Act of Sederunt (Rules of the Court of Session 1994 and Fees of Solicitors in the Sheriff Court Amendment) (Courts Reform (Scotland) Act 2014) 2015

JurisdictionScotland
CitationSSI 2015/246

2015No. 246

COURT OF SESSION

SHERIFF COURT

Act of Sederunt (Rules of the Court of Session 1994 and Fees of Solicitors in the Sheriff Court Amendment) (Courts Reform (Scotland) Act 2014) 2015

4thJune2015

8thJune2015

22ndSeptember2015

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013( 1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 105(1) and 106(1) of the Courts Reform (Scotland) Act 2014( 2) and all other powers enabling it to do so.

Citation and commencement, etc.

1.-(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Fees of Solicitors in the Sheriff Court Amendment) (Courts Reform (Scotland) Act 2014) 2015.

(2) It comes into force on 22nd September 2015.

(3) A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session 1994

2.-(1) The Table of Fees in rule 42.16(3) of the Rules of the Court of Session 1994( 3) is amended in accordance with this paragraph.

(2) In paragraph 2(c) (opposed petition) of Part IV (Outer House petitions) of Chapter III( 4), for "6(a) to (c)" substitute "6(a) to (e)".

Amendment of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993

3.-(1) The Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993( 5) is amended in accordance with this paragraph.

(2) In Part II (defended ordinary actions etc.) of Chapter II of the Table of Fees in Schedule 1-

(a) after paragraph 7 (affidavits), insert-

"7A. Valuation of claim in actions proceeding under Chapter 36A

£

(a)

Fee to cover preparation of statement of valuation of claim-

(i)

where counsel or solicitor advocate not employed

234.00

(ii)

where valuation of claim prepared by counsel or solicitor advocate

117.00

(b)

Fee to cover consideration of opponent's valuation of claim

117.00

(c)

Inspection of documents, per quarter hour

39.00"

(b) after paragraph 10 (case management conference - commercial action), insert-

"10A. Procedural Hearing in actions proceeding under Chapter 36A

£

To include preparation for and conduct of Procedural Hearing-

(a)

where Procedural Hearing does not exceed half an hour

273.00

(b)

where Procedural Hearing exceeds half an hour, per additional quarter hour

39.00

10B. Adjustment of issues and counter-issues

£

(a)

All work in connection with and incidental to the lodging of an issue and adjustment and approval of it

156.00

(b)

If one counter-issue, additional fee to pursuer

39.00

(c)

Where more than one counter-issue, an additional fee to pursuer for each additional counter-issue

19.50

(d)

All work in connection with and incidental to the lodging of a counter-issue and adjustment and approval of it

156.00

(e)

Fee to defender or third party for considering issue where no counter-issue lodged

39.00

(f)

Fee to defender or third party for considering each additional counter-issue

19.50"

(c) in paragraph 22 (preparation for proof)-

(i) in subparagraph (a), after "preparing for proof" insert "or jury trial";

(ii) in head (i) of subparagraph (a), after "diet of proof" insert "or jury trial";

(iii) the heading becomes "Preparation for proof or jury trial";

(d) after paragraph 22, insert-

"22A. Pre-trial meeting in actions proceeding under Chapter 36A

£

(a)

Fee arranging pre-trial meeting (each occasion)

78.00

(b)

Fee preparing for pre-trial meeting-

(i)

where counsel or solicitor advocate not employed

429.00

(ii)

where counsel or solicitor advocate employed

214.50

(c)

Fee for attending pre-trial meeting per quarter hour-

(i)

where counsel or solicitor advocate not employed

39.00

(ii)

where counsel or solicitor advocate employed

35.00

(d)

Joint minute of pre-trial meeting

78.00

Note:

where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply."

(e) in paragraph 23 (conduct of proof)-

(i) in paragraph (a) after "proof" both places it occurs, insert "or jury trial";

(ii) the heading becomes "Conduct of proof or jury trial";

(f) in paragraph 24(a) (debate on evidence), after "conclusion of proof" insert "or jury trial".

(3) In Part IIA (defended personal injuries actions etc.) of Chapter II of the Table of Fees in Schedule 1-

(a) in paragraph 3(j) (instruction), for "remittance of cause to Ordinary Roll" substitute "appointment of cause to Chapter 36A";

(b) after paragraph 5 (adjustment), insert-

"5...

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