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The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021

Type Scottish-Statutory-Instrument
Publication 2021-01-28
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
Source legislation.gov.uk
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Made: 28th January 2021

Laid before the Scottish Parliament: 1st February 2021

Coming into force: 22nd March 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(2), (3)(a), (b), (c) and (f), and (3A), and 36(1), (2)(a), (d) and (e) of the Legal Aid (Scotland) Act 1986[^f00001] and all other powers enabling them to do so.

Citation and Commencement

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These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 and come into force on 22 March 2021.

Application

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(10ZA) (1) This regulation applies only pending leave to appeal being granted by the Appeal Court of the High Court of Justiciary. (2) Counsel who provides criminal legal aid in relation to preparation of the note of appeal, or preparation of the note of appeal and counsel’s opinion on the merits of an appeal for the purposes of proceedings under section 107 of the Criminal Procedure (Scotland) Act 1995— (a) where the circumstances prescribed in paragraph (4) exist, and (b) subject to the conditions prescribed in paragraph (5), is to be paid an additional fee for work carried out in accordance with schedule 2, subject to the modifications to the notes on the operation of schedule 2 specified in paragraph (9). (3) It is for the Board to determine whether the circumstances prescribed in paragraph (4) exist. (4) The circumstances referred to in paragraph (2)(a) are that the amount of fees payable to counsel in accordance with these Regulations (other than under paragraph (2)) would be likely to result in an assisted person being deprived of effective legal assistance. (5) The conditions referred to in paragraph (2)(b) are— (a) that counsel providing the criminal legal aid is to make an application to the Board in such a manner and form (which may include an online form) and containing such information as the Board may specify at as early a stage in the provision of criminal legal aid as is reasonably practicable, (b) that counsel is, if required by the Board to do so, to supply such further information or such documents as the Board may require to enable it to determine that application, and (c) that counsel is to keep proper records of all professional services provided by way of that criminal legal aid, whether before or after the Board determines whether the conditions prescribed in this paragraph are met. (6) Counsel may apply for a review where the Board has determined that the circumstances prescribed in paragraph (4) do not exist. (7) An application for review— (a) must be lodged with the Board within 15 days, beginning on the day notice of the Board’s determination was given to the applicant, (b) must include a statement of any matters which the applicant wishes the Board to take into account in reviewing the application, and (c) may be accompanied by such additional precognitions and other documents as the applicant considers to be relevant to the review. (8) Paragraph (7)(a) does not apply where the Board considers that there is a special reason for it to consider a late application for review. (9) The modifications to the notes on the operation of schedule 2 referred to in paragraph (2) are as follows— (a) paragraph 9 does not apply, (b) paragraph 11A applies as if the words “taking into account that in cases set down for a day or more 2 hours preparation is covered by that fee by virtue of paragraph 9(a)” are omitted.

(ca) where junior counsel being led is unable to appear at a trial diet hearing, and the junior as leader has sought and has been granted leave of the court to continue alone at the trial diet hearing, the fee payable to junior as leader will be those prescribed in the Table of Fees for junior as leader.

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Amendments to the Advice and Assistance (Scotland) Regulations 1996

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Part 1 - Undefended Actions Part 1 - Undefended Actions Part 1 - Undefended Actions Part 1 - Undefended Actions
1. The fee for citation, service or re-service after the first citation— The fee for citation, service or re-service after the first citation—
1. (a) to any destination by post £7.30
1. (b) by advertisement £20.57
2. The fee for attendance at court The fee for attendance at court £20.57
3. The fee for all other work The fee for all other work £57.87
Part 2 - Defended Actions Part 2 - Defended Actions Part 2 - Defended Actions Part 2 - Defended Actions Part 2 - Defended Actions
1. The instruction fee— The instruction fee— The instruction fee—
1. (a) for the pursuer’s solicitor, including taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for the form of response and noting defence for the pursuer’s solicitor, including taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for the form of response and noting defence £87.78
1. (b) for the defender’s solicitor, for all work from taking instructions (including instructions for a counter-claim) up to and including lodging the form of response for the defender’s solicitor, for all work from taking instructions (including instructions for a counter-claim) up to and including lodging the form of response £87.78
2. Where an additional defender or third party enters the cause, an additional fee for each of the original parties’ solicitors for all consequent work Where an additional defender or third party enters the cause, an additional fee for each of the original parties’ solicitors for all consequent work Where an additional defender or third party enters the cause, an additional fee for each of the original parties’ solicitors for all consequent work £43.93
