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Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1990

As Enacted Cited authorities 6 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1990/473
Year1990

1990 No. 473 (S.58)

LEGAL AID AND ADVICE, SCOTLAND

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1990

Made 6th March 1990

Laid before Parliament 9th March 1990

Coming into force 1st April 1990

The Secretary of State, in exercise of the powers conferred upon him by section 33 of the Legal Aid (Scotland) Act 19861, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 These Regulations may be cited as the Civil Legal Aid...

1.—(1) These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1990 and shall come into force on 1st April 1990.

(2) In these Regulations “the principal Regulations” means the Civil Legal Aid (Scotland) (Fees) Regulations 19892.

S-2 For the Table of Fees set out in Schedule 4 to the principal...

2. For the Table of Fees set out in Schedule 4 to the principal Regulations (Fees of Counsel for Proceedings in the Court of Session) there shall be substituted the Table of Fees set out in the Schedule to these Regulations.

S-3 The amendments to the principal Regulations made in...

3. The amendments to the principal Regulations made in regulation 2 of these Regulations shall apply only to fees for work done on or after 1st April 1990.

S-4 After regulation 10(2) of the principal Regulations there...

4. After regulation 10(2) of the principal Regulations there shall be inserted the following:–

S-3

“3 Where work done by Counsel constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this regulation an amount equal to the amount of value added tax chargeable.”.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

St.

Edinburgh

6th March 1990

SCHEDULE

Regulation 2

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–

£26.50

  • ii where the facts set out in section 1(2)(a) (adultery) or section 1(2)(c) (desertion) of the said Act are relied on and the action is not straightforward

£26.50

  • iii where the facts set out in the said section 1(2)(a) (adultery) or section 1(2)(c) (desertion) are relied on and the action is straightforward

£21.50

  • iv where the facts set out in section 1(2)(d) (2 years' non-cohabitation and consent) or 1(2)(e) (5 years' non-cohabitation) of the said Act are relied on

£21.50

b Where common law interdict and/or any order under the Matrimonial Homes (Family Protection) (Scotland) Act 19814 or any other ancillary order is also sought, the fee shall be within the following range:–

From

£26.50

To

£49.50

2 Minute

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

£19.50

b Any other minute

£15.00

3 By Order Roll appearance

£15.00

All other work

The fees specified in Part IV shall apply.

PART II

CONSISTORIAL ACTIONS OTHER THAN THOSE TO WHICH PART I APPLIES

Summons or other initiating writ

The fees specified in Part I shall apply.

2 Minute for pursuer relating to custody, aliment or access

£22.00

3 Defences or answers

a Defences or answers in purely skeleton form to preserve rights of parties

£12.50

b Answers to minute

£19.50

c The fee for defences or answers to which sub-paragraph (a) or (b) does not apply shall be within the following range:–

From

£21.50

To

£44.50

4 Joint minute regulating custody, aliment or access

Framing or adjusting the minute

£19.00

5 By Order Roll appearance

£15.00

6 All other work

The fees specified in Part IV shall apply.

PART III

PETITIONS

1 Petition (including any revisals thereto)

a Petition for interdict

£56.00

b Other Outer House petitions

£37.50

c Inner House petition: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work.

2 Answers (including any revisals thereto)

a Petition for interdict

£56.00

b Other Outer House petitions

£34.50

c Inner House petitions: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work.

3 All other work

The fees specified in Part IV shall apply.

PART IV

ORDINARY ACTIONS

1 Summons (including any revisals thereto)

a Straightforward cases

£47.00

b Other cases

£61.50

2 Defences (including any revisals thereto)

a Where in purely skeleton form to preserve rights of parties

£12.50

b Otherwise the fee shall be within the following range, having regard to nature of summons:–

From

£47.00

To

£61.50

3 Adjustment of record

a Adjustment fee (each occasion)

£19.50

b Additional adjustment fee, where skeleton defences require to be amplified, where additional parties are introduced, etc.

£47.00

4 Specification of documents

Standard calls only

£19.50

5 Minutes, etc.

a Formal amendments or answers

£18.00

b Amendments or answers other than formal

£31.50

c Revising and signing tender or acceptance

£8.00

d Note of exceptions

£19.50

e Abandonment, sist, restriction, etc.

£9.50

f Issue or counter issue

£9.50

6 Notes

a Note on quantum only

£49.50

b Note advising on tender or extra-judicial offer, where not merely confirming advice at consultation

£56.00

c Note on line of evidence

£56.00

d The fee for other types of note shall be within the following range:–

From

£19.00

To

£56.00

7 Consultations

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

  • i Junior alone

£68.50

  • ii Junior with Senior

£37.50

b Other consultations–

  • i Junior alone

£56.00

  • ii Junior with Senior

£31.50

8 Motions

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

£9.50

b Opposed motions–

Attendance for up to half hour

£19.50

Attendance for each subsequent half hour or part thereof

£15.00

c Motions on By Order Roll (including advice)

£18.00

9 Procedure Roll, proof or jury trial

a Junior alone – per day

£204.00

b Junior with Senior – per day

£155.00

10 Inner House

a Single Bills

  • i unopposed

£15.00

  • ii opposed–

Attendance for each half hour or part thereof

£22.00

b Reclaiming motion

  • i Junior opening or appearing alone – per day

£217.00

  • ii Junior otherwise – per day

£168.00

c Motion for new trial

  • i Junior alone – per day

£217.00

  • ii Junior with Senior – per day

£168.00

11 Attendance at judgement

a Outer House

£18.00

b Inner House

£22.00

CHAPTER II

SENIOR COUNSEL

CONSISTORIAL ACTIONS, PETITIONS AND ORDINARY ACTIONS

1 Revisal of pleading

a Revisal of summons, defences, petition or answers

£81.50

b Adjustment fee (open record) (each occasion)

£31.50

2 Minutes...

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