The Legal Aid (Scotland) (Fees in Civil Proceedings) Amendment Regulations 1988

Made: 5th March 1988

Laid before Parliament: 10th March 1988

Coming into force: 1st April 1988

The Secretary of State, in exercise of the powers conferred on him by sections 14A and 15 of the Legal Aid (Scotland) Act 1967[^f00001]as read with section 45 of, and paragraph 3(1) of Schedule 4 to, the Legal Aid (Scotland) Act 1986[^f00002], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1

• (1) These Regulations may be cited as the Legal Aid (Scotland) (Fees in Civil Proceedings) Amendment Regulations 1988 and shall come into force on 1st April 1988.

• (2) In these Regulations “the principal Regulations” means the Legal Aid (Scotland) (Fees in Civil Proceedings) Regulations 1984[^f00003].

2

For the Table of Fees in Schedule 3 to the principal Regulations there shall be substituted the Table of Fees set out in the Schedule to these Regulations.

3

The amendments to the principal Regulations made by regulation 2 of these Regulations shall apply only to fees in relation to work done on or after 1st April 1988.

SCHEDULE — TABLE OF FEES

CHAPTER I— — JUNIOR COUNSEL

PART I— — UNDEFENDED ACTIONS OF DIVORCE OR SEPARATION-AFFIDAVIT PROCEDURE

1

Summons or other initiating writ

• (a) Subject to sub-paragraph (b) below the fees shall be–

• (i) Where the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976[^f00004] are relied on

2

Minute

• (a) Minute involving arrangements for a child or children and/or financial provision

3

By Order Roll appearance

All other work

4

The fees specified in Part IV shall apply.

PART II— — CONSISTIRIAL ACTIONS OTHER THAN THOSE TO WHICH PART I APPLIES

Summons or other initiating writ

1

The fees specified in Part I shall apply.

2

Minute for pursuer relating to custody, aliment or access

3

Defence or answers

• (a) Defence or answer in purely skeleton form to preserve rights of parties

Joint minute regulating custody, aliment or access

4

Framing or adjusting the minute

PART III— — PETITIONS

1

Petition (including any revisals thereto)

• (a) Petition for interdict

2

Answers (including any revisals thereto)

• (a) Petition for interdict

All other work

3

The fees specified in Part IV shall apply.

PART IV— — ORDINARY ACTIONS

1

Summons (including any revisals thereto)

• (a) Straightforward cases

2

Defences (including any revisals thereto)

• (a) Where in purely skeleton form to preserve rights of parties

3

Adjustments of record

• (a) Adjustment fee (each occasion)

Specification of documents

4

Standard calls only

5

Minutes, etc.

• (a) Formal amendments or answers

6

Notes

• (a) Note on quantum only

7

Consultations

• (a) Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion–

• (i) Junior alone

8

Motions

• (a) Unopposed motions on By Order (Adjustment) Roll, etc.

9

Procedure Roll, proof or jury trial

• (a) Junior alone–per day

10

Inner House

• (a) Single Bills

• (i) Unopposed

11

Attendance at judgement

• (a) Outer House

CHAPTER II— — SENIOR COUNSEL CONSISTORIAL ACTIONS, PETITIONS AND ORDINARY ACTIONS

1

Revisal of pleadings

• (a) Revisal of summons, defences, petition or answers

2

Minutes, etc.—revisal fees

• (a) Amendments (other than formal) or answers

3

Notes

• (a) Note on quantum only

4

Consultations

• (a) Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion

5

Day in court

• (a) Inner House—per day

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 5th March 1988

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid (Scotland) (Fees in Civil Proceedings) Regulations 1984 so as to increase the fees allowable to counsel for legal aid in civil proceedings given under the Legal Aid (Scotland) Act 1967. The increased fees will apply to fees for work done on or after 1st April 1988.

The Legal Aid (Scotland) Act 1967 continues in effect, despite its general repeal by the Legal Aid (Scotland) Act 1986, in respect of legal aid applications which were granted before commencement of the 1986 Act on 1st April 1987. (See paragraph 3(1) of Schedule 4 to the 1986 Act.) It is thus only in respect of work done following upon such applications that these Regulations increase the fees.

The overall increase is around 4½ per cent.

Footnotes

[^f00001]: 1967 c. 43; section 14A was inserted by section 3 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12)

[^f00002]: 1986 c. 47

[^f00003]: S.I. 1984/519; the relevant amending instruments are S.I. 1985/557, 1986/681 and 1987/825

[^f00004]: 1976 c. 39.

[^f00005]: 1981 c. 59.