LegalizeAct of Sederunt (Taxation of Judicial Expenses Rules) 2019
Introduction
| TABLE 1 | TABLE 1 |
|---|---|
| APPEALS UNDER THE STANDARD APPEAL PROCEDURE OR THE ACCELERATED APPEAL PROCEDURE | APPEALS UNDER THE STANDARD APPEAL PROCEDURE OR THE ACCELERATED APPEAL PROCEDURE |
| Units | |
| Initiation of appeal | |
| 1. All work (except appearances) up to appointment of appeal to standard appeal procedure or accelerated appeal procedure— | |
| (a) charge for appellant | 25 |
| (b) charge for respondent | 12.5 |
| Cross appeals | |
| 2. Preparing and lodging— | |
| (a) grounds of appeal | 10 |
| (b) answers to grounds of appeal | 10 |
| 3. Considering opponent’s grounds of appeal or answers to grounds of appeal | 5 |
| Referral of questions about competency of appeal | |
| 4. Preparing and lodging reference | 10 |
| 5. Considering opponent’s reference | 5 |
| 6. Preparing and lodging note of argument | 10 |
| Lodging documents prior to procedural hearing | |
| 7. Lodging all necessary documents (except appendix) as required by the timetable | 10 |
| 8. Preparing or revising appendix, per 50 pages | 6.25 |
| Conduct of and attendance at hearings | |
| 9. Conducting or attending any hearing, per 6 minutes | 1 |
| Note: Paragraph 9 does not apply where any other paragraphs in this Part specifies that it includes initial attendance at court, unless that hearing is continued. | |
| Preparation for appeal hearing | |
| 10. Preparing for appeal hearing where counsel not instructed to conduct the hearing | 20 |
| Motions and minutes | |
| 11. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing— | |
| (a) where opposed | 12.5 |
| (b) where unopposed | 5 |
| 12. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing— | |
| (a) where opposed | 12.5 |
| (b) where unopposed | 5 |
| Amendment of pleadings | |
| 13. Preparing and lodging motion to amend | 10 |
| 14. Considering opponent’s motion to amend | 7.5 |
| 15. Preparing and lodging opposition to motion | 5 |
| 16. Considering opponent’s opposition to motion | 5 |
| Withdrawal of solicitors | |
| 17. All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing | 10 |
| Expenses | |
| 18. Preparing and lodging account of expenses | 15 |
| 19. Attendance at taxation, per 6 minutes | 1 |
| Instruction of counsel | |
| 20. Instructing counsel to attend court to conduct a hearing (to include solicitor’s preparation for the hearing) | 12.5 |
| 21. Arranging and attending consultation with counsel— | |
| (a) where total time engaged does not exceed one hour | 12.5 |
| (b) for each additional 6 minutes | 1 |
| TABLE 2 | TABLE 2 |
| --- | --- |
| APPLICATIONS FOR NEW TRIAL OR TO ENTER JURY VERDICT | APPLICATIONS FOR NEW TRIAL OR TO ENTER JURY VERDICT |
| Units | |
| Initiation of application | |
| 1. All work (except appearances) up to issue of timetable— | |
| (a) charge for applicant | 25 |
| (b) charge for respondent | 12.5 |
| Referral of questions about competency of application | |
| 2. Preparing and lodging reference | 10 |
| 3. Considering opponent’s reference | 5 |
| 4. Preparing and lodging note of argument | 10 |
| Lodging documents prior to procedural hearing | |
| 5. Lodging all necessary documents (except appendix) as required by the timetable | 10 |
| 6. Preparing or revising appendix, per 50 pages | 6.25 |
| Conduct of and attendance at hearings | |
| 7. Conducting or attending any hearing, per 6 minutes | 1 |
| Note: Paragraph 7 does not apply where any other paragraph in this Part specifies that it includes initial attendance at court, unless that hearing is continued. | |
| Preparation for hearing required to dispose of application | |
| 8. Preparing for hearing required to dispose of application where counsel not instructed to conduct the hearing | 20 |
| Motions and minutes | |
| 9. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing— | |
| (a) where opposed | 12.5 |
| (b) where unopposed | 5 |
| 10. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing— | |
| (a) where opposed | 12.5 |
| (b) where unopposed | 5 |
| Amendment of pleadings | |
| 11. Preparing and lodging motion to amend | 10 |
| 12. Considering opponent’s motion to amend | 7.5 |
| 13. Preparing and lodging opposition to motion | 5 |
| 14. Considering opponent’s opposition to motion | 5 |
| Withdrawal of solicitors | |
| 15. All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing | 10 |
| Expenses | |
| 16. Preparing and lodging account of expenses | 15 |
| 17. Attendance at taxation, per 6 minutes | 1 |
| Instruction of counsel | |
| 18. Instructing counsel to attend court to conduct a hearing (to include solicitor’s preparation for the hearing) | 12.5 |
| 19. Arranging and attending consultation with counsel | |
| (a) where total time engaged does not exceed one hour | 12.5 |
| (b) for each additional 6 minutes | 1 |
| TABLE 3 | TABLE 3 |
| --- | --- |
| APPEALS FROM SIMPLE PROCEDURE CASES | APPEALS FROM SIMPLE PROCEDURE CASES |
| Units | |
| Preparation for hearing required to dispose of appeal | |
| 1. Preparing for hearing under rule 29.4 of the Sheriff Appeal Court Rules (or rule16.4 of the Simple Procedure Rules) where counsel not instructed to conduct the hearing | 20 |
| Conduct of and attendance at hearings | |
| 2. Conducting or attending any hearing, per 6 minutes | 1 |
| Note: Paragraph2 does not apply where any other paragraph in this Part specifies that it includes initial attendance at court, unless that hearing is continued. | |
| Motions and minutes | |
| 3. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing— | |
| (a) where opposed | 12.5 |
| (b) where unopposed | 5 |