3. The fee for citation, service or re-service, except as provided for in paragraph 19(e), by— The fee for citation, service or re-service, except as provided for in paragraph 19(e), by— The fee for citation, service or re-service, except as provided for in paragraph 19(e), by—
3. (a) post, to a destination— post, to a destination—
3. (a) (i) within the United Kingdom, Isle of Man, Channel Islands or the Republic of Ireland £7.30
3. (a) (ii) other than one specified in paragraph (i) £15.61
3. (b) sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee £7.30
3. (c) advertisement, to include framing and instructing the advertisement advertisement, to include framing and instructing the advertisement £22.84
4. In connection with the first hearing of the cause— In connection with the first hearing of the cause— In connection with the first hearing of the cause—
4. (a) the fee for attendance at court, including noting the outcome of the hearing the fee for attendance at court, including noting the outcome of the hearing £75.90
4. (b) if waiting for and conducting the hearing exceeds an hour and a half, the fee for attendance at court for each subsequent half hour if waiting for and conducting the hearing exceeds an hour and a half, the fee for attendance at court for each subsequent half hour £22.84
5. The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour £22.84
6. The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet £33.83
7. The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet £16.92
8. In connection with reports commissioned by order of Court, the fee for— In connection with reports commissioned by order of Court, the fee for— In connection with reports commissioned by order of Court, the fee for—
8. (a) all incidental work, including instructing the report all incidental work, including instructing the report £22.84
8. (b) each half hour perusing the report each half hour perusing the report £22.84
9. The fee, per inventory, for— The fee, per inventory, for— The fee, per inventory, for—
9. (a) lodging productions lodging productions £33.83
9. (b) perusing the opposition’s productions perusing the opposition’s productions £15.61
10. The fee for framing affidavits, per sheet The fee for framing affidavits, per sheet The fee for framing affidavits, per sheet £16.92
11. Except as provided for by paragraphs 17, 18 and 19 the fee for— Except as provided for by paragraphs 17, 18 and 19 the fee for— Except as provided for by paragraphs 17, 18 and 19 the fee for—
(a) drawing, intimating and lodging any written minute or incidental application including any relative attendance at court, where that minute or application is— drawing, intimating and lodging any written minute or incidental application including any relative attendance at court, where that minute or application is—
(a) (i) opposed £48.17
(a) (ii) unopposed £28.93
(b) considering a written minute or incidental application intimated by the opposition including any relative attendance at court, where that minute or application is— considering a written minute or incidental application intimated by the opposition including any relative attendance at court, where that minute or application is—
(b) (i) opposed £39.62
(b) (ii) unopposed £22.84
12. In connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour In connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour In connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour £22.84
13. In connection with a proof the fee for all work, except as specifically provided for elsewhere in this Chapter, preparatory to— In connection with a proof the fee for all work, except as specifically provided for elsewhere in this Chapter, preparatory to— In connection with a proof the fee for all work, except as specifically provided for elsewhere in this Chapter, preparatory to—
13. (a) the first scheduled proof, if— the first scheduled proof, if—
13. (a) (i) the cause is settled or abandoned 7 or more days before the scheduled proof £79.24
13. (a) (ii) paragraph (i) does not apply £95.13
13. (b) any adjourned proof, if the postponement from the hearing previously scheduled exceeds 6 days and— any adjourned proof, if the postponement from the hearing previously scheduled exceeds 6 days and—
13. (b) (i) the cause is settled or abandoned 7 or more days before the scheduled proof £39.62
13. (b) (ii) paragraph (i) does not apply £47.57
14. The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition £22.84
15. In connection with a proof or a trial and debate on evidence taken at the close of proof, the fee for each half hour— In connection with a proof or a trial and debate on evidence taken at the close of proof, the fee for each half hour— In connection with a proof or a trial and debate on evidence taken at the close of proof, the fee for each half hour—
15. (a) conducting that hearing conducting that hearing £22.84
15. (b) waiting in court for that hearing waiting in court for that hearing £12.14
16. In connection with a debate on evidence not taken at the close of proof, the fee for— In connection with a debate on evidence not taken at the close of proof, the fee for— In connection with a debate on evidence not taken at the close of proof, the fee for—
16. (a) all preparatory work all preparatory work £53.07
16. (b) attendance at court, per half hour attendance at court, per half hour £22.84
17. In connection with a minute of judicial tender— In connection with a minute of judicial tender— In connection with a minute of judicial tender—
