thereto | 82.70 |
Reports obtained under order of court excluding Auditor’s Report | |
(a)All work incidental to it | 119.00 |
(b)Additional fee for perusal of report, per quarter hour or such other sum as in the opinion of the Auditor is justified | 16.60 |
Incidental Procedure9. (not chargeable prior to approval of issue or allowance of proof) Noting diet, obtaining note on the line of evidence, etc, borrowing and returning process, consultation on the sufficiency of evidence | 312.70 |
Specification of documents (if further Specification considered necessary) | |
(a)Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor | 110.60 |
(b)Fee to opponent | 53.70 |
(c)Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission | 100.00 |
(d)Attendance at execution of commission, per quarter hour, of | 29.90 |
(e)If alternative procedure adopted, a fee per person on whom order served, of | 44.20 |
(f)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 | 29.90 |
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 | 224.00 |
(b)Fee to opponent if cross-interrogatories lodged | 179.80 |
(c)Fee to opponent if no cross-interrogatories lodged | 67.00 |
(d)In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies, of | 16.60 |
Commission to take evidence on open commission | |
(a)Applying for commission up to and including lodging report of commission, but excluding sub-paragraph (c) | 246.10 |
(b)Fee to opponent | 110.60 |
(c)Fee for attendance at execution of commission, to include travelling, per quarter hour, of | 29.90 |
Miscellaneous motions and minutes where not otherwise covered by this Part | |
(a)Where attendance of counsel and/or solicitor not required | 29.90 |
(b)Where attendance of counsel and/or solicitor required inclusive of instruction of counsel, not exceeding half hour | 85.20 |
(c)Thereafter attendance fee, per quarter hour | 29.90 |
(d)Instructing counsel for a minute/note on further procedure (if applicable), revising and lodging as a separate step in process including any necessary action | 82.70 |
(e)Perusing a minute of admission or abandonment/note ordered by Court/notice of grounds | 29.90 |
Amendment of record | |
(a)Amendment of conclusions only, fee to proposer | 82.70 |
(b)Amendment of conclusions only, fee to opponent | 29.90 |
(c)Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer | 121.60 |
(d)In same circumstances, fee to opponent | 55.90 |
(e)Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers | 283.10 |
(f)Fee for adjustment of minute and answers, where applicable, to be allowed in addition to each party, of | 157.50 |
Copying15. For the copying of papers by whatever means– | |
(a)where a copy is required to be lodged, or sent, in pursuance of any Rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and he 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, such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person in copying shall not be allowed). | |
Notes:1. Where a determination is required under sub-paragraph (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. | |
Preparation for proof or jury trial16. (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 | 760.30 |
(b)For each day or part of day after the first, including instruction of counsel | 67.70 |
(c)Preparing for adjourned diets and all work incidental to it as in sub-paragraph (a), if adjourned for more than five days | 138.50 |
(d)If consultation held before proof or jury trial, attendance at it, per quarter hour | 29.90 |
Pre-trial meeting | |
(a)Fee arranging pre-trial meeting (each occasion) | 56.70 |
(b)Fee preparing for pre-trial meeting | 298.50 |
(c)Fee attending pre-trial meeting, per quarter hour | 29.90 |
(d)Joint Minute of pre-trial meeting– | |
(i)in respect of Section 1 only | 92.20 |
(ii)in respect of Sections 1 and 2 only | 184.30 |
(iii)in respect of Sections 1 and 3 only | 214.20 |
(iv)in respect of Sections 1, 2 and 3 only | 276.50 |
Hearing limitation fee18. For any work undertaken to limit matters in dispute not otherwise provided for – subject to details being provided | 238.80 |
Settlement | |
(a)Settlement by tender | |
(i)Lodging or considering first tender | 165.80 |
(ii)Lodging or considering each further tender | 110.60 |
(iii)If tender accepted, an additional fee to each accepting party | 110.60 |
(b)Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender or joint minute) to include preparation and lodging of joint minute | 276.50 |
(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, of | 470.00 |
(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 | 29.90 |
Proof or jury trial20. Attendance fee, per quarter hour | 29.90 |
Accounts | |
(a)Preparation of judicial account, to include production of vouchers and adjustment of expenses | 238.80 |
(b)Perusal of points of objections, per quarter hour | 19.90 |
(c)Attendance at taxation, per quarter hour | 19.90 |
Ordering and obtaining extract | 44.20 |
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 | 224.00 |
(b)In any other case | 67.50 |
(This note is not part of the Act of Sederunt)
This Act of Sederunt increases certain fees payable to solicitors in the Court of Session under Chapters I and III of the Table of Fees by 12.245%. The following fees in Chapter III are increased by an additional 8.75%: block fees in undefended consistorial actions in Part III, fees for work up to and included in lodging an opposed Outer House petition under Part IV, fees in defended actions under Part V and certain fees for Inner House business under Part VI. The Act also inserts a new Part VA into Chapter III of the Table of Fees which sets out fees for defended personal injury actions commenced on or after 1st April 2003.
Paragraph 2 of the Act does not apply to work done before it comes into force.
Paragraph 3 of the Act amends certain fees in Part V of Chapter III as from 1st July 2002.
The last increase in fees was made by Act of Sederunt (Rules of the Court of Session Amendment)(Fees of Solicitors, Shorthand Writers and Witnesses) 2002 (S.S.I. 2002/301).
1988 c. 36. Section 5 was amended by section 2(3) of the Civil Evidence (Scotland) Act 1988 (c. 32) and by paragraph 45 of Schedule 4 to the Children (Scotland) Act 1995 (c. 36).
S.I. 1994/1443, last amended by S.S.I. 2002/301.
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