| 4. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing— | |
| (a) where opposed | 12.5 |
| (b) where unopposed | 5 |
| Withdrawal of solicitors | |
| 5. All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing | 10 |
| Expenses | |
| 6. Preparing and lodging account of expenses | 15 |
| 7. Attendance at taxation, per 6 minutes | 1 |
| Instruction of counsel | |
| 8. Instructing counsel to attend court to conduct a hearing (to include solicitor’s preparation for the hearing) | 12.5 |
| 9. Arranging and attending consultation with advocate or solicitor advocate | |
| (a) where total time engaged does not exceed one hour | 12.5 |
| (b) for each additional 6 minutes | 1 |
SCHEDULE 4 — TABLES OF INCLUSIVE CHARGES FOR WORK UNDERTAKEN BY SOLICITORS IN ORDINARY CAUSES IN THE SHERIFF COURT
| TABLE 1 | TABLE 1 |
|---|---|
| UNDEFENDED ACTIONS | UNDEFENDED ACTIONS |
| PART 1 | PART 1 |
| UNDEFENDED ACTIONS IN WHICH DECREE WAS GRANTED IN ACCORDANCE WITH RULE 7.2 OR 7.3 OF THE ORDINARY CAUSE RULES 1993 | UNDEFENDED ACTIONS IN WHICH DECREE WAS GRANTED IN ACCORDANCE WITH RULE 7.2 OR 7.3 OF THE ORDINARY CAUSE RULES 1993 |
| Units | |
| 1. All work up to and including obtaining extract decree— | |
| (a) where settlement is effected after service of a writ but before the expiry of the period of notice | 15 |
| (b) otherwise | 17.5 |
| Further charge where a court appearance is necessary because of an application for a time to pay direction | 3.75 |
| PART 2 | PART 2 |
| UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSIP, OR OF SEPARATION, IN WHICH THE FACTS SET OUT IN SECTION 1(2)(a) OR (b) OF THE DIVORCE (SCOTLAND) ACT 1976 OR IN SECTION 117(3)(a) OF THE CIVIL PARTNERSHIP ACT 2004 WERE RELIED ON AND IN WHICH EVIDENCE WAS GIVEN BY AFFIDAVIT ALONE | UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSIP, OR OF SEPARATION, IN WHICH THE FACTS SET OUT IN SECTION 1(2)(a) OR (b) OF THE DIVORCE (SCOTLAND) ACT 1976 OR IN SECTION 117(3)(a) OF THE CIVIL PARTNERSHIP ACT 2004 WERE RELIED ON AND IN WHICH EVIDENCE WAS GIVEN BY AFFIDAVIT ALONE |
| Units | |
| All work up to and including obtaining extract decree | 96.25 |
| Further charge where decree granted in respect of a crave relating to an ancillary matter | 25 |
| PART 3 | PART 3 |
| UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSIP, OR OF SEPARATION, IN WHICH THE FACTS SET OUT IN SECTION 1(1)(b), (2)(d) or 2(e) OF THE DIVORCE (SCOTLAND) ACT 1976 OR IN SECTION 117(2)(b), (3)(c) OR 3(d) OF THE CIVIL PARTNERSHIP ACT 2004 WERE RELIED ON AND IN WHICH EVIDENCE WAS GIVEN BY AFFIDAVIT ALONE | UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSIP, OR OF SEPARATION, IN WHICH THE FACTS SET OUT IN SECTION 1(1)(b), (2)(d) or 2(e) OF THE DIVORCE (SCOTLAND) ACT 1976 OR IN SECTION 117(2)(b), (3)(c) OR 3(d) OF THE CIVIL PARTNERSHIP ACT 2004 WERE RELIED ON AND IN WHICH EVIDENCE WAS GIVEN BY AFFIDAVIT ALONE |
| Units | |
| All work up to and including obtaining extract decree | 71.5 |
| Further charge where decree granted in respect of a crave relating to an ancillary matter | 25 |
| PART 4 | PART 4 |
| UNDEFENDED ACTIONS SUBJECT TO SECTION 8(1) OF THE CIVIL EVIDENCE (SCOTLAND) ACT 1988 IN WHICH DECREEE WAS GRANTED FOLLOWING A PAROLE PROOF | UNDEFENDED ACTIONS SUBJECT TO SECTION 8(1) OF THE CIVIL EVIDENCE (SCOTLAND) ACT 1988 IN WHICH DECREEE WAS GRANTED FOLLOWING A PAROLE PROOF |
| Units | |
| All work up to and including obtaining extract decree | 71.5 |
| TABLE 2 | TABLE 2 |
| --- | --- |
| DEFENDED ORDINARY ACTIONS (OTHER THAN THOSE TO WHICH TABLE 3 APPLIES) | DEFENDED ORDINARY ACTIONS (OTHER THAN THOSE TO WHICH TABLE 3 APPLIES) |
| 1. Precognitions, reports and affidavits | 1. Precognitions, reports and affidavits |
| (a) Taking and drawing precognitions, per 250 words | (a) Taking and drawing precognitions, per 250 words |
| (b) Where a skilled person prepares his or her own precognition or report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words | (b) Where a skilled person prepares his or her own precognition or report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words |
| (c) All work in connection with preparation and lodging of affidavits, per 250 words | (c) All work in connection with preparation and lodging of affidavits, per 250 words |
| 2. Work before commencement of proceedings – other than Commercial Actions | 2. Work before commencement of proceedings – other than Commercial Actions |
| All work (except as otherwise specifically provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings | All work (except as otherwise specifically provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings |
| 3. Work before commencement of proceedings – Commercial Actions | 3. Work before commencement of proceedings – Commercial Actions |
| All work (except as otherwise specifically provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings in a commercial action | All work (except as otherwise specifically provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings in a commercial action |
| 4. Instruction | 4. Instruction |
| (a) All work (except as otherwise specifically provided for) from commencement to the lodging of defences | (a) All work (except as otherwise specifically provided for) from commencement to the lodging of defences |
| (b) Instructing re-service by sheriff officers where necessary | (b) Instructing re-service by sheriff officers where necessary |
| (c) Further charge where counterclaim lodged | (c) Further charge where counterclaim lodged |
| 5. Case Management Conference – Commercial Action | 5. Case Management Conference – Commercial Action |
