Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2014

Made: 20th January 2014

Laid before the Scottish Parliament: 21st January 2014

Coming into force: 1st March 2014

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section40(1) of the Sheriff Courts (Scotland) Act 1907[^f00001] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation, commencement and interpretation

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2014.

• (2) It comes into force on 1st March 2014.

• (3) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

• (4) In this Act of Sederunt—

• “the 1993 Act of Sederunt” means the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993[^f00002]; and

• “the Table of Fees” means the Table of Fees set out in Schedule1 to the 1993 Act of Sederunt.

Amendment of general regulations

2

• (1) The general regulations set out in Schedule1 to the 1993 Act of Sederunt are amended in accordance with the following subparagraphs.

• (2) In paragraph14(b) of the general regulations, for “PartsI, II and III” substitute “PartsI, II, III, IIIA and IIIB”.

• (3) For paragraph14(c) of the general regulations substitute—

(c) No fee is allowable under the following provisions for attendance at a continuation of the first calling, unless specially authorised by the court— (i) in PartI, paragraph3 (attendance at court); (ii) in PartII, paragraph3 (attendance at court); (iii) in PartIII, paragraph5 (attendance at court); (iv) in PartIIIA, paragraph5 (attendance at court); (v) In PartIIIB, paragraph18 (attendance at court);

• (4) In paragraph14(d) of the general regulations, omit “and in PartIII (Defended Actions and Defended Actions: Personal Injury Claims only), in respect of paragraph6 (precognitions),”.

• (5) In paragraph14(e) of the general regulations, for “in Part II, in respect of paragraph15 and in PartIII (Defended Actions and Defended Actions: Personal Injury Claims only), in respect of paragraph19 (appeals)”, substitute “in PartII, in respect of paragraph15 (appeals), in PartIII, in respect of paragraph18 (appeals), in PartIIIA, in respect of paragraph18 (appeals) and PartIIIB, in respect of paragraph22 (appeals),”.

• (6) After paragraph14 of the general regulations, insert—

(15) In addition to the matters set out in the Table of Fees, travel time at a rate of £35 per quarter hour may be claimed on cause shown at the discretion of the Auditor.

Amendment of the Table of Fees

3

• (1) The Table of Fees is amended in accordance with the following subparagraphs.

• (2) In ChapterI—

• (a) for PartI substitute the Part set out in Schedule1;

• (b) in PartII for Tables A, B and C substitute the respective tables set out in Schedule2.

• (3) In ChapterII—

• (a) for PartII substitute the Part set out in Schedule3;

• (b) for Part IIA substitute the Part set out in Schedule4.

• (4) For ChapterIII substitute the Chapter set out in Schedule5.

• (5) In ChapterIV—

• (a) for Part I substitute the Part set out in Schedule6;

• (b) for Part III – DEFENDED ACTIONS (COMMENCED AFTER 10TH JUNE 2002) substitute the Part set out in Schedule7;

• (c) for Part III – DEFENDED ACTIONS: PERSONAL INJURY CLAIMS ONLY (COMMENCED ON OR AFTER 10TH JUNE 2002) substitute the Part set out in Schedule 8;

• (d) after the Part substituted by paragraph(c), insert the Part set out in Schedule9.

Savings

4

Paragraphs2 and 3 do not affect fees chargeable for work done, or outlays incurred, before 1stMarch 2014.

SCHEDULE 1 — PART I – UNDEFENDED ACTIONS (OTHER THAN ACTIONS OF DIVORCE OR SEPARATION AND ALIMENT (AFFIDAVIT PROCEDURE))

1

Actions (other than those specified in Part II of this Chapter) in which decree is granted without proof

2

Actions of separation and aliment, adherence and aliment and custody and aliment where proof (other than by way of affidavit evidence) takes place

3

Petition for appointment of discharge of a curator bonis

SCHEDULE 2 — PART II – UNDEFENDED ACTIONS OF DIVORCE AND OF SEPARATION AND ALIMENT (AFFIDAVIT PROCEDURE)

