Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989

1.  Actions (other than those specified in paragraph 2 of this Chapter) in which decree is granted without proof—

(a)Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree ... ... ... ...

(b)In cases where settlement is effected after service of a writ but before the expiry of the induciae ... ... ... ...

(c)If the pursuer’s solicitor elects to charge this inclusive fee he shall endorse a minute to that effect on the initial writ before ordering extract of the decree. Outlays such as court dues for deliverance and posts shall be chargeable in addition and taxation shall be unnecessary.

2.  Actions of separation and aliment, adherence and aliment and custody and aliment where proof (other than by way of affidavit evidence) takes place—

(a)Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree ... ... ... ...

(b)If the pursuer’s solicitor elects to charge this inclusive fee he shall endorse a minute to that effect on the initial writ after the close of the proof and before extract of the decree is ordered; and when the option is so exercised decree for expenses shall be granted against the defender for said sum together with the shorthand writer’s fee actually charged as provided by Act of Sederunt and of other outlays up to 160 without the necessity for taxation. If outlays in excess of 160, excluding the shorthand writer’s fee, are claimed, an account of such outlays shall be remitted to the auditor of court for taxation and the sum allowed for outlays shall be the amount of the account as taxed.

3.  Petition for appointment or discharge of a curator bonis

(a)Inclusive fee to cover all work enquiring into estate and taking instructions up to and including obtaining extract decree ... ... ... ...

(b)(i)If the solicitor elects to charge the inclusive fee and to recover only the normal outlays as set out in head (ii) of this sub-paragraph, he shall endorse on the petition before ordering extract of the decree a minute setting out the said fee and the outlays. Taxation of charges so specified shall not be necessary.

(ii)The normal outlays referred to in head (i) of this sub-paragraph are:—

• reasonable fees for medical reports;

• court dues for deliverance;

• sheriff officers' fees for service;

• advertising costs incurred;

• posts and incidents;

• and Value Added Tax chargeable on solicitors' fees and posts.