17. (a) the fee for consideration of, preparing and lodging the minute the fee for consideration of, preparing and lodging the minute £48.17
17. (b) on acceptance of the tender, the fee for consideration of, preparing and lodging the minute of acceptance and attendance at court when decree is granted in terms of that minute on acceptance of the tender, the fee for consideration of, preparing and lodging the minute of acceptance and attendance at court when decree is granted in terms of that minute £33.83
17. (c) on rejection of the tender, the fee for considering it on rejection of the tender, the fee for considering it £33.83
18. The fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto The fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto The fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto £79.24
19. In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972[^f00025], the fee for— In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972[^f00025], the fee for— In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972[^f00025], the fee for—
19. (a) drawing, intimating and lodging the application and, where relevant, specification and any relative attendance at court, where the application is— drawing, intimating and lodging the application and, where relevant, specification and any relative attendance at court, where the application is—
19. (a) (i) opposed £52.95
19. (a) (ii) unopposed £28.93
19. (b) considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is— considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is—
19. (b) (i) opposed £39.62
19. (b) (ii) unopposed £22.84
19. (c) each subsequent half hour, where attendance at court exceeds half an hour each subsequent half hour, where attendance at court exceeds half an hour £22.84
19. (d) citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour £22.84
19. (e) serving an order on each person, if optional procedure is adopted serving an order on each person, if optional procedure is adopted £15.61
19. (f) each half hour perusing the documents recovered each half hour perusing the documents recovered £22.84
20. In connection with an open commission to take evidence, the fee for— In connection with an open commission to take evidence, the fee for— In connection with an open commission to take evidence, the fee for—
20. (a) all work, excluding attendance at the commission, by the— all work, excluding attendance at the commission, by the—
20. (a) (i) solicitor applying for the commission £53.07
20. (a) (ii) opposing solicitor £22.84
20. (b) each half hour attending the execution of the commission each half hour attending the execution of the commission £22.84
21. At the conclusion of the cause, the fee for— At the conclusion of the cause, the fee for— At the conclusion of the cause, the fee for—
21. (a) settling with witnesses and noting the final decree settling with witnesses and noting the final decree £48.17
21. (b) the successful party to cover drawing the account of expenses, arranging, intimating and attending a diet of taxation and obtaining approval of the auditor’s report and, where necessary, ordering, procuring and examining extract decree or adjusting account with opponent the successful party to cover drawing the account of expenses, arranging, intimating and attending a diet of taxation and obtaining approval of the auditor’s report and, where necessary, ordering, procuring and examining extract decree or adjusting account with opponent £48.17
21. (c) the unsuccessful party to cover considering the opponent’s account of expenses and, where necessary, adjusting the account with opponent or attending a diet of taxation the unsuccessful party to cover considering the opponent’s account of expenses and, where necessary, adjusting the account with opponent or attending a diet of taxation £22.84
1. Petition for decree dative 1. Petition for decree dative
Inclusive fee for taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition £36.46
2. Restriction of Caution 2. Restriction of Caution
Inclusive fee for taking instructions to prepare petition, drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition £36.46
3. Fees for other work shall be chargeable according to schedule 3 3. Fees for other work shall be chargeable according to schedule 3
1. The fee for— The fee for— The fee for— The fee for—
1. (a) any time up to the first half hour spent by a solicitor conducting a proof or hearing any time up to the first half hour spent by a solicitor conducting a proof or hearing £35.86
1. (b) each quarter hour (or part thereof) subsequent to the first half hour each quarter hour (or part thereof) subsequent to the first half hour £17.96
2. The fee for— The fee for— The fee for— The fee for—
2. (a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 7 of this table, provided that any time is additional to the total time charged for under paragraph 1 each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 7 of this table, provided that any time is additional to the total time charged for under paragraph 1 £13.80
2. (b) each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 7 of this table each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 7 of this table £6.88
3. The fee for framing affidavits – per sheet (or part thereof) The fee for framing affidavits – per sheet (or part thereof) The fee for framing affidavits – per sheet (or part thereof) £11.33
4. The fee for— The fee for— The fee for—
4. (a) framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof) framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof)
4. (b) each citation of a party, witness or haver including execution thereof each citation of a party, witness or haver including execution thereof