Table A	Table A	Table A	Table A
Column 1	Column 1	Column 2
Work Done	Work Done	Inclusive fee
		£
1.	All work to and including the period of notice	702.00
2.	All work from the period of notice to and including swearing affidavits	507.00
3.	All work from swearing affidavits to and including sending extract decree	156.00
4.	All work to and including sending extract decree	1,365.00
Add process fee of	Add process fee of	10%
Table B	Table B	Table B	Table B
---	---	---	---
Column 1	Column 1	Column 2
Work Done	Work Done	Inclusive fee
		£
1.	All work to and including the period of notice	585.00
2.	All work from the period of notice to and including swearing affidavits	273.00
3.	All work from swearing affidavits to and including sending extract decree	156.00
4.	All work to and including sending extract decree	1,014.00
Add process fee of	Add process fee of	10%
Table C	Table C	Table C	Table C
---	---	---	---
Column 1	Column 1	Column 2
Work Done	Work Done	Inclusive fee
		£
1.	All work to and including the period of notice	273.00
2.	All work from the period of notice to and including swearing affidavits	156.00
3.	All work under items 1 and 2	429.00
Add process fee of	Add process fee of	10%

SCHEDULE 3 — PART II – DEFENDED ORDINARY ACTIONS (OTHER THAN PERSONAL INJURIES ACTIONS TO WHICH PART IIA APPLIES), COMMERCIAL ACTIONS AND FAMILY ACTIONS COMMENCED AFTER 1ST JANUARY 1994

1

Work before action commences – Ordinary Action and Family Action

2

Work before action commences – Commercial Action

3

Instruction

4

Precognitions and reports

5

Productions

6

Adjustment

7

Affidavits

8

Options Hearing or Child Welfare Hearing

9

Additional Procedure

10

Case Management Conference – Commercial Action

11

Note of Arguments – Commercial Action

12

Debate (other than on evidence)

13

Interim Interdict Hearings and other Interim Hearings

14

Reports obtained under order of court

15

Commissions to take evidence

16

Specification of documents

17

Amendment of Record

18

Motions and minutes

19

Withdrawal of solicitors

20

Attendance not otherwise provided for

21

Hearing limitation fee

22

Preparation for proof

23

Conduct of proof

24

Debate on evidence

25

Appeals

26

Settlements

27

Final procedure

28

Copying

29

Process fee

30

Instruction of counsel or solicitor advocate

SCHEDULE 4 — PART IIA – DEFENDED PERSONAL INJURIES ACTIONS PROCEEDING UNDER PART AI OF CHAPTER 36 OF THE ORDINARY CAUSE RULES

1

Precognitions and reports

2

Pre-litigation fee

3

Instruction

4

Productions

5

Adjustment

6

Affidavits

7

Valuation of Claim

8

Incidental hearings/variation of timetable order

9

Reports obtained under order of court excluding Auditor’s Report

10

Specification of documents (if further specification deemed necessary)

11

Commission to take evidence

12

Motions and minutes

13

Debate (other than on evidence)

14

Incidental Procedure (not chargeable prior to allowance of proof)

15

Amendment of Record

16

Withdrawal of solicitors

17

Attendance not otherwise provided for

18

Hearing limitation fee

19

Preparation for proof

20

Pre-proof conference

21

Joint minute of pre-proof conference

22

Conduct of proof

23

Debate on evidence

24

Settlements

25

Final procedure

26

Copying

27

Process fee

28

Instruction of counsel or solicitor advocate

29

Appeals

30

Accounts

31

Ordering and procuring extract

SCHEDULE 5 — CHAPTER III

1

Attendance at court

2

Time occupied in the performance of all other work

3

Drawing papers

4

Framing affidavits, per sheet

5

Revising papers where revisal ordered, for each five sheets

6

Copying

7

Certifying or signing a document

8

Perusing any document, per quarter hour

9

Lodging in process

10

Borrowing process

11

Extracts

12

Correspondence, intimation, etc.

