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Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1991

As Enacted Cited authorities 14 Cited in Amendments 4 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1991/565
Year1991

1991 No. 565 (S.50)

LEGAL AID AND ADVICE, SCOTLAND

The Civil Legal Aid (Scotland)(Fees) Amendment Regulations 1991

Made 8th March 1991

Laid before Parliament 12th March 1991

Coming into Force 1st April 1991

The Secretary of State, in excercise of the powers conferred on 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:

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Civil Legal Aid (Scotland)(Fees)Amendment Regulations 1991 and shall come into force on 1st April 1991.

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

Amendment of principal Regulations

Amendment of principal Regulations

S-2 In regulation 10(3) of the principal Regulations there shall...

2. In regulation 10(3) of the principal Regulations there shall be inserted at the end the word “thereon”

S-3 For the Table of Fees set out in Schedule 1 to the principal...

3. For the Table of Fees set out in Schedule 1 to the principal Regulations (fees of solicitors for proceedings in the Court of Session) there shall be substituted the Table of Fees set out in Schedule 1 to these Regulations.

S-4 In Schedule 2 to the principal Regulations (fees of...

4. In Schedule 2 to the principal Regulations (fees of solicitors for proceedings in the sheriff court)–

(a) for the Table (Actions: percentage reduction) set out in paragraph 2(f) there shall be substituted the Table set out in Schedule 2 to these Regulations; and

(b) for the Table of Fees set out in that Schedule there shall be substituted the Table of Fees set out in Schedule 2 to these Regulations.

S-5 In Schedule 3 to the principal Regulations (table of detailed...

5. In Schedule 3 to the principal Regulations (table of detailed fees chargeable by solicitors for proceedings in the Court of Session and sheriff court)–

(a) in paragraph 2.1 for “1.1” there shall be substituted “1”; and

(b) for the Table of Fees set out in that Schedule there shall be substituted the Table of Fees set out in Schedule 3 to these Regulations.

S-6 For the Table of Fees set out in Schedule 4 to the principal...

6. For the Table of Fees set out in Schedule 4 to the principal Regulations (fees for counsel for proceedings in the sheriff court) there shall be substituted the Table of Fees set out in Schedule 4 to these Regulations.

S-7 The amendments to the principal Regulations contained in...

7. The amendments to the principal Regulations contained in regulations 3, 4(b), 5(b) and 6 of these Regulations shall apply only to fees for work done on or after 1st April 1991.

James Douglas-Hamilton

Parliamentary Under-Secretary of State, Scottish Office

St. Andrew’s House,

St.

Edinburgh

8th March 1991

SCHEDULE 1

Regulation 3

NEW TABLE OF FEES TO BE SUBSTITUTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

“

TABLE OF FEES

PART I— UNDEFENDED ACTIONS

(OTHER THAN CONSISTORIAL ACTIONS)

1.

Inclusive fee to pursuer’s solicitor in all undefended cases where no proof is led, to cover all work from taking instructions up to and including obtaining extract decree

£88.60

PART II – UNDEFENDED CONSISTORIAL ACTIONS

(OTHER THAN ACTIONS TO WHICH PART III APPLIES)

1.

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

£125.90

Note

Precognitions to be charged as in Part V, paragraph 5 of this Schedule

2.

Incidental procedures

Fixing diet, enrolling action, preperation for proof, citing witnesses, etc.

£71.30

3.

Amendment

(a) Where summons amended, where re-service is not ordered, and motion is not starred

£17.95

  • b Where summons amended, where re-service is not ordered and motion is starred

£26.30

  • c Where summons amended and re-service is ordered

£33.30

4.

Commissions to take evidence on interrogatories

  • a Basic fee to cover all work up to and including lodging completed interogatories

£26.30

  • b Additional fee for completed interrogatories, including all copies — per sheet

£5.55

5.

Commissions to take evidence on open commission

  • a Basic fee to solicitor applying for commission but excluding attendance at execution thereof

£29.65

  • b Attendance at execution of commission — per half hour

£15.25

6.