4. (c) instructing sheriff officers, including examining execution and settling fee instructing sheriff officers, including examining execution and settling fee
4. (d) agency accepting service or any writ agency accepting service or any writ
4. (e) lodging first step of process lodging first step of process
4. (f) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
4. (g) letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below
4. (h) perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter
4. Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above
4. in each of sub-paragraphs (a) to (h). in each of sub-paragraphs (a) to (h). in each of sub-paragraphs (a) to (h). £7.85
5. The fee for— The fee for— The fee for—
5. (a) attendance at court or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged attendance at court or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
5. (b) revising papers drawn by counsel, where ordered or necessary – per 5 sheets (or part thereof) revising papers drawn by counsel, where ordered or necessary – per 5 sheets (or part thereof)
5. (c) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
5. (d) certifying or signing a document certifying or signing a document
5. (e) short telephone calls (of up to 4 minutes duration) short telephone calls (of up to 4 minutes duration)
5. (f) short letters of a formal nature, intimations, and letters confirming telephone calls short letters of a formal nature, intimations, and letters confirming telephone calls
5. in each of sub-paragraphs (a) to (f) in each of sub-paragraphs (a) to (f) in each of sub-paragraphs (a) to (f) £3.14
6. The fee for each quarter of an hour (or part thereof) spent travelling— The fee for each quarter of an hour (or part thereof) spent travelling— The fee for each quarter of an hour (or part thereof) spent travelling— The fee for each quarter of an hour (or part thereof) spent travelling—
6. (a) by a solicitor by a solicitor £6.91
6. (b) by a solicitor’s clerk by a solicitor’s clerk £3.45
7. (a) There is no fee for photocopying— There is no fee for photocopying—
7. (a) (i) where fewer than 20 sheets are copied at any one time
7. (a) (ii) in relation to the first 20 sheets copied at any one time
7. (b) Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is—
7. (b) (i) for each sheet copied for up to 10,000 sheets £0.05
7. (b) (ii) for each sheet copied in addition to the first 10,000 sheets £0.01
1. The fee for— The fee for—
1. (a) any time up to the first half hour spent by a solicitor conducting a proof or hearing £30.51
1. (b) each quarter hour (or part thereof) subsequent to the first half hour £15.26
2. The fee for— The fee for— The fee for—
2. (a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 £11.80
2. (b) each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table £5.84
3. The fee for framing affidavits – per sheet (or part thereof) The fee for framing affidavits – per sheet (or part thereof) £10.01
4. The fee for— The fee for— The fee for—
4. (a) framing and drawing all necessary papers, other than affidavits or papers of a formal character
4. (b) each citation of a party, witness or haver including execution thereof
4. (c) instructing messengers-at-arms and sheriff officers, including examining execution and settling fee
4. (d) agency accepting service of any writ
4. (e) lodging first step of process
4. (f) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
4. (g) letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below
4. (h) perusing any document (other than a letter) consisting of not more than 12 sheets - for the first 2 sheets and each 2 sheets thereafter
4. NOTE: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above NOTE: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above
4. in each of sub-paragraphs (a)-(h) in each of sub-paragraphs (a)-(h) £6.71
5. The fee for— The fee for— The fee for—
5. (a) attendance at court offices for carrying out formal work including making up process and each necessary lodging in (other than first step), uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
5. (b) revising papers drawn by counsel, open and closed records etc. or where revisal ordered - per 5 sheets (or part thereof)
5. (c) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
5. (d) certifying or signing a document
5. (e) short telephone calls (of up to 4 minutes duration)
5. (f) short letters of a formal nature, intimations, and letters confirming telephone calls
5. in each of sub-paragraphs (a) to (f) in each of sub-paragraphs (a) to (f) £2.66
5A. The fee for each quarter hour (or part thereof) spent travelling— The fee for each quarter hour (or part thereof) spent travelling— The fee for each quarter hour (or part thereof) spent travelling—
5A. (a) by a solicitor £5.80
5A. (b) by a solicitor’s clerk £2.93
6. Where a document is copied and it is necessary to take a copy of more than 20 sheets (whether 20 of 1 sheet, 5 of 4 sheets or whatever), for each sheet copied a fee of Where a document is copied and it is necessary to take a copy of more than 20 sheets (whether 20 of 1 sheet, 5 of 4 sheets or whatever), for each sheet copied a fee of £0.08
TABLE OF FEES A TABLE OF FEES A TABLE OF FEES A TABLE OF FEES A TABLE OF FEES A
FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION
PART 1 JUNIOR COUNSEL PART 1 JUNIOR COUNSEL PART 1 JUNIOR COUNSEL PART 1 JUNIOR COUNSEL PART 1 JUNIOR COUNSEL
CHAPTER 1 –FAMILY ACTIONS CHAPTER 1 –FAMILY ACTIONS CHAPTER 1 –FAMILY ACTIONS CHAPTER 1 –FAMILY ACTIONS CHAPTER 1 –FAMILY ACTIONS
1. Summons or other initiating writ Summons or other initiating writ Summons or other initiating writ £324.45
2. Minute Minute Minute
2. (a) minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision £216.30
