LegalizeThe Court of Session etc. Fees Order 2018
Made: 23rd February 2018
Laid before the Scottish Parliament: 27th February 2018
Coming into force in accordance with article 1
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Citation, commencement and effect
1
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Interpretation
2
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Fees payable in the Court of Session etc.
3
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Exemption of certain persons from fees: legal aid
4
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Exemption of certain persons from fees: social security
5
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Exemptions for applicants for certain interdicts and orders
6
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Exemption of certain motions from fees
7
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Calculation of certain fees payable
8
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Revocations
9
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SCHEDULE 1 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly Payable)[^f00019] £ |
|---|---|---|
| PART I – FEES IN THE CENTRAL OFFICE OF THE COURT | ||
| A. SIGNETING | ||
| Signeting of any writ or summons if attendance is necessary outwith normal office hours. | 128 | 125 |
| B. GENERAL DEPARTMENT | ||
| 1. Appeal, application for leave or permission to 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 (to include signeting in normal office hours). | 307 | 300 |
| 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 cause or proceeding, other than a family action. | 307 | 300 |
| 3. Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to include 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, a duplicate thereof). | 170 | 166 |
| 4. Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table). | 128 | 125 |
| 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. | 13 plus messenger at arms fee to serve document | 12 plus messenger at arms fee to serve document |
| 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. | 170 | 166 |
| 7. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed. | 73 | 71 |
| 8. Special case— | ||
| for each party; | 109 | 107 |
| maximum fee payable (per case). | 445 | 435 |
| 9. Application by minute or motion for variation of an order in a family action. | 37 | 36 |
| 10. Answers or opposition to an application under item B9 of this Table. | 37 | 36 |
| 11. Letter of request to a foreign court. | 55 | 54 |
| 12. Citation of each jury, to include outlays incurred in citing and countermanding - payable on receipt of instruments for issue of precept. | 305 | 298 |
| 13. Reclaiming motion - payable by party enrolling motion. | 219 | 214 |
| 14. Closed record – payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined. | 205 | 200 |
| 15. Allowing proof, etc. - payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed. | 60 | 59 |
| 16. Court hearing (in normal hours) before a bench of one or two judges – payable by each party for every 30 minutes or part thereof. Note:This fee does not apply to the first 30 minutes of the hearing of a motion. | 205 | 200[^f00020] |
| 17. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof. Note:This fee does not apply to the first 30 minutes of the hearing on the single bills. | 512 | 500 |
| 18. Court hearing (out of hours) before a bench of one or two judges – payable by each party for every 30 minutes or part thereof. | 246 | 240[^f00021] |
| 19. Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof. | 614 | 600 |
| 20. Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between the parties. | 50% of fee that would have been payable under this Table had the court hearing taken place as planned | 50% of fee that would have been payable under this Table had the court hearing taken place as planned |
| 21. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion. | 102 | 100 |
| C. PETITION DEPARTMENT | ||
| 1. Petition of whatever nature presented to the 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. | 307 | 300 |
| 2. Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours. | 128 | 125 |
| 3. Petition to be admitted as a notary public— | ||
| for each applicant. | 165 | 161 |
| 4. Petition to be admitted as a solicitor— | ||
| for each applicant. | 165 | 161 |
| 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. | 307 | 300 |
| 6. Caveat. | 43 | 48 |
| 7. No fee. | - | |
| 8. Registering official copies of orders of courts in England and Wales or Northern Ireland. | 19 | 18 |
| 9. Reclaiming motion – payable by party enrolling motion. | 219 | 214 |
| 10. Closed record – payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined. | 205 | 200 |
| 11. Allowing proof, etc. – payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed. | 60 | 59 |
| 12. Court hearing (in normal hours) before a bench of one or two judges – payable by each party for every 30 minutes or part thereof. Note:This fee does not apply to the first 30 minutes of the hearing of a motion. | 205 | 200[^f00022] |
| 13. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof. Note:This fee does not apply to the first 30 minutes of the hearing on the single bills. | 512 | 500 |
| 14. Court hearing (out of hours) before a bench of one or two judges – payable by each party for every 30 minutes or part thereof. | 246 | 240[^f00023] |
| 15. Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof. | 614 | 600 |
