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

1.  of a value^*from £50 to £250

2.  of a value^* of less than £50

3.  for recovery of possession of heritable property, if not defended

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 theinduciae

(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 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 £60 without the necessity of taxation. If outlays in excess of £60, 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.

1.  All wwork to and including the period of notice

2.  All work from the period of notice to and including swearing affidavits

3.  All work from swearing affidavits to and including sending extracts decree

4.  All work to and including sending extract decree

1.  All work to and including the period of notice

2.  All work from the period of notice to and including swearing affidavits

3.  All work from swearing affidavits to and including sending extract decree

4.  All work to and including sending extract decree

1.  All work to and including the period of notice

2.All work from the period of notice to and including swearing affidavits

3.  All work under items 1 and 2

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.

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

1.  Attendance at court conducting trial proof or formal debate or hearing–per quarter hour

2.  Time occupied in the performance of all other work including attendances with client and others and attendances at court in all circumstances, except as otherwise specially provided–

(a)Solicitor–per quarter hour

(b)Allowance for time of clerk–one half of above

Note.Time necessarily occupied in travelling to such to be chargeable at these rates.

3.  Drawing all necessary papers (other than affidavits) (the sheets throughout this Chapter to consist of 250 words or numbers)–per sheet

4.  Framing affidavits–per sheet

5.  Revising papers where revisal ordered–for each five sheets

6.  Copying all necessary papers by any means–

(i)First copy–per sheet

(ii)Additional copies–per sheet

7.  Certifying or signing a document

8.  Perusing any document–per quarter hour

9.  Lodging in process–

Each necessary lodging in or uplifting from process; also for each necessary enquiry for documents due to be lodged

10.  Borrowing process–

Each necessary borrowing of process to include return of same

11.  Extracts–

Ordering, procuring and examining extracts, interim or otherwise

12.  Correspondence, intimations, etc.–

(a)Formal letters and intimations

(b)Letters other than above–per page of 125 words

(c)Telephone calls except under (d)

(d)Telephone calls (lengthy) to be treated as attendances or long letters.

13.  Citations–

Each citation of party or witness including execution thereof

14.  Instructions to officers–

(a)Instructing officer to serve, execute or intimate various kinds of writs or diligence including the examination of executions

(b)For each party after the first on whom service or intimation is simultaneously made

(c)Agency accepting service of any writ

(d)Reporting diligence

15.  Personal diligence–

(a)Recording execution of charge

(b)Procuring fiat

(c)Instructing apprehension

(d)Framing state of debt and attendance at settlement

16.  Sales–

(a)Obtaining warrant to sell

(b)Instructing auctioneer or officer to conduct sale

(c)Perusing report of sale

(d)Reporting sale under poindings or sequestrations or any other judicial sales

(e)Noting approval of roup roll

(f)Obtaining warrant to pay

1.  To include taking instructions, framing summons and statement of claim, obtaining warrant for service, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree and including posts and sundries

2.  Service–

(a)citation by post wheresoever after the first citation for each party

(b)framing and instructing service by advertisement–for each party

3.  Attendance at court

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.

2.  Service–

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

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

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

3.  Attendance at court–

Attendance at any diet except as otherwise specially provided

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

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

6.—(a) Drawing and lodging inventory of productions, lodging the productions specified therein and cons idering opponent’s productions (to be charged only once in each process)

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

7.  Precognitions–

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

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

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

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

9.  Fee to cover considering opponent’s written motion or minute (excluding minute of motion to recall decree) and relative attendance at court–

(a)Where motion or minute opposed

(b)Where motion or minute unopposed

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

(b)Waiting time–per half hour

11.  Settlements–

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

(i)Fee for consideration and rejection of tenders

(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

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

12.  Specification of documents–

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

(b)Inclusive fee to opposing solicitor

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

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

13.  Commissions to take evidence–

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

(i)Where opposed

(ii)Where unopposed

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

(i)Where opposed

(ii)Where unopposed

(c)Fee to cover instructing commissioner and citing witness

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

(e)Attendance before commissioner–per hour

(f)Travelling time–per hour

14.  Supplementary note of defence (when ordered)

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

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

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 hearing on expenses, and obtaining approval of sheriff clerk’s report

(c)Fee to cover considering opponent’s account of expenses and attendance at hearing on expenses

1.  Taking instructions to present petition for decree-dative, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary, and all matters incidental to petition–inclusive fee

2.  Preliminary investigation and confirmation of executors–

3.  Bonds of caution–

(a)Taking out bond of caution, getting it signed and lodged with clerk of court, and procuring attestation of cautioner’s sufficiency

(b)Where caution is found through the medium of a guarantee company for all the work in connection therewith

4.  Restriction of caution–

Taking instructions to prepare petition for restriction of caution, drawing petition and making necessary copies, instructing advertisement and all matters incidental to petition–inclusive fee