2. (b) any other minute containing a conclusion or crave any other minute containing a conclusion or crave £162.23
3. Defences or answers Defences or answers Defences or answers
3. (a) Defences or answers in purely skeleton form to preserve the rights of parties Defences or answers in purely skeleton form to preserve the rights of parties £54.08
3. (b) Defences or answers to which sub‑paragraph(a) does not apply Defences or answers to which sub‑paragraph(a) does not apply £297.42
4. Joint minute or minute of agreement regulating aliment, financial provision, orders relating to parental responsibilities or parental rights or any other matter in respect of which orders may be sought Joint minute or minute of agreement regulating aliment, financial provision, orders relating to parental responsibilities or parental rights or any other matter in respect of which orders may be sought Joint minute or minute of agreement regulating aliment, financial provision, orders relating to parental responsibilities or parental rights or any other matter in respect of which orders may be sought
4. (a) straightforward cases straightforward cases £54.08
4. (b) other cases other cases £135.19
4. (c) minute of agreement minute of agreement £216.30
5. Minute for decree Minute for decree Minute for decree £54.08
6. All other work - the fees prescribed in Chapter 6 apply All other work - the fees prescribed in Chapter 6 apply All other work - the fees prescribed in Chapter 6 apply
CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY)
1. Petition Petition Petition
1. (a) petition for interdict petition for interdict
1. (a) (i) straightforward cases £216.30
1. (a) (ii) other cases £324.45
1. (b) other Outer House petitions other Outer House petitions £324.45
1. (c) the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees
2. Answers Answers Answers Answers
2. (a) petition for interdict petition for interdict £162.23
2. (b) other Outer House petitions other Outer House petitions £162.23
2. (c) the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees
3. All other work - the fees prescribed in Chapter 6 apply All other work - the fees prescribed in Chapter 6 apply All other work - the fees prescribed in Chapter 6 apply
CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW
1. Petition for judicial review Petition for judicial review Petition for judicial review £378.53
2. Oral hearing at permission stage or procedural hearing Oral hearing at permission stage or procedural hearing Oral hearing at permission stage or procedural hearing
2. (a) where the hearing does not exceed 30minutes where the hearing does not exceed 30minutes £64.89
2. (b) where the hearing exceeds 30minutes, for each subsequent half hour or part thereof where the hearing exceeds 30minutes, for each subsequent half hour or part thereof £54.08
3. Substantive hearing Substantive hearing Substantive hearing
3. (a) junior alone junior alone £973.35
3. (b) junior with senior junior with senior £702.98
4. Written statement of arguments Written statement of arguments Written statement of arguments £216.30
5. All other work - the fees prescribed in Chapter 6 apply All other work - the fees prescribed in Chapter 6 apply All other work - the fees prescribed in Chapter 6 apply
CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN
1. Petition Petition Petition £351.49
2. Answers Answers Answers £351.49
3. Motion for interim orders Motion for interim orders Motion for interim orders Motion for interim orders
3. (a) where the hearing does not exceed 30minutes where the hearing does not exceed 30minutes £64.89
3. (b) where the hearing exceeds 30minutes, for each subsequent half hour or part thereof where the hearing exceeds 30minutes, for each subsequent half hour or part thereof £54.08
4. First or second hearing (per day) First or second hearing (per day) First or second hearing (per day) First or second hearing (per day)
4. (a) junior alone junior alone £973.35
4. (b) junior with senior junior with senior £702.98
5. Revising any affidavit which requires to be lodged Revising any affidavit which requires to be lodged Revising any affidavit which requires to be lodged £54.08
6. All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply
CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007
1. Petition Petition Petition £324.45
2. Revising any affidavit which requires to be lodged Revising any affidavit which requires to be lodged Revising any affidavit which requires to be lodged £54.08
3. Note for revocation of permanence order or other note in the adoption process Note for revocation of permanence order or other note in the adoption process Note for revocation of permanence order or other note in the adoption process £216.30
4. Hearing to set timetable or determine procedure (per half hour) Hearing to set timetable or determine procedure (per half hour) Hearing to set timetable or determine procedure (per half hour) £54.08
5. All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply
CHAPTER 6 – ORDINARY ACTIONS CHAPTER 6 – ORDINARY ACTIONS CHAPTER 6 – ORDINARY ACTIONS CHAPTER 6 – ORDINARY ACTIONS CHAPTER 6 – ORDINARY ACTIONS
1. Summons Summons Summons £324.45
2. Defences Defences Defences
2. (a) where in purely skeleton form to preserve rights of parties where in purely skeleton form to preserve rights of parties £54.08
2. (b) otherwise otherwise £297.42
3. Adjustment of pleadings Adjustment of pleadings Adjustment of pleadings
3. (a) adjustment of skeleton defences adjustment of skeleton defences £243.34
3. (b) otherwise (each occasion) otherwise (each occasion) £81.12
4. Specification of documents Specification of documents Specification of documents
4. (a) specification with standard calls only specification with standard calls only £54.08