| 16. Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties. | 50% of fee that would have been payable under this Table had the court hearing taken place as planned | 50% of fee that would have been payable under this Table had the court hearing taken place as planned |
| 17. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion. | 102 | 100 |
| 18. Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986. | 307 | 300 |
| D. COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS | ||
| Appeal – inclusive fee. | 307 | 300 |
| E. ELECTION COURT | ||
| 1. Parliamentary election petition. | 307 | 300 |
| 2. Statement of matters. | 19 | 18 |
| 3. Any other petition, application, answers or objections submitted to the court. | 55 | 54 |
| 4. Certificate of judgment. | 55 | 54 |
| 5. Court hearing (in normal hours) before a bench of one or two judges – payable by each party for every 30 minutes or part thereof. Note: This fee does not apply to the first 30 minutes of the hearing of a motion. | 205 | - |
| 6. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof. Note: This fee does not apply to the first 30 minutes of the hearing on the single bills. | 512 | - |
| 7. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion. | 102 | - |
| F. LANDS VALUATION APPEAL COURT | ||
| 1. Appeal - inclusive fee. | 307 | 300 |
| 2. Answers - inclusive fee. | 219 | 214 |
| G. EXTRACTS DEPARTMENT | ||
| 1. Extract decree following upon a summons, petition or appeal, or after protestation of a note, whether in absence or otherwise. | 60 | 59 |
| 2. Extract of admission as a solicitor. | 55 | 54 |
| 3. Extract of protestation. | 55 | 54 |
| 4. Certificate under the Civil Jurisdiction and Judgments Act 1982. | 55 | 54 |
| 5. Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership including— | 31 | 30 |
| extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table; | ||
| certificate of divorce in decree pronounced prior to 23rd September 1975; | ||
| certified copy interlocutor in decree pronounced prior to 23rd September 1975. | ||
| 6. Extract from the Register of Acts and Decrees – per sheet or part thereof. | 31 | 30 |
| 7. Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise. | 31 | 30 |
| 8. Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970. | 55 | 54 |
| PART II – FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT | ||
| H. OFFICE OF THE ACCOUNTANT OF COURT | ||
| I. In Factories | ||
| 1. Registering case and receiving and delivering up bond of caution. | 23 | 22 |
| 2. Examining factor’s inventory – 0.333% of the value of the estate as disclosed | ||
| minimum fee payable; | 31 | 30 |
| maximum fee payable. | 738 | 721 |
| 3. Auditing each account, based on estate value— | ||
| £0 - £30,000; | 115 | 112 |
| £30,001 - £50,000; | 230 | 225 |
| £50,001 - £250,000; | 575 | 562 |
| £250,001 - £500,000; | 864 | 845 |
| £500,001 and above. | 1,152 | 1,126 |
| 4. Reporting with regard to discharge, special powers, other special matters, surplus estate or scheme of division. | 57 | 56 |
| 5. For certificate under seal. | 18 | 17 |
| II. In Consignations | ||
| 6. Lodging consignation. | 33 | 32 |
| 7. Producing or delivering up consignation, based on consignation value— | ||
| consignation value £0 - £50 and less than 7 years since lodged; | No charge | No charge |
| consignation value over £50 and less than 7 years since lodged; | 33 | 32 |
| consignation value £0 - £70 and over 7 years since lodged; | No charge | No charge |
| consignation value over £70 and over 7 years since lodged. | 54 | 53 |
| PART III – FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION | ||
| I. OFFICE OF THE AUDITOR OF THE COURT OF SESSION | ||
| 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— | ||
| on lodging account for taxation; | 44 | 43 |
| taxing accounts for expenses etc.— | ||
| up to £400; | 21 | 20 |
| for every additional £100 or part thereof. | 5 | 5 |
| Note:fee to be determined by the Auditor of the Court of Session on amount of account as submitted. | ||
| 2. Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid. | 294 | 287 |
| 3. Fee for cancellation of diet of taxation— | ||
| where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of the diet of taxation; | 50% of fee that would be payable under item I1(b) of this Table | 50% of fee that would be payable under item I1(b) of this Table |
| where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation. | 75% of fee that would be payable under item I1(b) of this Table | 75% of fee that would be payable under item I1(b) of this Table |
| PART IV – FEES COMMON TO ALL OFFICES | ||
| J. MISCELLANEOUS | ||
| 1. Certified copy of proceedings for appeal to the Supreme Court. | 219 | 214 |
| 2. Certifying of any other document (plus copying charges if necessary). | 19 | 18 |
| 3. Recording, engrossing, extracting, printing or copying of all documents (exclusive of search fee)— | ||
| by photocopying or otherwise producing a printed or typed copy— | ||
| up to 10 pages; | 7 | 6 |
| each page or part thereof in excess of 10 pages; | 0.50 | 0.50 |
| for a copy of each document in electronic form. | 7 | 6 |
| 4. Any search of records or archives, per 30 minutes or part thereof. | 13 | 12 |
| In addition, correspondence fee where applicable. | 13 | 12 |
| 5. Captions— | ||
| marking caption when ordered; | 13 | 12 |
| warrant for caption when issued. | 13 | 12 |
| 6. Change of party name where more than 10 cases are registered – per case. | 2 | 2 |
SCHEDULE 2 — TABLE OF FEES
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