| (a) Preparation for first case management conference | (a) Preparation for first case management conference |
| (b) Preparation for each subsequent conference | (b) Preparation for each subsequent conference |
| (c) Time engaged at conference, per 6 minutes | (c) Time engaged at conference, per 6 minutes |
| (d) Waiting time, per 6 minutes | (d) Waiting time, per 6 minutes |
| Note: | Note: |
| Where case management conference takes place by way of telephone or other remote means the foregoing charges will apply. | Where case management conference takes place by way of telephone or other remote means the foregoing charges will apply. |
| 6. Adjustment | 6. Adjustment |
| (a) All work (except as otherwise specifically provided for) in connection with the adjustment of the record including making up and lodging certified copy record— | (a) All work (except as otherwise specifically provided for) in connection with the adjustment of the record including making up and lodging certified copy record— |
| (i) | where cause settled or disposed of before expiry of adjustment period |
| (ii) | otherwise |
| (b) Further charge to each existing party for each pursuer, defender or third party brought in before the Options Hearing | (b) Further charge to each existing party for each pursuer, defender or third party brought in before the Options Hearing |
| (c) Further charge to each existing party for each pursuer, defender or third party brought in after the Options Hearing | (c) Further charge to each existing party for each pursuer, defender or third party brought in after the Options Hearing |
| 7. Note of arguments – Commercial Actions | 7. Note of arguments – Commercial Actions |
| (a) Lodging and intimating, or considering first Note of Arguments | (a) Lodging and intimating, or considering first Note of Arguments |
| (b) Each Note lodged thereafter | (b) Each Note lodged thereafter |
| 8. Options Hearing or Child Welfare Hearing | 8. Options Hearing or Child Welfare Hearing |
| Preparation for and conduct of each Options Hearing or Child Welfare Hearing, to include noting interlocutor— | Preparation for and conduct of each Options Hearing or Child Welfare Hearing, to include noting interlocutor— |
| (a) where initial hearing does not exceed half an hour | (a) where initial hearing does not exceed half an hour |
| (b) thereafter, per 6 minutes | (b) thereafter, per 6 minutes |
| (c) where hearing continued, for each continued hearing that does not exceed half an hour | (c) where hearing continued, for each continued hearing that does not exceed half an hour |
| (d) thereafter, per 6 minutes | (d) thereafter, per 6 minutes |
| (e) lodging and intimating or considering note of basis of preliminary plea, for each note lodged | (e) lodging and intimating or considering note of basis of preliminary plea, for each note lodged |
| 9. Additional Procedure | 9. Additional Procedure |
| All work subsequent to Options Hearing including preparation for and attendance at procedural hearing— | All work subsequent to Options Hearing including preparation for and attendance at procedural hearing— |
| (a) where initial hearing does not exceed half an hour | (a) where initial hearing does not exceed half an hour |
| (b) thereafter, per 6 minutes | (b) thereafter, per 6 minutes |
| 10. Procedural Hearing in actions proceeding under Chapter 36A | 10. Procedural Hearing in actions proceeding under Chapter 36A |
| Preparation for and conduct of Procedural Hearing— | Preparation for and conduct of Procedural Hearing— |
| (a) where hearing does not exceed half an hour | (a) where hearing does not exceed half an hour |
| (b) thereafter, per 6 minutes | (b) thereafter, per 6 minutes |
| 11. Debate (other than on evidence) | 11. Debate (other than on evidence) |
| (a) Where counsel not employed— | (a) Where counsel not employed— |
| (i) | preparation for, and all work in connection with, any hearing or debate other than on evidence |
| (ii) | conduct of debate, per 6 minutes |
| (b) Where counsel employed, appearance with counsel, per 6 minutes | (b) Where counsel employed, appearance with counsel, per 6 minutes |
| (c) Waiting time, per 6 minutes | (c) Waiting time, per 6 minutes |
| 12. Adjustment of issues and counter issues | 12. Adjustment of issues and counter issues |
| (a) All work in connection with, and incidental to, the lodging, adjustment and approval of an issue | (a) All work in connection with, and incidental to, the lodging, adjustment and approval of an issue |
| (b) Further charge to pursuer for considering— | (b) Further charge to pursuer for considering— |
| (i) | first counter-issue |
| (ii) | each additional counter-issue |
| (c) Charge to defender or third party for— | (c) Charge to defender or third party for— |
| (i) | all work in connection with, and incidental to, the lodging, adjustment and approval of a counter-issue |
| (ii) | considering issue where no counter-issue lodged |
| (iii) | considering each additional counter-issue |
| 13. Incidental Procedure (not chargeable prior to allowance of proof or jury trial) | 13. Incidental Procedure (not chargeable prior to allowance of proof or jury trial) |
| All work in connection with noting diet of proof or jury trial and— | All work in connection with noting diet of proof or jury trial and— |
| (a) preparing note on line of evidence; or | (a) preparing note on line of evidence; or |
| (b) instructing counsel to prepare a note on line of evidence | (b) instructing counsel to prepare a note on line of evidence |
| 14. Amendment of Record | 14. Amendment of Record |
| (a) Charge to proposer— | (a) Charge to proposer— |