4. (b) other specification of documents other specification of documents £135.19
5. Minutes etc. Minutes etc. Minutes etc.
5. (a) formal amendments or answers formal amendments or answers £81.12
5. (b) amendments or answers other than formal amendments or answers other than formal £162.23
5. (c) drafting, revising and signing tender or acceptance drafting, revising and signing tender or acceptance £54.08
5. (d) note of exceptions note of exceptions £54.08
5. (e) abandonment, sist, restriction, etc. abandonment, sist, restriction, etc. £54.08
5. (f) issue or counter issue issue or counter issue £81.12
6. Notes Notes Notes
6. (a) note on liability and/or quantum note on liability and/or quantum £162.23- £378.53
6. (b) note advising on tender or extra-judicial offer, where not merely confirming advice at consultation note advising on tender or extra-judicial offer, where not merely confirming advice at consultation £135.19
6. (c) note on line of evidence note on line of evidence £216.30-£432.60
6. (d) other types of note other types of note £162.23
7. Consultations Consultations Consultations
7. (a) before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion— before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion—
7. (a) (i) junior alone £270.38-£432.60
7. (a) (ii) junior with senior £216.30-£324.45
7. (b) other consultations— other consultations—
7. (b) (i) junior alone £135.19-£270.38
7. (b) (ii) junior with senior £108.15-£216.30
8. Pre-trial meetings Pre-trial meetings Pre-trial meetings
8. Pre-trial meeting with opponent with a view to settlement of the case (to include preparation of minute of pre-trial meeting and any associated joint minute) Pre-trial meeting with opponent with a view to settlement of the case (to include preparation of minute of pre-trial meeting and any associated joint minute) Pre-trial meeting with opponent with a view to settlement of the case (to include preparation of minute of pre-trial meeting and any associated joint minute)
8. (i) junior alone £486.68
8. (ii) junior with senior £378.53
9. Motions (including By Order hearings) Motions (including By Order hearings) Motions (including By Order hearings)
9. (a) where the hearing does not exceed 30minutes where the hearing does not exceed 30minutes £64.89
9. (b) where the hearing exceeds 30minutes, for each subsequent half hour or part thereof where the hearing exceeds 30minutes, for each subsequent half hour or part thereof £54.08
9A. Any other hearing where no other fee is specified Any other hearing where no other fee is specified Any other hearing where no other fee is specified
9A. (a) where the hearing does not exceed 30minutes where the hearing does not exceed 30minutes £64.89
9A. (b) where the hearing exceeds 30minutes, for each subsequent half hour or part thereof where the hearing exceeds 30minutes, for each subsequent half hour or part thereof £54.08
10. Procedure roll, proof or jury trial (per day) Procedure roll, proof or jury trial (per day) Procedure roll, proof or jury trial (per day)
10. (a) junior alone junior alone £973.35
10. (b) junior with senior junior with senior £702.98
11. Inner House Inner House Inner House
11. (a) Single Bills Single Bills
11. (a) (i) where the hearing does not exceed 30minutes £81.12
11. (a) (ii) where the hearing exceeds 30minutes, for each subsequent half hour or part thereof £54.08
11. (b) reclaiming motion including appeal under section 163, 164 or 165 of the 2011 Act (per day) reclaiming motion including appeal under section 163, 164 or 165 of the 2011 Act (per day)
11. (b) (i) junior opening or appearing alone £1,081.50
11. (b) (ii) junior otherwise £757.05
11. (c) motion for new trial (per day) motion for new trial (per day)
11. (c) (i) junior opening or appearing alone £811.13
11. (c) (ii) junior otherwise £540.75
12. Attendance at judgment Attendance at judgment Attendance at judgment
12. (a) Outer House Outer House £54.08
12. (b) Inner House Inner House £54.08
13. Time engaged in necessary travel Time engaged in necessary travel Time engaged in necessary travel
13. Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken £108.15
14. Accommodation and associated subsistence Accommodation and associated subsistence Accommodation and associated subsistence
14. Payment of necessary accommodation and associated subsistence per day Payment of necessary accommodation and associated subsistence per day Payment of necessary accommodation and associated subsistence per day £108.15

PART 2 — SENIOR COUNSEL

FAMILY ACTIONS, PETITIONS (INCLUDING JUDICIAL REVIEW, ABDUCTION AND ADOPTION) AND ORDINARY ACTIONS

1. Drafting or revisal of pleadings Drafting or revisal of pleadings Drafting or revisal of pleadings
1. (a) drafting of summons, defences, petition or answers £459.64 - £540.75
1. (b) revisal of summons, defences, petition or answers £162.23
1. (c) adjustment fee (open record) (each occasion) £135.19
2. Minutes, etc. – revisal fees Minutes, etc. – revisal fees Minutes, etc. – revisal fees
2. (a) amendments (other than formal) or answers £216.30
2. (b) admissions, tender or acceptance (in appropriate cases) £81.12
2. (c) note of exceptions £108.15
3. Notes Notes Notes
3. (a) note on liability and/or quantum £243.34 - £594.83
3. (b) advice on tender or extra‑judicial offer when not merely confirming advice at consultation £216.30
3. (c) note on line of evidence £324.45 -£648.90
3. (d) other notes £243.34
4. Consultations Consultations Consultations
4. before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion with senior alone or with senior and junior before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion with senior alone or with senior and junior £324.45-£594.83
5. Pre-trial meetings Pre-trial meetings Pre-trial meetings
5. Pre-trial meetings with opponent with a view to settlement of case (to include preparation of minute of pre-trial meeting and any associated joint minute) Pre-trial meetings with opponent with a view to settlement of case (to include preparation of minute of pre-trial meeting and any associated joint minute) £702.98
6. Day in court Day in court Day in court
6. (a) Inner House including appeal under section 163, 164 or 165 of the 2011 Act £1,622.25
6. (b) Outer House £1,460.03
7. Time engaged in necessary travel Time engaged in necessary travel Time engaged in necessary travel
7. Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken £108.15
8. Accommodation and associated subsistence Accommodation and associated subsistence Accommodation and associated subsistence
8. Payment of necessary accommodation and associated subsistence per day Payment of necessary accommodation and associated subsistence per day £108.15
TABLE OF FEES B Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland TABLE OF FEES B Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland TABLE OF FEES B Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland TABLE OF FEES B Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland
--- --- --- ---
PART 1 JUNIOR COUNSEL PART 1 JUNIOR COUNSEL PART 1 JUNIOR COUNSEL PART 1 JUNIOR COUNSEL
1. Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland) Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland) Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland)
2. Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland) Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland) Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland)
