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 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.  Precognitions–Taking and drawing–per sheet

3.  Productions–

(a)For lodging productions–each inventory

(b)For considering opponent’s productions–each inventory

4.  Adjustment fee—To cover all work (except as otherwise specially provided for in this Chapter) in connection with the adjustment of the Record including making up and lodging certified copy Record–

(a)Agent for any party

(b)If action settled before Options Hearing, each original party’s agent

(c)If additional defender brought in before Options Hearing, additional fee to each original party’s agent

(d)If additional defender brought in after Options Hearing, additional fee to each original party’s agent

5.  Affidavits–To framing affidavits, per sheet

6.  Options Hearing–To include preparation for and conduct of Options Hearing (or First Hearing in defended family actions) and noting interlocutor–

(a)Where hearing does not exceed one half hour

(b)Where hearing exceeds one half hour–for every extra quarter hour

(c)For lodging and intimating or for considering note of basis of preliminary plea–for each note lodged

7.  Additional Procedure–for all work subsequent to Options Hearing including preparation for and attendance at procedural hearing–

where hearing does not exceed one half hour

8.  Debate (other than on evidence)–

(a)Where counsel not employed

(i)To include preparation for and all work in connection with any hearing or debate other than on evidence

(ii)For every quarter hour engaged

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

(c)Waiting time–per quarter hour

9.  Interim Interdict Hearings–

(a)Preparation for each hearing–each party

(b)Fee to conduct hearing–per quarter hour

(c)If counsel employed, fee to attend hearing per quarter hour

(d)Waiting time–per quarter hour

10.  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 £35)

11.  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 opposing solicitor

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

(iv)If counsel employed, fee for attendance of solicitor–per quarter hour

(v)Travelling time–per quarter hour

12.  Specification of documents–

(a)Fee to cover drawing, intimating and lodging specification and relative motion

(i)Where motion unopposed

(ii)Where motion opposed–additional fee per quarter hour

(b)Fee to opposing solicitor–

(i)Where motion not opposed

(ii)Where motion opposed–additional fee per quarter hour

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

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

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

(d)If optional procedure adopted–fee per person upon whom order is served

(e)Fee for perusal of documents recovered per quarter hour

13.  Amendment of Record–

(a)(i)Fee to cover drawing, intimating and lodging minute of amendment and relative motion

(ii)Fee for perusal of answers

(iii)Fee for any court appearance necessary per quarter hour

(b)(i)Fee to opposing solicitor–for perusing minute of amendment

(ii)Fee for preparation of answers

(iii)Fee for any court appearance necessary per quarter hour

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

14.  Motions & minutes–

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

(i)Where opposed

(ii)Where unopposed (including for each party a joint minute other than under paragraph 20(b))

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

(i)Where opposed

(ii)Where unopposed

15.  Hearing Limitation–

Fee to include work (except as otherwise specially provided for in this Chapter) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any Notice to Admit or Notice of Non-Admission and preparing and lodging any Joint Minute, not exceeding

16.  Procedure preliminary to proof–

(a)Fee to cover all work preparing for proof (except as otherwise specially provided for in this Chapter)

(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)Fee for attendance inspecting opponent’s documents per quarter hour

17.  Conduct of proof–

(a)Conduct of proof 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

18.  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

19.  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

• If counsel employed–

(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

20.  Settlements

(a)Judicial tender–

(i)Fee for preparation and lodging or for consideration of each 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

(c)Whether or not fees are payable under (a) or (b) above where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed–not exceeding

21.  Final procedure–

(a)Fee to cover settling with witnesses, enquiring for cause at avizandum and 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 where necessary, ordering, procuring and examining extract decree or adjusting account with opponent

22.  Copying–

Copying all necessary papers by any means–

(a)First copy–per sheet

(b)Additional copies–per sheet

23.  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.

24.  Instruction of counsel

(a)Fee for instructing counsel to revise pleadings

(b)Fee for instructing counsel to attend court

(c)Fee for attending consultation with counsel–

(i)where total time engaged does not exceed one hour

(ii)for each additional quarter hour