| (i) | drawing, intimating and lodging minute of amendment and relative motion |
| (ii) | perusal of answers |
| (iii) | any court appearance necessary, per 6 minutes |
| (b) Charge to opponent— | (b) Charge to opponent— |
| (i) | perusing minute of amendment |
| (ii) | preparation of answers |
| (iii) | any court appearance necessary, per 6 minutes |
| (c) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party | (c) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party |
| 15. Productions | 15. Productions |
| (a) Lodging productions, each inventory | (a) Lodging productions, each inventory |
| (b) Considering opponent’s productions, each inventory | (b) Considering opponent’s productions, each inventory |
| 16. Motions and minutes | 16. Motions and minutes |
| (a) Drawing, intimating and lodging any written motion or minute, including a reponing note, and initial attendance at court (except as otherwise specifically provided for)— | (a) Drawing, intimating and lodging any written motion or minute, including a reponing note, and initial attendance at court (except as otherwise specifically provided for)— |
| (i) | where opposed |
| (ii) | where unopposed (including for each party a joint minute other than under paragraph 26(b)) |
| (b) Considering opponent’s written motion, minute or reponing note, and attendance at court— | (b) Considering opponent’s written motion, minute or reponing note, and attendance at court— |
| (i) | where opposed |
| (ii) | where unopposed |
| 17. Interim Interdict Hearings and other Interim Hearings | 17. Interim Interdict Hearings and other Interim Hearings |
| (a) Preparation for each hearing | (a) Preparation for each hearing |
| (b) Conducting hearing, per 6 minutes | (b) Conducting hearing, per 6 minutes |
| (c) Where counsel employed, appearance with counsel, per 6 minutes | (c) Where counsel employed, appearance with counsel, per 6 minutes |
| (d) Waiting time, per 6 minutes | (d) Waiting time, per 6 minutes |
| 18. Withdrawal of solicitors | 18. Withdrawal of solicitors |
| (a) All work in preparation for any diet fixed under rule 24.2(1) and attendance at first such diet | (a) All work in preparation for any diet fixed under rule 24.2(1) and attendance at first such diet |
| (b) Attendance at each additional diet, per quarter hour | (b) Attendance at each additional diet, per quarter hour |
| 19. Attendance not otherwise provided for | 19. Attendance not otherwise provided for |
| (a) Where hearing does not exceed half an hour | (a) Where hearing does not exceed half an hour |
| (b) Thereafter, per 6 minutes | (b) Thereafter, per 6 minutes |
| 20. Specification of documents or property | 20. Specification of documents or property |
| (a) Drawing, intimating and lodging specification and relative motion— | (a) Drawing, intimating and lodging specification and relative motion— |
| (i) | where motion unopposed |
| (ii) | where motion opposed, further charge for attendance at hearing of motion, per 6 minutes |
| (b) Charge to opponent— | (b) Charge to opponent— |
| (i) | where motion unopposed |
| (ii) | where motion opposed, further charge for attendance at hearing of motion, per 6 minutes |
| (c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparing for commission | (c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparing for commission |
| (d) Charge to opponent | (d) Charge to opponent |
| (e) Attendance at execution of commission, per 6 minutes | (e) Attendance at execution of commission, per 6 minutes |
| (f) If optional procedure adopted, charge per person upon whom order is served | (f) If optional procedure adopted, charge per person upon whom order is served |
| (g) Perusal of documents or inspection of property recovered, per 6 minutes | (g) Perusal of documents or inspection of property recovered, per 6 minutes |
| 21. Commissions to take evidence | 21. Commissions to take evidence |
| (a) On interrogatories— | (a) On interrogatories— |
| (i) | applying for commission to include drawing, intimating and lodging motion, drawing and lodging interrogatories, instructing commissioner and all incidental work (except as otherwise specifically provided for), but excluding attendance at execution of commission |
| (ii) | charge to opponent if cross-interrogatories prepared and lodged |
| (iii) | if no cross-interrogatories lodged |
| (b) Open commissions— | (b) Open commissions— |
| (i) | applying for commission to include all work (except as otherwise specifically provided for) up to lodging report of commission but excluding attendance at execution of commission |
| (ii) | charge to opponent |
| (iii) | attendance at execution of commission, per 6 minutes |
| 22. Reports obtained under order of court | 22. Reports obtained under order of court |
| (a) All work incidental to the report | (a) All work incidental to the report |
| (b) Further charge for perusal of report, per 6 minutes | (b) Further charge for perusal of report, per 6 minutes |
| 23. Preparation for proof or jury trial | 23. Preparation for proof or jury trial |
| (a) All work involved in preparing for proof or jury trial (except as otherwise specifically provided for)— | (a) All work involved in preparing for proof or jury trial (except as otherwise specifically provided for)— |
| (i) | if action settled or abandoned not later than 14 days before the diet of proof or jury trial |
| (ii) | in any other case |
| (b) For each day or part day after the first, including instruction of counsel | (b) For each day or part day after the first, including instruction of counsel |
