Act of Sederunt (Fees of Solicitors in the Sheriff Appeal Court) 2015

Made: 17th November 2015

Laid before the Scottish Parliament: 18th November 2015

Coming into force: 1st January 2016

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 106(1) of the Courts Reform (Scotland) Act 2014[^f00002] and all other powers enabling it to do so.

Citation and commencement, etc.

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Appeal Court) 2015.

• (2) It comes into force on 1st January 2016.

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

Application

2

• (1) This Act of Sederunt regulates the taxation of accounts of expenses between party and party in the Court.

• (2) Nothing in this Act of Sederunt affects the inherent powers of the Court in relation to expenses.

Interpretation

3

• (1) In this Act of Sederunt—

• “advocate” means a practising member of the Faculty of Advocates;

• “the Court” means the Sheriff Appeal Court;

• “solicitor” means a person qualified to practise as a solicitor under section 4 of the Solicitors (Scotland) Act 1980[^f00003];

• “solicitor advocate” means a solicitor having a right of audience before the Court of Session by virtue of section 25A of the Solicitors (Scotland) Act 1980[^f00004].

• (2) In this Act of Sederunt—

• (a) a sheet consists of 250 words or numbers;

• (b) a page consists of 125 words.

• (3) Where there is a reference in this Act of Sederunt to a rule, it is a reference to that rule in the Act of Sederunt (Sheriff Appeal Court Rules) 2015[^f00005].

Basis of charging

4

• (1) A solicitor may prepare an account of expenses on the basis of—

• (a) Schedule 1 (detailed fees); or

• (b) Schedule 2 (inclusive fees).

• (2) A solicitor may not prepare an account of expenses partly on the basis of Schedule 1 and partly on the basis of Schedule 2.

• (3) Only the proper expenses of process may be included in an account of expenses.

Outlays

5

Any outlays reasonably incurred by a solicitor in relation to an appeal may be included in an account of expenses.

Value added tax

6

• (1) This paragraph applies where work done by a solicitor constitutes a supply of services in respect of which value added tax is chargeable.

• (2) The amount of value added tax chargeable may be included in an account of expenses.

Copying of documents

7

• (1) This paragraph applies where a solicitor proposes to include a charge for copying of documents in an account of expenses.

• (2) Where the copying was done other than in the place of business of the solicitor, it is to be shown as an outlay.

• (3) The account of expenses must specify—

• (a) the purpose of the copying;

• (b) the number of copies made;

• (c) the amount of the charge or outlay that the solicitor proposes should be allowed.

• (4) The auditor of court is only to allow a charge or outlay if the auditor determines that—

• (a) the copying had to be done in circumstances which were in some way exceptional;

• (b) the documents which required to be copied were unusually numerous having regard to the nature of the appeal.

• (5) Where the auditor allows a charge or outlay, the auditor is to allow an amount that the auditor considers reasonable in the circumstances.

Travel time

8

Where a charge for travel time is included in an account of expenses, the auditor is only to allow it on cause shown.

Employment of advocate or solicitor advocate

9

• (1) This paragraph applies where the Court has sanctioned work in an appeal as suitable for the employment of counsel.

• (2) Where an advocate or a solicitor advocate is instructed, the auditor is to allow—

• (a) the reasonable fees of an advocate or a solicitor advocate for doing that work; and

• (b) the applicable fees for instructing an advocate or a solicitor advocate.

• (3) Where a consultation is reasonably required in relation to that work, the auditor may allow—

• (a) the reasonable fees of an advocate or a solicitor advocate for the consultation;

• (b) the applicable fees for attending a consultation.

• (4) Except on cause shown, the auditor may only allow fees under paragraph (3) in respect of one consultation in the course of the appeal.

• (5) Where a solicitor advocate is not instructed by another solicitor, the auditor is not to allow the fees mentioned in subparagraphs (2)(b) and (3)(b).

Disallowance of expenses

10

• (1) At taxation, the auditor may only allow expenses if they are reasonable for conducting the appeal in a proper manner.

