The Court of Session etc. Fees Amendment Order 2008

Made: 6th June 2008

Laid before the Scottish Parliament: 6th June 2008

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2 of the Courts of Law Fees (Scotland) Act 1895[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

• (1) This Order may be cited as the Court of Session etc. Fees Amendment Order 2008 and, subject to paragraphs (2) and (3), shall come into force on 1st August 2008.

• (2) Article 2(2)(b) and Schedule 2 shall come into force, and article 2(2)(a) and Schedule 1 shall cease to have effect, on 1st April 2009.

• (3) Article 2(2)(c) and Schedule 3 shall come into force, and article 2(2)(b) and Schedule 2 shall cease to have effect, on 1st April 2010.

Amendment of the Court of Session etc. Fees Order 1997

2

• (1) The Court of Session etc. Fees Order 1997[^f00002] shall be amended in accordance with the following paragraph.

• (2) The Table of Fees in Schedule 1[^f00003] shall be substituted by–

• (a) the Table of Fees in Schedule 1 to this Order on 1st August 2008;

• (b) the Table of Fees in Schedule 2 to this Order on 1st April 2009; and

• (c) the Table of Fees in Schedule 3 to this Order on 1st April 2010.

SCHEDULE 1 — TABLE OF FEES

1

Appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House – fee (to comprehend signeting in normal office hours)

2

Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding other than a family action

3

Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, of a duplicate thereof)

4

Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)

5

In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required.

6

Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action

7

Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed

8

Special case–

9

Application by minute or motion for variation of an order in a family action

10

Answers or opposition to an application under item B9 of this Table

11

Letter of request to a foreign court

12

Citation of each jury, to include outlays incurred in citing and countermanding – payable on receipt of instruments for issue of precept

13

Reclaiming motion – fee payable by party enrolling motion

14

Closed record – fee payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined

15

Allowing proof, etc. – fee payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed

16

For the items in B17 to B25 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–

• For every 30 minutes or part thereof

17

Proof or Procedure Roll (B16 applies)

18

Summar Roll (B16 applies)

19

Jury Trial (B16 applies)

20

Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (B16 applies)

21

Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (B16 applies)

22

Motion Roll hearing (B16 applies)

23

Single Bills hearing (B16 applies)

24

Outer House hearings out of hours (B16 applies)

25

Inner House hearings out of hours (B16 applies)

26

Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion

1

Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982[^f00005]

2

Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours

3

Petition to be admitted as a notary public:

4

Petition to be admitted as a solicitor:

5

Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies

6

Caveat

7

Fiat

8

Registering official copies of orders of courts in England and Wales or Northern Ireland

9

Issue of an abbreviate in sequestration

10

Reclaiming motion – fee payable by party enrolling motion

11

Closed record – fee payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined

12

Allowing proof, etc. – fee payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed

13

Registering orders for enforcement under section 426 of the Insolvency Act 1986[^f00006]

14

For the items in C15 to C23 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–

• For every 30 minutes or part thereof

15

Proof or Procedure Roll (C14 applies)

16

Summar Roll (C14 applies)

17

Jury Trial (C14 applies)

18

Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (C14 applies)

19

Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (C14 applies)

20

Motion Roll hearing (C14 applies)

21

Single Bills hearing (C14 applies)

22

Outer House hearings out of hours (C14 applies)

23

Inner House hearings out of hours (C14 applies)

24

Fee payable by any party enrolling a motion or making a motion orally at the bar; and any party opposing any such motion

25

Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986

1

Parliamentary election petition

2

Statement of matters

3

Any other petition, application, answers or objections submitted to the court

4

Certificate of judgement

1

Appeal – inclusive fee

2

Answers – inclusive fee

1

Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise

2

Extract of admission as a solicitor

3

Extract of protestation

4

Certificate under the Civil Jurisdiction and Judgments Act 1982

5

Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership:

6

Extract from the Register of Acts and Decrees – per sheet or part thereof

7

Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise

8

Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970[^f00007]

9

Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 1938[^f00008]

1

For registering case and receiving and delivering up bond of caution–

2

For examining factor’s inventory – 0.333% of the value of the estate as disclosed

3

For auditing each account–

4

For reporting re discharge, special powers or on other special matters

5

For report on scheme of division

6

For certificate under seal

7

For lodging consignation

8

For producing or delivering up consignation–

9

For uplifting bond of caution

1

Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:

2

Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid

3

Fee for cancellation of diet of taxation–

1

Certified copy of proceedings for appeal to the House of Lords

2

Certifying of any other document (plus copying charges if necessary)

3

Recording, extracting, engrossing or copying– all documents (exclusive of search fee)–

4

Searches – for any search of records or archives:

5

Captions:

SCHEDULE 2 — TABLE OF FEES

1

Appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House – fee (to comprehend signeting in normal office hours)

2

Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding other than a family action

3

Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, of a duplicate thereof)

4

Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)

5

In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required.