| (c) Preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, for each additional diet | (c) Preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, for each additional diet |
| 24. Valuation of claim in actions proceeding under Chapter 36A | 24. Valuation of claim in actions proceeding under Chapter 36A |
| (a) Preparation of valuation of claim— | (a) Preparation of valuation of claim— |
| (i) | where counsel not employed |
| (ii) | where valuation of claim prepared by counsel |
| (b) Considering opponent’s valuation of claim | (b) Considering opponent’s valuation of claim |
| 25. Pre-trial meeting in actions proceeding under Chapter 36A | 25. Pre-trial meeting in actions proceeding under Chapter 36A |
| (a) Arranging pre-trial meeting (each occasion) | (a) Arranging pre-trial meeting (each occasion) |
| (b) Preparing for pre-trial meeting— | (b) Preparing for pre-trial meeting— |
| (i) | where counsel not employed |
| (ii) | where counsel employed |
| (c) Attending pre-trial meeting, per 6 minutes | (c) Attending pre-trial meeting, per 6 minutes |
| (d) Joint minute of pre-trial meeting | (d) Joint minute of pre-trial meeting |
| Note: where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply. | Note: where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply. |
| 26. Settlements | 26. Settlements |
| (a) Judicial tender or pursuer’s offer— | (a) Judicial tender or pursuer’s offer— |
| (i) | preparing and lodging, or considering first tender or pursuer’s offer |
| (ii) | preparing and lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings |
| (iii) | considering each further tender or pursuer’s offer |
| (iv) | if tender accepted, further charge to each accepting party to include preparation and lodging of minute of acceptance of tender and attendance at court when decree granted (not including drawing, intimating and lodging any written motion) |
| (v) | if pursuer’s offer accepted, further charge to offering party to include consideration of minute of acceptance and attendance at court when decree granted (not including drawing, intimating and lodging any written motion) |
| (b) Extra-judicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion) | (b) Extra-judicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion) |
| (c) Whether or not charges are payable under (a) or (b) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed | (c) Whether or not charges are payable under (a) or (b) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed |
| 27. Hearing limitation fee | 27. Hearing limitation fee |
| All work (except as otherwise specifically provided for) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute | All work (except as otherwise specifically provided for) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute |
| 28. Proof or jury trial | 28. Proof or jury trial |
| (a) Conduct of proof or jury trial, and debate on evidence if taken at close of proof or jury trial, per 6 minutes | (a) Conduct of proof or jury trial, and debate on evidence if taken at close of proof or jury trial, per 6 minutes |
| (b) If counsel employed, appearing with counsel, per 6 minutes | (b) If counsel employed, appearing with counsel, per 6 minutes |
| (c) Waiting time, per 6 minutes | (c) Waiting time, per 6 minutes |
| 29. Debate on evidence | 29. Debate on evidence |
| (a) Where debate on evidence not taken at conclusion of proof or jury trial, preparing for debate | (a) Where debate on evidence not taken at conclusion of proof or jury trial, preparing for debate |
| (b) Conduct of debate, per 6 minutes | (b) Conduct of debate, per 6 minutes |
| (c) If counsel employed, appearing with counsel, per 6 minutes | (c) If counsel employed, appearing with counsel, per 6 minutes |
| (d) Waiting time, per 6 minutes | (d) Waiting time, per 6 minutes |
| 30. Accounts | 30. Accounts |
| (a) Preparation and lodging of judicial account, to include production of vouchers and adjustment of expenses | (a) Preparation and lodging of judicial account, to include production of vouchers and adjustment of expenses |
| (b) Preparing for taxation, per 6 minutes | (b) Preparing for taxation, per 6 minutes |
| (c) Attendance at taxation, per 6 minutes | (c) Attendance at taxation, per 6 minutes |
| 31. Final procedure | 31. Final procedure |
| All work to the conclusion of proceedings so far as not otherwise provided for— | All work to the conclusion of proceedings so far as not otherwise provided for— |
| (a) if case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial | (a) if case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial |
| (b) in any other case | (b) in any other case |
| 32. Instruction of counsel | 32. Instruction of counsel |
| (a) Instructing counsel to revise pleadings | (a) Instructing counsel to revise pleadings |
| (b) Instructing counsel to attend court | (b) Instructing counsel to attend court |
| (c) Arranging and attending consultation with counsel, including consultation held to consider tender, pursuer’s offer or extra-judicial settlement, or with a view to settlement— | (c) Arranging and attending consultation with counsel, including consultation held to consider tender, pursuer’s offer or extra-judicial settlement, or with a view to settlement— |
| (i) | where total time engaged does not exceed one hour |
| (ii) | for each additional 6 minutes |
| TABLE 3 | TABLE 3 |
| --- | --- |
| DEFENDED PERSONAL INJURIES ACTIONS PROCEEDING UNDER PART AI OF CHAPTER36 OF THE ORDINARY CAUSE RULES 1993 | DEFENDED PERSONAL INJURIES ACTIONS PROCEEDING UNDER PART AI OF CHAPTER36 OF THE ORDINARY CAUSE RULES 1993 |
| 1. Precognitions, reports and affidavits | 1. Precognitions, reports and affidavits |
