SCHEDULE 1
Regulation 2
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 |
£93.05 |
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 |
£132.20 |
Note: |
Precognitions to be charged as in Part V, paragraph 5 of this Schedule |
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2. |
Incidental procedures Fixing diet, enrolling action, preparation for proof, citing witnesses, etc. |
£74.85 |
3. |
Amendment Where summons amended, where re-service is not ordered, and motion is not starred |
£18.85 |
|
£27.60 |
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£34.95 |
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4. Commissions to take evidence on interrogatories Basic fee to cover all work up to and including lodging completed interrogatories |
£27.60 |
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|
£5.85 |
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5. |
Commissions to take evidence on open commission Basic fee to solicitor applying for commission but excluding attendance at execution thereof |
£31.15 |
|
£16.00 |
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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 |
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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 |
£93.05 |
8. |
Accounts Framing and lodging account and attending taxation |
£29.70 |
PART III—
UNDEFENDED CONSISTORIAL ACTIONS: AFFIDAVIT PROCEDURE
In any undefended action of divorce or separation 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 other 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 |
£192.85 |
£220.45 |
2 All work from calling to and including swearing affidavits |
£137.80 |
£165.40 |
3 All work from swearing affidavits to and including sending extract decree |
£41.35 |
£61.95 |
4 All work to and including sending extract decree |
£372.00 |
£447.80 |
Add session fee to item 4 |
of 7½% |
of 10% |
In any undefended action of divorce or separation where—
the facts set out in section 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' noncohabitation and consent) or 1(2)(e) (five years' 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 |
£158.40 |
£186.00 |
2 All work from calling to and including swearing affidavits |
£75.80 |
£96.45 |
3 All work from swearing affidavits to and including sending extract decree |
£41.35 |
£61.95 |
4 All work to and including sending extract decree |
£275.55 |
£344.40 |
Add session fee to item 4 |
of 7½% |
of 10% |
If—
the pursuer’s solicitor charges an 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 the 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 |
£38.60 |
2 All work from calling to and including swearing affidavits |
£44.05 |
3 All work under items 1 and 2 |
£82.65 |
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 |
£194.90 |
|
£271.90 |
|
Note: |
Outlays including duplicating charges to be allowed in addition. |
B.
Opposed petitions
2. |
Fee for all work (other than precognitions) up to and including lodging petition, obtaining and executing warrant for service |
£132.20 |
Note: |
Outlays including duplicating charges to be allowed in addition. |
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3. |
Where applicable, the fees set out in paragraphs 5, 6, 7, 10, 12, 14, 18, 19, 20 and 21 of Part V of this Schedule may be charged. |
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4. |
Reports— (a) For each report by Accountant of Court |
£23.30 |
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5. |
Obtaining Bond of Caution |
£23.30 |
PART V —
DEFENDED ACTIONS
1. |
Instruction fee To cover all work (apart from precognitions) until lodgement of open record |
£183.10 |
|
£19.60 |
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|
£38.60 |
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2. |
Record fee To cover all work in connection with adjustment and closing of record including subsequent work in connection with By Order Adjustment Roll |
£194.90 |
|
£121.40 |
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|
£19.60 |
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ii Attendance at consultation - per half hour |
£16.00 |
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|
£57.40 |
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|
£85.75 |
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3. |
Procedure Roll or Debate Roll Preparing for discussion and all work incidental thereto including instruction of counsel |
£38.60 |
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£16.00 |
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£29.10 |
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4. |
Adjustment of issues and counter-issues Fee to solicitor for pursuer to include all work in connection with and incidental to the lodging of an issue, and adjustment and approval thereof |
£37.05 |
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£10.25 |
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