• (2) The auditor is to disallow any expenses—

• (a) that the auditor considers to be unnecessary;

• (b) in relation to any part of the appeal where the party entitled to expenses was unsuccessful;

• (c) where any part of the expenses have been incurred through the fault of the party entitled to them.

Inclusive fees: modification by auditor

11

Where an account of expenses is prepared on the basis of Schedule 2 (inclusive fees), the auditor may increase or reduce any fee if the auditor thinks it appropriate to do so.

SCHEDULE 1 — DETAILED FEES

1

Attendance at court conducting any hearing, per quarter hour

2

Any other attendances with clients and others and at court except as otherwise provided—

3

Travel time, per quarter hour

4

Considering any document, per quarter hour

5

Preparation of all necessary documents (except affidavits), per sheet

6

Preparation of affidavits, per sheet

7

Certifying or signing a document

8

Revising documents (where revisal ordered), per five sheets

9

Making up and lodging the process

10

Lodging each necessary document in process

11

Borrowing from process, where necessary

12

Uplifting from process, where necessary

13

Letters (except formal letters), per page

14

Formal letters

15

Telephone calls (except lengthy telephone calls)

16

Lengthy telephone calls, per quarter hour

17

Accepting intimation of any appeal or application

18

Instructing sheriff officer to give intimation or to execute diligence

19

For each additional party on whom intimation is simultaneously made

20

Ordering, procuring and examining any extract

SCHEDULE 2 — INCLUSIVE FEES

PART 1 — APPEALS UNDER THE STANDARD APPEAL PROCEDURE OR THE ACCELERATED APPEAL PROCEDURE

1

All work (except appearances) up to appointment of appeal to standard appeal procedure or accelerated appeal procedure—

2

Preparing and lodging—

3

Considering opponent’s grounds of appeal or answers to grounds of appeal

4

Preparing and lodging reference

5

Considering opponent’s reference

6

Preparing and lodging note of argument

7

Lodging all necessary documents (except appendix) as required by the timetable

8

Preparing or revising appendix, per 50 pages

9

Conducting any hearing, per quarter hour

10

Attending any hearing (where advocate or solicitor advocate is instructed to conduct hearing), per quarter hour

11

Preparing for appeal hearing (including instruction of advocate or a solicitor advocate to conduct the hearing)

12

Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—

13

Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—

14

Preparing and lodging motion to amend

15

Considering opponent’s motion to amend

16

Preparing and lodging opposition to motion

17

Considering opponent’s opposition to motion

18

All work preparing for a peremptory hearing fixed under rule17.3(1), including initial attendance at court to conduct peremptory hearing

19

Preparing and lodging account of expenses

20

Conducting taxation hearing, per quarter hour

21

Ordering and obtaining an extract

22

Instructing advocate or solicitor advocate to revise pleadings

23

Instructing advocate or solicitor advocate to attend court to conduct a hearing

24

Attending consultation with advocate or solicitor advocate

PART 2 — APPLICATIONS FOR NEW TRIAL OR TO ENTER JURY VERDICT

1

All work (except appearances) up to issue of timetable—

2

Preparing and lodging reference

3

Considering opponent’s reference

4

Preparing and lodging note of argument

5

Lodging all necessary documents (except appendix) as required by the timetable

6

Preparing or revising appendix, per 50 pages

7

Conducting any hearing, per quarter hour

8

Attending any hearing (where advocate or solicitor advocate is instructed to conduct hearing), per quarter hour

9

Preparing for hearing required to dispose of application (including instruction of advocate or a solicitor advocate to conduct the hearing).