| (a) Taking and drawing precognitions, per 250 words | (a) Taking and drawing precognitions, per 250 words |
| (b) Where a skilled person prepares his or her own precognition or report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words | (b) Where a skilled person prepares his or her own precognition or report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words |
| (c) All work in connection with preparation and lodging of affidavits, per 250 words | (c) All work in connection with preparation and lodging of affidavits, per 250 words |
| 2. Work before commencement of proceedings | 2. Work before commencement of proceedings |
| (1) Where the Protocol in Appendix 4 of the Ordinary Cause Rules 1993 applied to the claim prior to the commencement of proceedings, the sum of— | (1) Where the Protocol in Appendix 4 of the Ordinary Cause Rules 1993 applied to the claim prior to the commencement of proceedings, the sum of— |
| (a) £574; | (a) £574; |
| (b) 3.5% of the total amount of any damages awarded, or payable under a settlement, up to £25,000; and | (b) 3.5% of the total amount of any damages awarded, or payable under a settlement, up to £25,000; and |
| (c) such further sum, not exceeding 50% of the sum of (a) and (b), as the Auditor considers to be justified in respect of work undertaken prior to the commencement of proceedings that (i) was not required for the purposes of complying with the Protocol, (ii) involved the sharing of information with the opposing party, and (iii) is not included in any other fee in this Part. | (c) such further sum, not exceeding 50% of the sum of (a) and (b), as the Auditor considers to be justified in respect of work undertaken prior to the commencement of proceedings that (i) was not required for the purposes of complying with the Protocol, (ii) involved the sharing of information with the opposing party, and (iii) is not included in any other fee in this Part. |
| (2) In any other case, all work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings. | (2) In any other case, all work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings. |
| Note: Where the Protocol applied and the Auditor is satisfied that the party found entitled to expenses failed to adhere to its terms in material respects, there may be substituted for the fees specified at paragraph 2(1)(a) and (b) such lesser sum as in the opinion of the Auditor is justified. | Note: Where the Protocol applied and the Auditor is satisfied that the party found entitled to expenses failed to adhere to its terms in material respects, there may be substituted for the fees specified at paragraph 2(1)(a) and (b) such lesser sum as in the opinion of the Auditor is justified. |
| 3. Instruction | 3. Instruction |
| (a) All work (except as otherwise specifically provided for) from commencement to the lodging of defences | (a) All work (except as otherwise specifically provided for) from commencement to the lodging of defences |
| (b) Instructing re-service by sheriff officers where necessary | (b) Instructing re-service by sheriff officers where necessary |
| (c) Specification of documents as per Form PI2 | (c) Specification of documents as per Form PI2 |
| (d) Charge to opponent for considering specification of documents | (d) Charge to opponent for considering specification of documents |
| (e) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission | (e) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission |
| (f) Charge to opponent where a commission arranged | (f) Charge to opponent where a commission arranged |
| (g) Attendance at execution of commission, per 6 minutes | (g) Attendance at execution of commission, per 6 minutes |
| (h) If optional procedure adopted, charge per person on whom order is served | (h) If optional procedure adopted, charge per person on whom order is served |
| (i) Perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for, per 6 minutes | (i) Perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for, per 6 minutes |
| (j) Attendance in chambers for appointment of cause to Chapter 36A, per 6minutes | (j) Attendance in chambers for appointment of cause to Chapter 36A, per 6minutes |
| (k) Further charge where separate counterclaim and answers lodged | (k) Further charge where separate counterclaim and answers lodged |
| 4. Adjustment | 4. Adjustment |
| (a) All work (except as otherwise specifically provided for) in connection with adjustment of the record including making up and lodging certified copy record— | (a) All work (except as otherwise specifically provided for) in connection with adjustment of the record including making up and lodging certified copy record— |
| (i) | (i) |
| (ii) | (ii) |
| (b) Further charge to each existing party for each pursuer, defender or third party brought in before the record is lodged under the timetable issued under rule36.G1(1)(b) (to include necessary amendments) | (b) Further charge to each existing party for each pursuer, defender or third party brought in before the record is lodged under the timetable issued under rule36.G1(1)(b) (to include necessary amendments) |
| (c) Further charge to each existing party for each additional pursuer, defender or third party brought in after the record is lodged under the timetable issued under rule36.G1(1)(b) | (c) Further charge to each existing party for each additional pursuer, defender or third party brought in after the record is lodged under the timetable issued under rule36.G1(1)(b) |
| 5. Debate (other than on evidence) | 5. Debate (other than on evidence) |