13

Citations

14

Instructions to officers

15

Personal diligence

16

Sales

SCHEDULE 6 — PART I – UNDEFENDED ACTIONS

1

Inclusive fee

2

Service

3

Attendance at court

SCHEDULE 7 — PART III – DEFENDED ACTIONS (COMMENCED ON OR AFTER 10th JUNE 2002)

1

Work before action commences

2

Instruction

3

Service

4

Attendance at first calling

5

Attendance at court

6

Precognitions

7

Reports obtained under order of court

8

Productions

9

Affidavits

10

Incidental applications and minutes

11

Hearing limitation fee

12

Procedure preliminary to proof

13

Conduct of proof

14

Debate on evidence

15

Settlements

16

Specification of documents

17

Commissions to take evidence – open commissions

18

Appeals

19

Final procedure

SCHEDULE 8 — PART IIIA – DEFENDED ACTIONS: PERSONAL INJURY CLAIMS ONLY (COMMENCED ON OR AFTER 10TH JUNE 2002)

1

Work before action commences

2

Instruction

3

Service

4

Attendance at first calling

5

Attendance at court

6

Precognitions

7

Reports obtained under order of court

8

Productions

9

Affidavits

10

Incidental applications and minutes

11

Procedure preliminary to proof

12

Hearing limitation fee

13

Conduct of proof

14

Debate on evidence

15

Settlements

16

Specification of documents

17

Commissions to take evidence – open commissions

18

Appeals

19

Final procedure

20

Instruction of Counsel or solicitor advocate

SCHEDULE 9 — PART IIIB – DEFENDED ACTIONS: PERSONAL INJURY CLAIMS COMMENCED ON OR AFTER 1ST MARCH 2014

1

Precognition and reports

2

Work before action commences

3

Instruction fee

4

Adjustment fee

5

Introduction of additional parties

6

Valuation of claim

7

Productions

8

Affidavits

9

Incidental applications and minutes

10

Reports obtained under order of court excluding Auditor’s Report

11

Specification of documents (if further specification deemed necessary)

12

Commissions to take evidence – open commissions

13

Hearing limitation fee

14

Preparation for proof

15

Pre-proof conference

16

Conduct of proof

17

Debate on evidence

18

Attendance at court

19

Settlements

20

Final procedure

21

Copying

22

Appeals

23

Instruction of counsel or solicitor advocate

24

Accounts of Expenses

25

Ordering and procuring extract

Signed

BRIAN GILL — Lord President — I.P.D. — 20th January 2014

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt makes amendments to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 (S.I. 1993/3080).

The Table of Fees has been amended to provide that all monetary values in ordinary causes are expressed as a multiple or fraction of the new rate of £156 per hour. The previous rate was £142 per hour, which has not been increased since 2009 and certain values were previously not expressed as a multiple or fraction of that rate. They have now been standardised to the nearest appropriate multiple or fraction of £156 per hour. All monetary values in summary causes have been expressed as a multiple or fraction of the standardised rate of £142 per hour.

In addition, a revised Part of the Table of Fees is provided in respect of defended summary cause personal injury actions raised on or after 1st March 2014. This is in consequence of the new summary cause personal injury rules introduced by the Act of Sederunt (Summary Cause Rules Amendment) (Personal Injuries Actions) 2012 (S.S.I. 2012/144).

The Table of Fees was last amended by the Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2011 (S.S.I. 2011/403).

The Act of Sederunt does not apply as respects fees chargeable for work done, or outlays incurred, before it comes into force.

Footnotes

[^f00001]: 1907 c.51. Section 40 was amended by Schedule 1 to the Sheriff Courts (Scotland) Act 1913 (c.28); section 1(3) of the Secretaries of State Act 1926 (c.18); the Schedule to the Administration of Justice (Scotland) Act 1933 (c.41); paragraph 7 of Schedule 1 and Schedule 2 to the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12). Section 40 was renumbered as section 40(1), words were repealed and section 40(2) was inserted by S.S.I. 2011/396.

[^f00002]: S.I. 1993/3080; last amended by S.S.I. 2011/403.