10

Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—

11

Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—

12

Preparing and lodging motion to amend

13

Considering opponent’s motion to amend

14

Preparing and lodging opposition to motion

15

Considering opponent’s opposition to motion

16

All work preparing for a peremptory hearing fixed under rule17.3(1), including initial attendance at court to conduct peremptory hearing

17

Preparing and lodging account of expenses

18

Conducting taxation hearing, per quarter hour

19

Ordering and obtaining an extract

20

Instructing advocate or solicitor advocate to revise pleadings

21

Instructing advocate or solicitor advocate to attend court to conduct a hearing

22

Attending consultation with advocate or solicitor advocate

PART 3 — APPEALS FROM SUMMARY CAUSES , SMALL CLAIMS AND SIMPLE PROCEDURE CASES

1

Preparing for hearing under rule 29.4 (or rule 16.4 of the Simple Procedure Rules) (including instruction of advocate or a solicitor advocate to conduct the hearing)

2

Conducting any hearing, per quarter hour

3

Attending any hearing (where advocate or solicitor advocate is instructed to conduct hearing), per quarter hour

4

Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—

5

Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—

6

All work preparing for a peremptory hearing fixed under rule17.3(1), including initial attendance at court to conduct peremptory hearing

7

Preparing and lodging account of expenses

8

Conducting taxation hearing, per quarter hour

9

Ordering and obtaining an extract or, in simple procedure, a Decision Form

10

Instructing advocate or solicitor advocate to attend court to conduct a hearing

11

Attending consultation with advocate or solicitor advocate

Signed

CJM Sutherland — Lord Justice Clerk — I.P.D. — 17th November 2015

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt regulates the taxation of accounts of expenses between parties in relation to proceedings in the Sheriff Appeal Court.

Paragraph 4 provides that an account of expenses may be prepared either on the basis of the detailed fees set out in Schedule 1, or on the basis of the inclusive fees set out in Schedule 2.

Paragraphs 5 and 6 respectively provide that reasonably incurred outlays and VAT may be included in an account.

Paragraph 7 sets out the procedure to be followed where a solicitor wishes to include a charge for the copying of documents in an account.

Paragraph 8 provides that a charge for travel time is only to be allowed by the auditor on cause shown.

Paragraph 9 regulates the allowance of fees of advocates and solicitor advocates as outlays.

Paragraph 10 sets out the principles to be applied by the auditor in taxing an account.

Paragraph 11 enables the auditor to modify fees where an account has been prepared on the basis of the inclusive fees set out in Schedule 2.

Schedule 1 specifies the charges that may be included in an account if it is prepared on a detailed fee basis.

Schedule 2 specifies the charges that may be included in an account if it is prepared on an inclusive fee basis. The fees in Part 1 apply to appeals under the standard appeal procedure or the accelerated appeal procedure. Special provision is made in Parts 2 and 3 for certain special appeal proceedings: Part 2 applies to applications for a new trial or to enter a jury verdict, and Part 3 applies to appeals from summary causes and small claims.

Footnotes

[^f00001]: 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3).

[^f00002]: 2014 asp 18.

[^f00003]: 1980 c. 46.

[^f00004]: Section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 24, and amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 31, the Constitutional Reform Act 2005 (c. 4), Schedule 9, paragraph 32(3), the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), schedule 5, paragraph 1(5), the Enterprise and Regulatory Reform Act 2013 (c. 24), Schedule 6, paragraph 10, S.I. 1999/1042 and S.S.I. 2000/121.

[^f00005]: S.S.I. 2015/356.

Editorial notes

[^key-27f486899a35cd2476b35c7270beb7bd]: Sch. 2 Pt. 3 in force at 1.1.2016, see para. 1(2)

[^key-36da037b1414bd45977ec0e3d5a19312]: Sch. 2 Pt. 1 in force at 1.1.2016, see para. 1(2)

[^key-d93aa5c8543387337740b7be155f5583]: Sch. 2 Pt. 2 in force at 1.1.2016, see para. 1(2)

[^key-7b53cb040f719c2408261f3d3c0f8b07]: Sch. 1 in force at 1.1.2016, see para. 1(2)

[^key-28eec34334b2dd30ee2a02fa653c89d9]: Para. 1 in force at 1.1.2016, see para. 1(2)

[^key-830c6482f4beb0522c056f90aee4b8c8]: Para. 2 in force at 1.1.2016, see para. 1(2)

[^key-b3f1619ad55655a33e15fe21adb0b649]: Para. 3 in force at 1.1.2016, see para. 1(2)

[^key-68eff0610f62ab97ffc10603c259ff15]: Para. 4 in force at 1.1.2016, see para. 1(2)