| (a) Where counsel or solicitor advocate not employed— | (a) Where counsel or solicitor advocate not employed— |
| (i) | (i) |
| (ii) | (ii) |
| (b) Where counsel employed— | (b) Where counsel employed— |
| (i) | (i) |
| (ii) | (ii) |
| (c) Waiting time, per 6 minutes | (c) Waiting time, per 6 minutes |
| (d) Lodging and intimating or considering first note of arguments | (d) Lodging and intimating or considering first note of arguments |
| (e) For each note lodged thereafter | (e) For each note lodged thereafter |
| 6. Adjustment of issues and counter issues | 6. Adjustment of issues and counter issues |
| (a) All work in connection with and incidental to the lodging, adjustment and approval of an issue | (a) All work in connection with and incidental to the lodging, adjustment and approval of an issue |
| (b) Further charge to pursuer for considering— | (b) Further charge to pursuer for considering— |
| (i) | (i) |
| (ii) | (ii) |
| (c) Charge to defender or third party for— | (c) Charge to defender or third party for— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| 7. Incidental Procedure (not chargeable prior to allowance of proof or jury trial) | 7. Incidental Procedure (not chargeable prior to allowance of proof or jury trial) |
| All work in connection with noting diet of proof or jury trial and— | All work in connection with noting diet of proof or jury trial and— |
| (a) preparing note on line of evidence; or | (a) preparing note on line of evidence; or |
| (b) instructing counsel to prepare a note on line of evidence | (b) instructing counsel to prepare a note on line of evidence |
| 8. Amendment of Record | 8. Amendment of Record |
| (a) Charge to proposer | (a) Charge to proposer |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| (b) Charge to opponent— | (b) Charge to opponent— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| (c) Further charge for adjustment of minute of amendment and answers, where applicable, to be allowed to each party | (c) Further charge for adjustment of minute of amendment and answers, where applicable, to be allowed to each party |
| 9. Productions | 9. Productions |
| (a) Lodging productions, each inventory | (a) Lodging productions, each inventory |
| (b) Considering opponent’s productions, each inventory | (b) Considering opponent’s productions, each inventory |
| 10. Motions and minutes | 10. Motions and minutes |
| (a) Drawing, intimating and lodging any written motion or minute, including a reponing note, and relative attendance at court (except as otherwise specifically provided for)— | (a) Drawing, intimating and lodging any written motion or minute, including a reponing note, and relative attendance at court (except as otherwise specifically provided for)— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| (b) Considering opponent’s written motion, minute or reponing note and attendance at court— | (b) Considering opponent’s written motion, minute or reponing note and attendance at court— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| 11. Incidental hearings/variation of timetable order | 11. Incidental hearings/variation of timetable order |
| (a) Preparing for and attendance at hearing not exceeding half an hour | (a) Preparing for and attendance at hearing not exceeding half an hour |
| (b) Thereafter, per 6 minutes | (b) Thereafter, per 6 minutes |
| (c) In event of separate advising/opinion, all work incidental thereto | (c) In event of separate advising/opinion, all work incidental thereto |
| 12. Withdrawal of solicitors | 12. Withdrawal of solicitors |
| (a) All work in preparation for any diet fixed under rule 24.2(1) and attendance at first such diet | (a) All work in preparation for any diet fixed under rule 24.2(1) and attendance at first such diet |
| (b) Attendance at each additional diet, per 6 minutes | (b) Attendance at each additional diet, per 6 minutes |
| 13. Attendance not otherwise provided for | 13. Attendance not otherwise provided for |
| (a) Where hearing does not exceed half an hour | (a) Where hearing does not exceed half an hour |
| (b) Thereafter, per 6 minutes | (b) Thereafter, per 6 minutes |
| 14. Valuation of claim | 14. Valuation of claim |
| (a) Preparation of statement of valuation of claim— | (a) Preparation of statement of valuation of claim— |
| (i) | (i) |
| (ii) | (ii) |
| (b) Considering opponent’s valuation of claim | (b) Considering opponent’s valuation of claim |
| 15. Specification of documents or property (if further specification deemed necessary) | 15. Specification of documents or property (if further specification deemed necessary) |
| (a) Drawing, intimating and lodging specification and relative motion— | (a) Drawing, intimating and lodging specification and relative motion— |
| (i) | (i) |
| (ii) | (ii) |
| (b) Charge to opponent— | (b) Charge to opponent— |
| (i) | (i) |
| (ii) | (ii) |
| (c) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparing for commission | (c) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparing for commission |
| (d) Charge to opponent | (d) Charge to opponent |
| (e) Attendance at execution of commission, per 6 minutes | (e) Attendance at execution of commission, per 6 minutes |
| (f) If optional procedure adopted, charge per person upon whom order is served | (f) If optional procedure adopted, charge per person upon whom order is served |
| (g) Perusal of documents or inspection of property recovered under a specification (or by informal means) where not otherwise provided for in this Table, per 6 minutes | (g) Perusal of documents or inspection of property recovered under a specification (or by informal means) where not otherwise provided for in this Table, per 6 minutes |