Where applicable the fees set out in paragraphs 6, 7, 10, 14, 16 and 21 of Part V of this Schedule may be charged

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

£88.60

8.

Accounts

Framing and lodging account and attending taxation

£28.30

PART III — UNDEFENDED CONSISTORIAL ACTIONS: AFFIDAVIT PROCEDURE

In any undefended action of divorce or seperation where–

the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 19763are relied upon; and

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 in this paragraph 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 case, the inclusive fee specified in respect of that work in column 3 of that Table.

TABLE A

Column 1

Column 2

Column 3

Work done

Inclusive fee Edinburgh solicitor acting alone

Inclusive fee any other case

1 All work to and including calling of the summons

£183.65

£209.95

2 All work from calling to and including swearing affidavits

£131.25

£157.50

3 All work from swearing affidavits to and including sedining extract decree

£39.40

£59.00

4 All work to and including sending extract decree

£354.30

£426.45

Add session fee to item 4

of 7½%

or 10%

In any undefended action of divorce or seperation where–

the facts set out in section 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five year’s non-cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and

the pursuer seeks to prove these facts by means of affidavits,

the pursuer’s solicitor may in respect of the work specified in column 1 of Table B in this paragraph 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

TABLE B

Column 1

Column 2

Column 3

Work done

Inclusive fee Edinburgh solicitor acting alone

Inclusive fee any other case

1 All work to and including calling of the summons

£150.85

£177.15

2 All work from calling to and including swearing affidavits

£72.20

£91.85

3 All work from swearing affidavits to and including sending extract decree

£39.40

£59.00

4 All work to and including sending extract decree

£262.45

£328.00

Add session fee to item 4

of 7½%

of 10%

If–

the pursuer’s solicitor charges inclusive fee under either paragraph 1 or paragraph 2 of this Part; and

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 that work specified in column 1 of Table C in this paragraph the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE C

Column 1

Column 2

Work done

Inclusive fee

1.

All work to and including calling of the summons

£36.75

2.

All work from calling to and including swearing affidavits

£41.95

3.

All work under items 1 and 2

£78.70

Add session fee to item 3 of 7½% in the case of an Edinburgh solicitor acting alone and 10% in any other case.

PART IV –

OUTER HOUSE PETITIONS

A. Unopposed petitions

1.

Fee for all work, including precognitions and all copyings, up to and obtaining extract decree–

  • a in the case of an Edinburgh solicitor acting alone

£185.60

  • b in any other case

£258.95

Note

Outlays including duplicating charges to be allowed in addition.

B. Opposed petitions

2.

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

£125.90

Note

Outlays including duplicating charges to be allowed in addition.

3.

Where applicable, the fees set out in paragraphs 5, 6, 7, 10, 12, 14, 18, 19, 20 and 21 of Part IV of this Schedule may be charged.

4.

Reports–

  • a For each report by Accountant of Court

£22.20

  • b For any other report as under Part V, paragraph 6 of this Schedule

5.

Obtaining Bond of Caution

£22.20

PART V – DEFENDED ACTIONS

1.

Instruction fee

  • a To cover all work (apart from precognitions) until lodgement of open record

£174.40

  • b Instructing re-service where necessary

£18.65

  • c If counter-claim lodged, additional fee for solicitor for each party

£36.75

2.

Record fee

  • a To cover all work in connection with adjustment and closing or recordincluding subsequent work in connection with By Order Adjustment Roll

£185.60

  • b To cover all work as above, so far as applicable, where action settled or disposed of before record closed

£115.60

  • If consultation held before record closed, additional fees may be allowed as follows:–

    Arranging consultation

£18.65

ii Attendance at consultation – per half hour

£15.25

  • d Additional fee (to include necessary amendments) to the solicitors for the existing pursuer and each existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of

£54.65

  • e Additional fee to the solicitors for existing pursuer and each existing defender, to be allowed for each pursuer, defender, or third party brought in after the record is closed, each of

£81.65

3.

Procedure Roll or Debate Roll

  • a Preparing for discussion and all work incidental thereto including instruction of counsel

£36.75

  • b...

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