Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/445 |
| Year | 1989 |
1989No. 445
COURT OF SESSION, SCOTLAND
Act of Sederunt (Rules of the Court of Session
Amendment No.2) (Solicitors' Fees) 1989
Made
9thMarch1989
Coming into force
12thApril1989
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 ( a) 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 ( b) (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.
Edinburgh |
Emslie |
9th March 1989 |
Lord President, I.P.D. |
(a) 1988 c.36.
(b) S.I. 1965/321; relevant amending instrument is S.I. 1988/684.
SCHEDULE
Paragraph 2
CHAPTER I
TABLE OF DETAILED CHARGES
1. (a) Framing precognitions and other papers (but not including affidavits), not drawn by counsel-per sheet………………………£5.00
(b) Framing formal documents such as Inventories, title pages and Accounts of Expenses etc.-per sheet ……£2.00(c) Framing affidavits-per sheet ……………£7.50Notes
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)-
1st copy-per sheet ………………£1.00
Additional copies-per sheet……………£0.35
When copied by photostatic or similar process each page shall be charged as one sheet.
3. Revising papers drawn by counsel, Open and Closed Records, etc.-for each five sheets or part thereof ………£2.00
4. Citation of parties, witnesses, havers, instructions to Messengers-at-Arms-
Each party ……………… .. £5.00
Each witness or haver………………£5.00
Instructing Messenger-at-Arms including examining execution and settling fee ……………£5.00
5. Time Charges-
(a) Attendances at meetings, preparation for proof, trial, debate and, at court, consultation with counsel, etc.-Per quarter hour ……………£10.00
or such other sum as in the opinion of the Auditor is justified.
(b) Perusal of documents-Per quarter hour ……………£10.00
or such other sum as in the opinion of the Auditor is justified.
(c) Allowance for time of clerk - one half of above.(d) Attendance at court offices for performance of formal work ……………£2.00with the exception of lodging all first steps of process, when the fees shall be ………£5.00
Plus for making up and lodging process ……£5.00
Notes
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-
Letters including instructions to counsel (whether sent by hand, post, telex or facsimile transmission) each page of 125 words ……………£5.00
Formal letters …………………£1.00
Telephone calls (except those under next item) ……£2.00
Telephone calls (lengthy), to be charged at attendance rate.
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………£127.00
Note:
Precognitions to be charged as in Part IV paragraph 5.
2. Incidental Procedure-
Fixing diet, enrolling action, preparing for proof, citing witnesses, etc. ………………£72.00
3. Amendment-
(a) where summons amended, where re-service is not ordered, and motion is not starred …… .. £18.00(b) where summons amended, where re-service is not ordered and motion is starred ……… .. £26.50(c) where summons amended and re-service is ordered … . £33.504. Commissions to take evidence on interrogatories-
(a) Basic fee to cover all work up to and including lodging completed interrogatories, but excluding attendance at execution of Commission…… .. £32.50(b) Attendance at execution of Commission (if required)-per quarter hour …………£10.00(c) In addition to above, a fee per sheet for completed interrogatories, including all copies, of………£5.505. Commissions to take evidence on Open Commission-
(a) Basic fee to solicitor applying for Commission but excluding attendance at execution thereof … .. £30.00(b) Attendance at execution of Commission- per quarter hour………………£10.006. Where applicable, charges under Part IV paragraphs 6, 7, 10, 14, l6 and 21.
7. Proof and completion fee -...
To continue reading
Request your trial