Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993

1.  Instruction fee—

(a)To cover all work (except as hereinafter otherwise specially provided for in this Chapter) to the lodging of defences including copyings

(b)Where separate statement of facts and counterclaim and answers lodged, additional fee of

2.  Adjustment fee—To cover all work (except as hereinafter otherwise specially provided for in this Chapter) in connection with the adjustment of the Record including (when appropriate) closing thereof, making up and lodging Closed Record and copyings—

(a)Agent for any party

(b)If action settled before Record is closed–each original party’s agent

(c)If additional defender brought in before closing of Record -additional fee to each original party’s agent

(d)If additional defender brought in after closing of Record–additional fee to each original party’s agent

3.  Affidavit fee—To framing affidavits, per sheet

4.—(a) Debate fee—To include preparation for and conduct of any hearing or debate other than on evidence, enquiring for cause at avizandum and noting interlocutor–

(i)When debate does not exceed 1 hour

(ii)For every quarter hour engaged after the first hour

(iii)Waiting time–per quarter hour

(b)Interim Interdict Hearings–

(i)Pursuer’s solicitor–the same fees as for debate fee above, but to include both the appearance at lodging of writ and the hearing at second diet

(ii)Defender’s solicitor’s fee where the debate does not exceed 1 hour

(iii)Waiting time–per quarter hour

5.  Precognitions–Taking and drawing–per sheet

6.  Custody reports obtained under order of court–

(a)Fee for all work incidental thereto

(b)Additional fee per sheet of report to include all copies required (maximum £25)

7.  Commissions to take evidence–

(a)On Interrogatories–

(i)Fee to solicitor applying for commission to include drawing, intimating and lodging motion, drawing and lodging interrogatories, instructing commissioner and all incidental work (except as otherwise specially provided for in this Chapter) but excluding attendance at execution of commission

(ii)Fee to opposing solicitor if cross-interrogatories prepared and lodged

(iii)If no cross-interrogatories lodged

(b)Open Commissions–

(i)Fee to solicitor applying for commission to include all work (except as otherwise specially provided for in this Chapter) up to lodging report of commission but excluding attendance thereat

(ii)Fee to solicitor for opposing party

(iii)Fee for attendance at execution of commission–per quarter hour

(iv)Travelling time–per quarter hour

8.  Specification of documents–

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

(b)Inclusive fee to opposing solicitor

(c)Fee for citation of havers, preparation for and attendance before commissioner at execution of commission–

(i)Where attendance before commissioner does not exceed 1 hour

(ii)For each additional quarter hour after the first hour

(d)If commission not executed–fee for serving each party with copy of specification to include recovering and examining documents or productions referred to therein

9.  Amendment of Record–

(a)fee to cover drawing, intimating and lodging minute of amendment and relative motion and relative attendances at court–

(i)Where answers lodged

(ii)Where no answers lodged

(b)Inclusive fee to opposing solicitor–

(i)Where answers lodged

(ii)Where no answers lodged

(c)Fee for adjustment of minute and answers where applicable to be allowed in addition to each party

10.  Motions and minutes–

(a)Fee to cover drawing, intimating and lodg` ing any written motion or minute, including a reponing note, and relative attendances at court (except as otherwise provided for in this Chapter)

(i)Where opposed

(ii)Where unopposed (including for each party a joint minute other than under paragraph 15(b))

(b)Fee to cover considering opponent’s written motion, minute or reponing note, and relative attendances at court–

(i)Where motion, minute or reponing note opposed

(ii)Where motion, minute or reponing note unopposed

11.  Procedure preliminary to proof–

(a)Fee to cover fixing diet of proof, citation of witnesses, and generally preparing for trial or proof and if necessary instructing shorthand writer–

(i)If action settled or abandoned not later than 14 days before the diet of proof

(ii)In any other case

(b)Fee to cover preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, for each additional diet

(c)Drawing and lodging an inventory of productions, lodging the productions specified therein, and considering opponent’s productions (to be charged once only in each process)

(d)Where only one party lodges productions, opponent’s charges for considering same

12.  Conduct of proof or trial–

(a)Fee to cover conduct of proof or trial and debate on evidence if taken at close of proof–per quarter hour

(b)If counsel employed, fee to solicitor appearing with counsel–per quarter hour

(c)Waiting time–per quarter hour

13.  Debate on evidence–

(a)Where debate on evidence not taken at conclusion of proof, preparing for debate

(b)Fee for conduct of debate–per quarter hour

(c)If counsel employed, fee to solicitor appearing with counsel–per quarter hour

(d)Waiting time–per quarter hour

14.  Appeals–

(a)To sheriff principal–

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

(ii)Fee to cover conduct of hearing–per quarter hour

(iii)If counsel employed, fee to solicitor appearing with counsel per quarter hour

(iv)Waiting time–per quarter hour

(b)To Court of Session–

Fee to cover instructions, marking appeal or noting that appeal marked and instructing Edinburgh correspondents

15.  Settlements

(a)Judicial tender–

(i)Fee for preparation and lodging or for consideration of minute of tender

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

(b)Extra-judicial settlement–

Fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto

16.  Final procedure–

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

(b)Fee to cover drawing account of expenses, arranging, intimating and attending diet of taxation and obtaining approval of auditor’s report and adjusting account with opponent where necessary, ordering, procuring and examining extract decree

(c)Fee to cover considering opponent’s account of expenses and attending diet of taxation or adjusting account with opponent

17.  Copying fees–

Copying all necessary papers by any means–

(a)First copy–per sheet

(b)Additional copies–per sheet

18.  Process fee–

Fee to cover all consultations between solicitor and client during the progress of the cause and all communications, written or oral, passing between them–10 per cent on total fees and copyings allowed on taxation.

19.  Fee for instruction of counsel–

(a)Fee for instructing counsel to revise record

(b)Fee for instructing counsel to conduct debate, proof or trial

(c)Fee for instructing counsel to conduct appeal to sheriff principal

1.  In each case to cover all consultations, revisal of papers and all incidental work.

2.  Fee to counsel to be allowed as outlay.