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

PART II.—DEFENDED ACTIONS

1.  Instructions fee, to include taking instructions (including instructions for a counterclaim) framing summons and statement of claim, obtaining warrant for service, enquiring for notice of intention to defend, attendance at first calling, noting defence ... ... ... ...

£51.00

2.  Service—

(a)Citation by post within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland for each party ... ... ... ...

£4.00

Citation by post elsewhere—for each party ... ... ... ...

£9.00

(b)Instructing service or reservice by sheriff officer including perusing execution of citation and settling sheriff officer’s fee—for each party ... ... ... ...

£4.00

(c)Framing and instructing service by advertisement—for each party ... ... ... ...

£13.50

3.  Attendance at court—

Attendance at any diet except as otherwise specifically provided ... ... ... ...

£13.50

4.  Preparing for proof, to include all work in connection with proof not otherwise provided for ... ... ... ...

£46.00

5.  Fee to cover preparing for adjourned diet and all incidental work if diet for more than six days—for each adjourned diet ... ... ... ...

£22.00

6.—(a) Drawing and lodging inventory of productions, lodging the productions specified therein and considering opponents' productions (to be charged only once in each process) ... ... ... ...

£20.00

(b)Where only one party lodges productions, opponents' charges for considering same ... ... ... ...

£9.00

7.  Precognitions—

(a)Drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence—per witness ... ... ... ...

£20.00

(b)Where precognitions exceed 2 sheets—for each additional sheet ... ... ... ...

£9.00

8.  Motions and minutes—

Fee to cover drawing, intimating and lodging of any written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court (except as otherwise provided in this chapter)—

(a)Where opposed ... ... ... ...

£28.00

(b)Where unopposed (including for each party a joint minute or joint motion) ... ... ... ...

£17.00

9.  Fee to cover considering opponents' written motion or minute excluding minute or motion to recall decree and relative attendance at court—

(a)Where motion or minute opposed ... ... ... ...

£22.00

(b)Where motion or minute unopposed ... ... ... ...

£13.50

10.  Conduct of proof—

(a)Fee to cover conduct of proof or trial and debate on evidence taken at close of proof—per half hour ... ... ... ...

£13.50

(b)Waiting time—per half hour ... ... ... ...

£7.00

11.  Settlements—

(a)Judicial tender, fee for consideration of, preparing and lodging minute of tender ... ... ... ...

£28.00

(i)Fee for consideration and rejection of tenders ... ... ... ...

£20.00

(ii)Fee on acceptance of tender—to include preparing and lodging, or consideration of minute of acceptance and attendance at court when decree granted in terms thereof ... ... ... ...

£20.00

(b)Extra judicial settlement—fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto ... ... ... ...

£46.00

12.  Specification of documents—

(a)Fee to cover drawing, intimating and lodging specification of documents and relative motion and attendance at court ... ... ... ...

£23.00

(b)Inclusive fee to opposing solicitor ... ... ... ...

£21.00

(c)Fee for citation of havers, preparation for and attendance before commissioner, to each party—for each half hour ... ... ... ...

£13.50

(d)If alternative procedure adopted, a fee per person upon whom order served ... ... ... ...

£9.00

13.  Commissions to take evidence—

(a)Fee to cover drawing, lodging and intimating motion and attendance at court—

(i)Where opposed ... ... ... ...

£28.00

(ii)Where unopposed ... ... ... ...

£17.00

(b)Fee to cover considering such motion and attendance at court—

(i)Where opposed ... ... ... ...

£22.00

(ii)Where unopposed ... ... ... ...

£13.50

(c)Fee to cover instructing commissioner and citing witness ... ... ... ...

£13.50

(d)Fee to cover drawing and lodging interrogatories and cross-interrogatories—per sheet

£9.00

(e)Attendance before commissioner—per hour ... ... ... ...

£13.00

(f)Travelling time—per hour ... ... ... ...

£8.50

14.  Supplementary note of defence (when ordained) ... ... ... ...

£9.00

15.  Appeals—

(a)Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof and preparation for hearing ... ... ... ...

£62.50

(b)Fee to cover conduct of hearing—per half hour ... ... ... ...

£13.50

16.  Final procedure—

(a)Fee to cover settling with witnesses, enquiring for cause at avizandum, noting final interlocutor ... ... ... ...

£28.00

(b)Fee to cover drawing account of expenses, arranging intimating and attending hearing on expenses, and obtaining approval of sheriff clerk’s report ... ... ... ...

£28.00

(c)Fee to cover considering opponents' account of expenses and attendance at hearing on expenses ... ... ... ...

£13.50