Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2003

Made: 14th March 2003

Coming into force: 1st April 2003

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 5 of the Court of Session Act 1988[^f00001] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2003 and shall come into force on 1st April 2003.

• (2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Increase in fees of solicitors and shorthand writers

2

• (1) The Table of Fees in rule 42.16 of the Rules of the Court of Session[^f00002] shall be amended in accordance with the following sub-paragraphs.

• (2) In the provisions mentioned in column 1 of Schedule 1 to this Act of Sederunt, for the amounts specified in column 2 of that Schedule, there shall be substituted the amounts specified in column 3.

• (3) In Chapter III–

• (a) in Part III, in Tables A and B the words “Add session fee” in column 1, “of 7½ %” in column 2, and “of 10½ % in column 3 shall be omitted;

• (b) in Part IV, paragraph 2(c) shall be omitted;

• (c) in Part V, paragraph 21 shall be omitted; and

• (d) after Part V, there shall be inserted Part VA (defended personal injuries actions commenced on or after 1st April 2003) set out in Schedule 2 to this Act of Sederunt.

Saving

3

Paragraph 2 shall not affect fees chargeable for work done, or outlays incurred before 1st April 2003.

SCHEDULE 1

SCHEDULE 2 — PART VA – DEFENDED PERSONAL INJURIES ACTIONS COMMENCED ON OR AFTER 1 APRIL 2003

Precognitions / Expert Reports / Factual Reports

1

Pre-Litigation Fee

2

All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings particularly to include communications between parties in relation to areas of medical/quantum/discussion re settlement or such other sum as in the opinion of the Auditor is justified

Instruction

3

Record

4

Valuation of claim

5

Adjustment of issues and counter-issues

6

By Order Roll/Variation of timetable order/Adjustment on Final Decree/Interim Payment of Damages

7

Reports obtained under order of court excluding Auditor’s Report

8

Incidental Procedure

9

(not chargeable prior to approval of issue or allowance of proof) Noting diet, obtaining note on the line of evidence, etc, borrowing and returning process, consultation on the sufficiency of evidence

Specification of documents (if further Specification considered necessary)

10

Commission to take evidence on interrogatories

11

Commission to take evidence on open commission

12

Miscellaneous motions and minutes where not otherwise covered by this Part

13

Amendment of record

14

Copying

15

For the copying of papers by whatever means–

Notes:

1

Where a determination is required under sub-paragraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account.

2

Copying done other than in the place of business of the solicitor shall be shown as an outlay.

Preparation for proof or jury trial

16

(to include fixing consultation on the sufficiency of evidence, fee-funding precept, citing witnesses, all work checking and writing up process and preparing for proof or jury trial)

Pre-trial meeting

17

Hearing limitation fee

18

For any work undertaken to limit matters in dispute not otherwise provided for – subject to details being provided

Settlement

19

Proof or jury trial

20

Attendance fee, per quarter hour

Accounts

21

Ordering and obtaining extract

22

Final procedure

23

Signed

W Douglas Cullen — Lord President, I.P.D. — 14th March 2003

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt increases certain fees payable to solicitors in the Court of Session under Chapters I and III of the Table of Fees by 12.245%. The following fees in Chapter III are increased by an additional 8.75%: block fees in undefended consistorial actions in Part III, fees for work up to and included in lodging an opposed Outer House petition under Part IV, fees in defended actions under Part V and certain fees for Inner House business under Part VI. The Act also inserts a new Part VA into Chapter III of the Table of Fees which sets out fees for defended personal injury actions commenced on or after 1st April 2003.

Paragraph 2 of the Act does not apply to work done before it comes into force.

Paragraph 3 of the Act amends certain fees in Part V of Chapter III as from 1st July 2002.

The last increase in fees was made by Act of Sederunt (Rules of the Court of Session Amendment)(Fees of Solicitors, Shorthand Writers and Witnesses) 2002 (S.S.I. 2002/301).

Footnotes

[^f00001]: 1988 c. 36. Section 5 was amended by section 2(3) of the Civil Evidence (Scotland) Act 1988 (c. 32) and by paragraph 45 of Schedule 4 to the Children (Scotland) Act 1995 (c. 36).

[^f00002]: S.I. 1994/1443, last amended by S.S.I. 2002/301.