3. Adjustment of pleadings Adjustment of pleadings Adjustment of pleadings
3. Adjustment fee (each occasion) Adjustment fee (each occasion) Adjustment fee (each occasion)
4. Specification of documents Specification of documents Specification of documents
4. (a) straightforward cases straightforward cases
4. (b) other cases other cases
5. Minutes, etc. Minutes, etc. Minutes, etc.
5. (a) formal amendments or answers formal amendments or answers
5. (b) amendments or answers other than formal amendments or answers other than formal
5. (c) drafting, revising and signing tender or acceptance drafting, revising and signing tender or acceptance
5. (d) note of exceptions note of exceptions
5. (e) abandonment, sist, restriction, etc. abandonment, sist, restriction, etc.
6. Notes Notes Notes
6. (a) note on liability and/or quantum note on liability and/or quantum
6. (b) note advising on tender or extra-judicial offer, where not merely confirming advice at consultation note advising on tender or extra-judicial offer, where not merely confirming advice at consultation
6. (c) note on line of evidence note on line of evidence
6. (d) other notes other notes
7. Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007[^f00026] Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007[^f00026] Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007[^f00026]
7. (a) petition petition
7. (b) minute for revocation of permanence order or other minute in the adoption process minute for revocation of permanence order or other minute in the adoption process
7. (c) revising each affidavit revising each affidavit
7. (d) hearing to set timetable or determine procedure hearing to set timetable or determine procedure
8. Applications under section 85(1) of the Children (Scotland) Act 1995[^f00027] or under section 110 of the 2011 Act Applications under section 85(1) of the Children (Scotland) Act 1995[^f00027] or under section 110 of the 2011 Act Applications under section 85(1) of the Children (Scotland) Act 1995[^f00027] or under section 110 of the 2011 Act
8. Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral
8. Written application under section 110 of the 2011 Act for review of grounds of determination Written application under section 110 of the 2011 Act for review of grounds of determination Written application under section 110 of the 2011 Act for review of grounds of determination
9. Motions Motions Motions
9. Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof
10. Time engaged in necessary travel Time engaged in necessary travel Time engaged in necessary travel
10. Supplementary fee chargeable where necessary travel undertaken Supplementary fee chargeable where necessary travel undertaken Supplementary fee chargeable where necessary travel undertaken
11. Accommodation and associated subsistence Accommodation and associated subsistence Accommodation and associated subsistence
11. Payment of necessary accommodation and associated subsistence per day Payment of necessary accommodation and associated subsistence per day Payment of necessary accommodation and associated subsistence per day
11. Junior with senior
12. Consultations (including joint consultations with opponent with a view to negotiating settlement) Consultations (including joint consultations with opponent with a view to negotiating settlement)
12. Before proof, or otherwise involving a significant degree of preparation or lengthy discussion Before proof, or otherwise involving a significant degree of preparation or lengthy discussion £194.67 -£292.01
13. Child welfare hearing Child welfare hearing
13. Attendance up to half hour, and for each subsequent half hour or part thereof Attendance up to half hour, and for each subsequent half hour or part thereof £43.26
14. Hearings under Part2 of Chapter 3 of the Children (Scotland) Act1995 Hearings under Part2 of Chapter 3 of the Children (Scotland) Act1995
14. (a) under section55 to defend an application for a child assessment order £43.26
14. (b) under section60(7) for an application to set aside or vary a child protection order £43.26
14. (c) under section67 to defend a warrant for further detention of a child £43.26
14A. Applications to the sheriff under the 2011 Act Applications to the sheriff under the 2011 Act
14A. (a) under section 48 to vary or terminate a child protection order £43.26
14A. (b) under section 98 to extend or vary an interim compulsory supervision order £43.26
14A. (c) under section 99 to further extend or vary an interim compulsory supervision order £43.26
14A. (d) under section 166 to review a decision or determination to impose a duty on a local authority £43.26
15. Proof, debate (or like hearing) or appeal under section51(1) of the Children (Scotland) Act1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) Proof, debate (or like hearing) or appeal under section51(1) of the Children (Scotland) Act1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day)
15. (a) up to 20 days £675.94
15. (b) subsequent days £608.35
16. Appeal to the Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) Appeal to the Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) £702.98
17. Any other hearing where no other fee is specified Any other hearing where no other fee is specified Any other hearing where no other fee is specified
17. Attendance for up to half hour, and for each subsequent half hour or part thereof Attendance for up to half hour, and for each subsequent half hour or part thereof Attendance for up to half hour, and for each subsequent half hour or part thereof
PART 2 SENIOR COUNSEL PART 2 SENIOR COUNSEL PART 2 SENIOR COUNSEL PART 2 SENIOR COUNSEL
--- --- --- ---
1. Revisal of pleadings Revisal of pleadings
1. (a) revisal of initial writ, defences, petition or answers £146.01
1. (b) adjustment fee (open record) (each occasion) £121.68