| 16. Commission to take evidence | 16. Commission to take evidence |
| (a) On interrogatories— | (a) On interrogatories— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| (b) Open commission— | (b) Open commission— |
| (i) | applying for commission to include all work (except as otherwise specifically provided for) up to lodging report of commission, but excluding attendance at execution of commission |
| (ii) | (ii) |
| (iii) | (iii) |
| 17. Reports obtained under order of court excluding Auditor’s report | 17. Reports obtained under order of court excluding Auditor’s report |
| (a) All work incidental to the report | (a) All work incidental to the report |
| (b) Further charge for perusal of report, per 6 minutes | (b) Further charge for perusal of report, per 6 minutes |
| 18. Preparation for proof or jury trial | 18. Preparation for proof or jury trial |
| (a) All work involved in preparing for proof or jury trial (except as otherwise specifically provided for)— | (a) All work involved in preparing for proof or jury trial (except as otherwise specifically provided for)— |
| (i) | (i) |
| (ii) | (ii) |
| (b) For each day or part day after the first, including instruction of counsel | (b) For each day or part day after the first, including instruction of counsel |
| (c) Preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, each additional diet | (c) Preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, each additional diet |
| 19. Pre-trial meeting | 19. Pre-trial meeting |
| (a) Arranging pre-trial meeting (each occasion) | (a) Arranging pre-trial meeting (each occasion) |
| (b) Preparing for pre-trial meeting | (b) Preparing for pre-trial meeting |
| (i) | (i) |
| (ii) | (ii) |
| (c) Attending pre-trial meeting, per 6 minutes | (c) Attending pre-trial meeting, per 6 minutes |
| Note: | Note: |
| Where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply | Where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply |
| (d) Joint minute of pre-trial meeting | (d) Joint minute of pre-trial meeting |
| 20. Settlements | 20. Settlements |
| (a) Judicial tender or pursuer’s offer— | (a) Judicial tender or pursuer’s offer— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| (iv) | (iv) |
| (v) | (v) |
| TABLE 1 | TABLE 1 |
|---|---|
| (b) Extra-judicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion) | (b) Extra-judicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion) |
| (c) Whether or not charges are payable under (a) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed | (c) Whether or not charges are payable under (a) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed |
| 21. Hearing limitation fee | 21. Hearing limitation fee |
| All work (except as otherwise specifically provided for) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute | All work (except as otherwise specifically provided for) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute |
| 22. Conduct of proof or jury trial | 22. Conduct of proof or jury trial |
| (a) Conduct of proof or jury trial, and debate on evidence if taken at close of proof or jury trial, per 6 minutes | (a) Conduct of proof or jury trial, and debate on evidence if taken at close of proof or jury trial, per 6 minutes |
| (b) If counsel employed, appearing with counsel, per 6 minutes | (b) If counsel employed, appearing with counsel, per 6 minutes |
| (c) Waiting time, per 6 minutes | (c) Waiting time, per 6 minutes |
| 23. Debate on evidence | 23. Debate on evidence |
| (a) Where debate on evidence not taken at conclusion of proof or jury trial, preparing for debate | (a) Where debate on evidence not taken at conclusion of proof or jury trial, preparing for debate |
| (b) Conduct of debate, per 6 minutes | (b) Conduct of debate, per 6 minutes |
| (c) If counsel employed, appearing with counsel, per 6 minutes | (c) If counsel employed, appearing with counsel, per 6 minutes |
| (d) Waiting time, per 6 minutes | (d) Waiting time, per 6 minutes |
| 24. Accounts | 24. Accounts |
| (a) Preparation and lodging of judicial account, to include production of vouchers and adjustment of expenses | (a) Preparation and lodging of judicial account, to include production of vouchers and adjustment of expenses |
| (b) Preparing for taxation, per 6 minutes | (b) Preparing for taxation, per 6 minutes |
| (c) Attendance at taxation, per 6 minutes | (c) Attendance at taxation, per 6 minutes |
| 25. Final procedure | 25. Final procedure |
| All work to the conclusion of proceedings so far as not otherwise provided for— | All work to the conclusion of proceedings so far as not otherwise provided for— |
| (a) if case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial | (a) if case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial |
| (b) in any other case | (b) in any other case |
| 26. Instruction of counsel | 26. Instruction of counsel |
| (a) Instructing counsel to revise pleadings | (a) Instructing counsel to revise pleadings |
| (b) Instructing counsel to attend court | (b) Instructing counsel to attend court |
| (c) Arranging and attending consultation with counsel, including consultation held to consider tender, pursuer’s offer or extra-judicial settlement, or with a view to settlement— | (c) Arranging and attending consultation with counsel, including consultation held to consider tender, pursuer’s offer or extra-judicial settlement, or with a view to settlement— |
| (i) | (i) |
| (ii) | (ii) |
SCHEDULE 5 — TABLES OF INCLUSIVE CHARGES FOR SIMPLE PROCEDURE CASES
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