6

Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action

7

Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed

8

Special case–

9

Application by minute or motion for variation of an order in a family action

10

Answers or opposition to an application under item B9 of this Table

11

Letter of request to a foreign court

12

Citation of each jury, to include outlays incurred in citing and countermanding – payable on receipt of instruments for issue of precept

13

Reclaiming motion – fee payable by party enrolling motion

14

Closed record – fee payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined

15

Allowing proof, etc. – fee payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed

16

For the items in B17 to B25 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–

• For every 30 minutes or part thereof

17

Proof or Procedure Roll (B16 applies)

18

Summar Roll (B16 applies)

19

Jury Trial (B16 applies)

20

Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (B16 applies)

21

Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (B16 applies)

22

Motion Roll hearing (B16 applies)

23

Single Bills hearing (B16 applies)

24

Outer House hearings out of hours (B16 applies)

25

Inner House hearings out of hours (B16 applies)

26

Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion

1

Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982[^f00010]

2

Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours

3

Petition to be admitted as a notary public:

4

Petition to be admitted as a solicitor:

5

Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies

6

Caveat

7

Fiat

8

Registering official copies of orders of courts in England and Wales or Northern Ireland

9

Issue of an abbreviate in sequestration

10

Reclaiming motion – fee payable by party enrolling motion

11

Closed record – fee payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined

12

Allowing proof, etc. – fee payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed

13

Registering orders for enforcement under section 426 of the Insolvency Act 1986[^f00011]

14

For the items in C15 to C23 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–

• For every 30 minutes or part thereof

15

Proof or Procedure Roll (C14 applies)

16

Summar Roll (C14 applies)

17

Jury Trial (C14 applies)

18

Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (C14 applies)

19

Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (C14 applies)

20

Motion Roll hearing (C14 applies)

21

Single Bills hearing (C14 applies)

22

Outer House hearings out of hours (C14 applies)

23

Inner House hearings out of hours (C14 applies)

24

Fee payable by any party enrolling a motion or making a motion orally at the bar; and any party opposing any such motion

25

Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986

1

Parliamentary election petition

2

Statement of matters

3

Any other petition, application, answers or objections submitted to the court

4

Certificate of judgement

1

Appeal – inclusive fee

2

Answers – inclusive fee

1

Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise

2

Extract of admission as a solicitor

3

Extract of protestation

4

Certificate under the Civil Jurisdiction and Judgments Act 1982

5

Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership:

6

Extract from the Register of Acts and Decrees – per sheet or part thereof

7

Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise

8

Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970[^f00012]

9

Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 1938[^f00013]

1

For registering case and receiving and delivering up bond of caution–

2

For examining factor’s inventory – 0.333% of the value of the estate as disclosed

3

For auditing each account–

4

For reporting re discharge, special powers or on other special matters

5

For report on scheme of division

6

For certificate under seal

7

For lodging consignation

8

For producing or delivering up consignation–

9

For uplifting bond of caution

1

Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:

2

Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid

3

Fee for cancellation of diet of taxation–

1

Certified copy of proceedings for appeal to the House of Lords

2

Certifying of any other document (plus copying charges if necessary)

3

Recording, extracting, engrossing or copying– all documents (exclusive of search fee)–

4

Searches – for any search of records or archives:

5

Captions:

SCHEDULE 3 — TABLE OF FEES

1

Appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House – fee (to comprehend signeting in normal office hours)

2

Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding other than a family action

3

Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, of a duplicate thereof)

4

Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)

5

In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required.

6

Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action

7

Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed

8

Special case–

9

Application by minute or motion for variation of an order in a family action

10

Answers or opposition to an application under item B9 of this Table

11

Letter of request to a foreign court

12

Citation of each jury, to include outlays incurred in citing and countermanding – payable on receipt of instruments for issue of precept

13

Reclaiming motion – fee payable by party enrolling motion

14

Closed record – fee payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined

15

Allowing proof, etc. – fee payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed

16

For the items in B17 to B25 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–

• For every 30 minutes or part thereof

17

Proof or Procedure Roll (B16 applies)

18

Summar Roll (B16 applies)

19

Jury Trial (B16 applies)

20

Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (B16 applies)

21

Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (B16 applies)

22

Motion Roll hearing (B16 applies)

23

Single Bills hearing (B16 applies)

24

Outer House hearings out of hours (B16 applies)

25

Inner House hearings out of hours (B16 applies)

26

Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion

1

Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982[^f00015]

2

Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours

3

Petition to be admitted as a notary public:

4

Petition to be admitted as a solicitor:

5

Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies

6

Caveat

7

Fiat

8

Registering official copies of orders of courts in England and Wales or Northern Ireland

9

Issue of an abbreviate in sequestration

10

Reclaiming motion – fee payable by party enrolling motion

11

Closed record – fee payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined

12

Allowing proof, etc. – fee payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed

13

Registering orders for enforcement under section 426 of the Insolvency Act 1986[^f00016]