2. Other revisal fees Other revisal fees
2. (a) amendments (other than formal) or answers £194.67
2. (b) admissions, tender or acceptance (in appropriate cases) £73.01
3. Notes Notes
3. (a) note on liability and/or quantum £219.01 -£540.75
3. (b) advice on tender or extra-judicial offer where not merely confirming advice at consultation £292.01
3. (c) note on line of evidence £292.01 -£584.01
3. (d) other notes £219.01
4. Consultations (including joint consultations with opponent with a view to negotiating settlement) Consultations (including joint consultations with opponent with a view to negotiating settlement)
4. Before proof, or otherwise involving a significant degree of preparation or lengthy discussion Before proof, or otherwise involving a significant degree of preparation or lengthy discussion £292.01 -£540.75
4A. Applications to the sheriff under the 2011 Act Applications to the sheriff under the 2011 Act
4A. (a) under section 48 to vary or terminate a child protection order £89.23
4A. (b) under section 98 to extend or vary an interim compulsory supervision order £89.23
4A. (c) under section 99 to further extend or vary an interim compulsory supervision order £89.23
4A. (d) under section 166 to review a decision or determination to impose a duty on a local authority £89.23
5. Proof, debate (or like hearing) or appeal under section51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) Proof, debate (or like hearing) or appeal under section51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day)
5. (a) up to 20 days £1,314.03
5. (b) subsequent days £1,182.63
6. Appeal to Sheriff Appeal Courtincluding appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) Appeal to Sheriff Appeal Courtincluding appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) £1,405.95
7. Time engaged in necessary travel Time engaged in necessary travel
7. Supplementary fee chargeable in addition to any of the above fees where necessary travel undertaken Supplementary fee chargeable in addition to any of the above fees where necessary travel undertaken £108.15
8. Accommodation and associated subsistence Accommodation and associated subsistence
8. Payment of necessary accommodation and associated subsistence per day Payment of necessary accommodation and associated subsistence per day £108.15
1. The fee for— The fee for— The fee for—
1. (a) any time up to the first half hour spent by a solicitor conducting a proof or hearing any time up to the first half hour spent by a solicitor conducting a proof or hearing £40.65
1. (b) each quarter hour (or part thereof) subsequent to the first half hour each quarter hour (or part thereof) subsequent to the first half hour £20.33
2. The fee for— The fee for— The fee for—
2. (a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 £15.72
2. (b) each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table £7.77
3. The fee for— The fee for— The fee for—
3. framing affidavits – per sheet (or part thereof) framing affidavits – per sheet (or part thereof) framing affidavits – per sheet (or part thereof) £13.32
4. The fee for— The fee for— The fee for—
4. (a) framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof) framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof)
4. (b) each citation of a party, witness or haver including execution thereof each citation of a party, witness or haver including execution thereof
4. (c) instructing messengers-at-arms and sheriff officers, including examining execution and settling fee instructing messengers-at-arms and sheriff officers, including examining execution and settling fee
4. (d) agency accepting service or any writ agency accepting service or any writ
4. (e) lodging first step of process lodging first step of process
4. (f) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration)
4. (g) letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below
4. (h) perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter— perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter—
4. Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above
4. in each of sub-paragraphs (a) to (h) in each of sub-paragraphs (a) to (h) in each of sub-paragraphs (a) to (h) £8.97
5. The fee for— The fee for— The fee for—
5. (a) attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged
5. (b) Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof) Revising papers drawn by counsel, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof)
5. (c) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof)
5. (d) certifying or signing a document certifying or signing a document
5. (e) short telephone calls (of up to 4 minutes duration) short telephone calls (of up to 4 minutes duration)
5. (f) short letters of a formal nature, intimations, and letters confirming telephone calls short letters of a formal nature, intimations, and letters confirming telephone calls
5. in each of sub-paragraphs (a) to (f) in each of sub-paragraphs (a) to (f) in each of sub-paragraphs (a) to (f) £3.53
5A. The fee for each quarter of an hour (or part thereof) spent travelling— The fee for each quarter of an hour (or part thereof) spent travelling— The fee for each quarter of an hour (or part thereof) spent travelling—
5A. (a) by a solicitor by a solicitor £7.87
5A. (b) by a solicitor’s clerk by a solicitor’s clerk £3.89
6. (a) There is no fee for photocopying— There is no fee for photocopying—
6. (a) (i) where fewer than 20 sheets are copied at any one time
6. (a) (ii) in relation to the first 20 sheets copied at any one time
6. (b) Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is—
6. (b) (i) for each sheet copied for up to 10,000 sheets £0.05
6. (b) (ii) for each sheet copied in addition to the first 10,000 sheets £0.01

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