Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 1989

Made: 9th March 1989

Coming into force: 12th April 1989

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act l988[^f00001] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 1989 and shall come into force on l2th April 1989.

• (2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Solicitors' fees

2

In rule 347 of the Rules of the Court of Session[^f00002] (fees of solicitors) in Chapters I and III, there is substituted the table of fees set out under those Chapters in the Schedule to this Act of Sederunt, and the fees so substituted shall apply to work, in respect of which those fees are chargeable, done on or after the date on which this Act of Sederunt comes into force.

SCHEDULE — CHAPTER I

1

• (a) Framing precognitions and other papers (but not including affidavits), not drawn by counsel—per sheet

Notes

1

The sheet throughout this Table shall consist of 250 words or numbers.

2

Each solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself.

3

As between party and party charges for the precognitions and attendances of Witnesses present at a proof or trial but not examined nor held as concurring with a witness who has been examined may be allowed provided a motion to this effect is made at the close of the proof or trial and the court grants the same and the witnesses' names are noted.

4

Where a skilled witness prepares his own precognition or report the solicitor shall be allowed half drawing fees for revising and adjusting it.

5

Where the business can properly be performed by a local solicitor the Auditor in taxing an account shall allow such expenses as would have been incurred if it had been done by the nearest local solicitor, including reasonable fees for instructing and corresponding with him, unless the Auditor is satisfied that it was in the interests of the client that the solicitor in charge of the case should attend personally.

6

As between party and party, no allowance shall be made for plans or photographs lodged in process or prepared for use of counsel except such as are either ordered or subsequently sanctioned by the court prepared by mutual arrangement of parties, or lodged and proved at the trial or proof.

2

Copying papers by any means (including facsimile transmission)—

3

Revising papers drawn by counsel, Open and Closed Records, etc.—for each five sheets or part thereof

4

Citation of parties, witnesses, havers, instructions to Messengers-at-Arms—

5

Time Charges—

1

Time necessarily occupied in traveling to be regarded as if occupied on business. Reasonable travelling and maintenance expenses to be allowed in addition.

2

In the event of a party in a trial or proof being represented by one counsel only, allowance may be made to the solicitor should the case warrant it for the attendance of a clerk at one-half the rate chargeable for the solicitor’s attendance.

6

Correspondence—

CHAPTER III

PART 1— — UNDEFENDED ACTIONS

(OTHER THAN CONSISTORIAL ACTIONS)

In all undefended cases where no proof is led, the pursuer’s solicitor may in his option elect to charge an inclusive fee to cover all work from taking instructions up to and including obtaining extract decree. The option shall be exercised by pursuer’s solicitor endorsing a minute to the above effect on the principal summons or petition before decree is taken.

Fee to pursuer’s solicitor for all work up to and obtaining extract decree	£90.00
Outlays to an amount not exceeding $100 shall also be allowed.

PART II— — UNDEFENDED CONSISTORIAL ACTIONS

1

Fee for all work (other than precognitions) up to and including the calling of summons in court

Note:

Precognitions to be charged as in Part IV paragraph 5.

2

Incidental Procedure—

3

Amendment—

4

Commissions to take evidence on interrogatories—

5

Commissions to take evidence on Open Commission—

6

Where applicable, charges under Part IV paragraphs 6, 7, 10, 14, l6 and 21.

7

Proof and completion fee — excluding Accounts of Expenses but including instructing counsel for proof, attendance at proof, settling with witnesses, borrowing and returning productions, procuring interlocutor, and obtaining Extract Decree of Divorce

8

Accounts—

PART IIA— — UNDEFENDED CONSISTORIAL ACTIONS: AFFIDAVIT PROCEDURE

1

In any undefended action of divorce or separation where—

• (a) the facts set out in section 1(2)(a) (adultery) or 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 (“the 1976 Act”) are relied upon; and

• (b) there are no conclusions relating to any ancillary matters; and

• (c) the pursuer seeks to prove those facts by means of affidavits,

the pursuer’s solicitor may in respect of the work specified in column 1 of Table A charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and in any other case, the inclusive fee specified in respect of that work in column 3 of that Table.

Column 1	Column 2	Column 3>
Work done	Inclusive fee Edinburgh solicitors only	Inclusive fee Edinburgh solicitors and solicitors outside Edinburgh
1. All work to and including calling of the summons	£182.50	£208.50
2. All work from calling to and ncluding swearing affidavits	£130.00	£156.50
3. All work from swearing affidavits to and including sending extract decree	£ 40.00	£ 58.50
4. All work to and including sending extract decree	£352.50	£423.50
Add session fee	of 7½%	of 10 %

2

In any undefended action of divorce or separation where—

• (a) the facts set out in section 1(2)(c) (desertion), 1(2)(d) (2 years non-cohabitation and consent) and 1(2)(e) (5 years non-cohabitation) of the 1976 Act are relied on; and

• (b) there are no conclusions relating to any ancillary matters; and

• (c) the pursuer seeks to prove those facts by means of affidavits,

the pursuer’s solicitor may in respect of the work specified in column 1 of Table B charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and in any other case, the inclusive fee specified in respect of that work in column 3 of that Table.