14

For the items in C15 to C23 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–

• For every 30 minutes or part thereof

15

Proof or Procedure Roll (C14 applies)

16

Summar Roll (C14 applies)

17

Jury Trial (C14 applies)

18

Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (C14 applies)

19

Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (C14 applies)

20

Motion Roll hearing (C14 applies)

21

Single Bills hearing (C14 applies)

22

Outer House hearings out of hours (C14 applies)

23

Inner House hearings out of hours (C14 applies)

24

Fee payable by any party enrolling a motion or making a motion orally at the bar; and any party opposing any such motion

25

Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986

1

Parliamentary election petition

2

Statement of matters

3

Any other petition, application, answers or objections submitted to the court

4

Certificate of judgement

1

Appeal – inclusive fee

2

Answers – inclusive fee

1

Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise

2

Extract of admission as a solicitor

3

Extract of protestation

4

Certificate under the Civil Jurisdiction and Judgments Act 1982

5

Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership:

6

Extract from the Register of Acts and Decrees – per sheet or part thereof

7

Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise

8

Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970[^f00017]

9

Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 1938[^f00018]

1

For registering case and receiving and delivering up bond of caution–

2

For examining factor’s inventory – 0.333% of the value of the estate as disclosed

3

For auditing each account–

4

For reporting re discharge, special powers or on other special matters

5

For report on scheme of division

6

For certificate under seal

7

For lodging consignation

8

For producing or delivering up consignation–

9

For uplifting bond of caution

1

Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:

2

Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid

3

Fee for cancellation of diet of taxation–

1

Certified copy of proceedings for appeal to the House of Lords

2

Certifying of any other document (plus copying charges if necessary)

3

Recording, extracting, engrossing or copying– all documents (exclusive of search fee)–

4

Searches – for any search of records or archives:

5

Captions:

Signed

KENNY MACASKILL — A member of the Scottish Executive — 6th June 2008

Explanatory note

(This note is not part of the Order)

This Order amends the Court of Session etc. Fees Order 1997, which was last amended on 16th July 2007 by the Court of Session etc. Fees Amendment Order 2007 (S.S.I. 2007/319).

The Order specifies new fee levels payable to the Principal Clerk of Session, to the Accountant of Court and to the Auditor of Court of Session or to any officer acting for any of them in relation to proceedings in the Court of Session.

The average increase in the level of fees in 2008 is 49%, and in 2009 and 2010 is 3% in each of those years. The fees in the Table of Fees in Schedule 1 to this Order are payable from 1st August 2008 and replace fees applicable from 16th July 2007. The fees in the Table of Fees in Schedule 2 to this Order are payable from 1st April 2009 and replace the fees applicable from 1st August 2008. The fees in the Table of Fees in Schedule 3 to this Order are payable from 1st April 2010 and replace the fees applicable from 1st April 2009.

Footnotes

[^f00001]: 1895 c. 14; section 2 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), section 4, and modified by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), articles 2(1) and 4 and Schedule 2 Part I, paragraph 9, and Part IV. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00002]: S.I. 1997/688 as amended by S.I. 1999/755 and S.S.I. 2002/270 and 2007/319.

[^f00003]: Schedule 1 to the Court of Session etc. Fees Order 1997 was substituted by S.S.I. 2002/270, article 2(3) and 2007/319, article 2(4).

[^f00004]: Column 3 shows the fees which were payable under S.S.I. 2007/319 immediately before the coming into force of this Schedule. Where there is no entry in column 3 but an entry in column 2, the matter is new or has been amended such that no direct comparison can be made with the fee formerly payable.

[^f00005]: 1982 c. 27.

[^f00006]: 1986 c. 45.

[^f00007]: 1970 c. 35.

[^f00008]: 1938 c. 24; section 9 was amended by the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), section 46, and by the Land Tenure Reform (Scotland) Act 1974 (c. 38), section 13.

[^f00009]: Column 3 shows the fees which were payable in Schedule 1 to this Order immediately before the coming into force of this Schedule. Where there is no entry in column 3 but an entry in column 2, the matter is new or has been amended such that no direct comparison can be made with the fee formerly payable.

[^f00010]: 1982 c. 27.

[^f00011]: 1986 c. 45.

[^f00012]: 1970 c. 35.

[^f00013]: 1938 c. 24; section 9 was amended by the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), section 46, and by the Land Tenure Reform (Scotland) Act 1974 (c. 38), section 13.

[^f00014]: Column 3 shows the fees which were payable in Schedule 2 to this Order immediately before the coming into force of this Schedule. Where there is no entry in column 3 but an entry in column 2, the matter is new or has been amended such that no direct comparison can be made with the fee formerly payable.

[^f00015]: 1982 c. 27.

[^f00016]: 1986 c. 45.

[^f00017]: 1970 c. 35.

[^f00018]: 1938 c. 24; section 9 was amended by the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), section 46, and by the Land Tenure Reform (Scotland) Act 1974 (c. 38), section 13.