Column 1	Column 2	Column 3
Work done	Inclusive fee Edinburgh solicitors only	Inclusive fee Edinburgh solicitors and solicitors outside Edinburgh
1. All work to and including calling of the summons	£150.00	£175.50
2. All work from calling to and including swearing affidavits	£ 72.00	£ 92.00
3. All work from swearing affidavits to and including sending extract decree	£ 40.00	£ 58.50
4. All work to and including sending extract decree	£262.00	£326.00
Add session fee	of 7½%	of 10 %

3

If—

• (a) the pursuer’s solicitor charges an inclusive fee under either paragraph 1 or paragraph 2 of this Part, and

• (b) the action to which the charge relates includes a conclusion relating to an ancillary matter,

in addition to that fee, he may charge in respect of the work specified in column 1 of Table C the inclusive fee specified in respect of that work in column 2 of that Table, being the same additional inclusive fee whether he is an Edinburgh solicitor acting alone or on the instructions of a solicitor outside Edinburgh.

Column 1	Column 2
Work done	Inclusive fee
1. All work to and including calling of the summons	£36.50
2. All work from calling to and including swearing affidavits	£42.00
3. All work under items 1 and 2	£78.50

4

The Lord Ordinary shall, on pronouncing an interlocutor granting decree of divorce or separation in any action to which paragraph 1 or 2 apply, include in that interlocutor, where appropriate, a finding in respect of expenses.

5

On pronouncing an interlocutor under paragraph 4 making a finding in respect of expenses, the Lord Ordinary shall pronounce a further interlocutor decerning for payment of those expenses as taxed by the person found liable to pay them.

PART III— — OUTER HOUSE PETITIONS

1

Fee for all work, including precognitions and all copyings, up to and obtaining Extract Decree—

2

Fee for all work (other than precognitions) up to and including lodging Petition, obtaining and executing warrant for service

3

Where applicable, charges under Part IV paragraphs 2,3 and 5 to 21 of this Table.

4

Reports in opposed petitions—

5

Obtaining Bond of Caution

PART IV— — DEFENDED ACTIONS

1

Instruction Fee—

2

Record Fee—

3

Procedure Roll or Debate Roll—

4

Adjustment of Issues and Counter-Issues—

5

Precognitions—

Notes

1

In addition each solicitor shall be entitled to charge for copies of the precognition for the use of counsel and himself.

2

Charges for the precognitions and attendances of witnesses present at a proof or trial but not examined nor held as concurring with a witness who has been examined may be allowed, provided a motion to this effect is made at the close of the proof or trial and the court grants the same and the witnesses' names are noted.

3

Where a skilled witness prepares his own precognition or report the solicitor shall be allowed, for revising and adjusting it, half of the taking and drawing fee per sheet.

6

Reports obtained under order of court excluding Auditor’s report—

7

Specification of Documents—

8

Commission to take evidence—

9

Commission to take evidence—

10

Miscellaneous motions where not otherwise covered by this Table—

11

Incidental procedure (not chargeable prior to approval of issue or allowance of proof)—

12

Amendment of Record—

13

Preparation for trial or proof to include fixing consultation on the sufficiency of evidence and attendance thereat, fee-funding precept, citing witnesses, all work checking and writing up process, and preparing for trial or proof—

14

Copyings—

15

Settlement by Tender—Fees for either party—

16

Extrajudicial settlement—

17

Proof or trial—

18

Accounts—to include framing and lodging account, and attending taxation, uplifting account and noting taxations

19

Ordering and obtaining extract

20

Final procedure—

21

Session fee—to cover communications with client and counsel—

Note

To be charged only on that part of the account charged under Chapter III.

PART V— — INNER HOUSE BUSINESS

1

Reclaiming Motions—

2

Appeals from inferior courts—

3

Summary or Short Roll—

4

Where applicable, charges under Part IV of this Chapter.

5

Special Cases and Inner House petitions, according to circumstances of the case.

6

Obtaining Bond of Caution

Signed

Emslie — Lord President, IPD — 9th March 1989

Explanatory note

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

This Act of Sederunt substitutes new Chapters I and III of the Table in rule 347 of the Rules of the Court of Session (fees of solicitors) with minor amendments and increases most of the fees in these Chapters by about 8 per cent.

Footnotes

[^f00001]: 1988 c. 36

[^f00002]: S.I. 1965/321; relevant amending instrument is S.I. 1988/684