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Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1994

As Enacted Cited authorities 17 Cited in Amendments 8 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1994/1015
Year1994

1994 No. 1015 (S. 47)

LEGAL AID AND ADVICE, SCOTLAND

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1994

Made 31th March 1994

Laid before Parliament 14th April 1994

Coming into force 5th May 1994

The Secretary of State, in exercise of the powers conferred on him by sections 33(2)(a) and (3) and 36(1) and (2)(a), of the Legal Aid (Scotland) Act 1986(1), 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 1994 and shall come into force on 5th May 1994.

(2) In these Regulations “the principal Regulations” means the Civil Legal Aid (Scotland) (Fees) Regulations 1989(2).

Application
S-2 Application

Application

2.—(1) Regulations 3, 5, 7 and 8(2) shall apply only in relation to any case where–

(a)

(a) legal aid is made available on or after 5th May 1994; and

(b)

(b) all work in respect of which legal aid is made available was done on or after that date.

(2) Regulations 4, 6 and 8(1) shall apply only in relation to any case where–

(a)

(a) all work in respect of which legal aid is made available was done on or after 5th May 1994; and

(b)

(b) the cause or action in respect of which legal aid is made available was commenced on or after 1st January 1994.

Amendment of the principal Regulations

Amendment of the principal Regulations

S-3 In regulation 2(1) of the principal Regulations ( )...

3. In regulation 2(1) of the principal Regulations(3) (interpretation)–

(a) in the introduction after the word “context” there shall be inserted the word “otherwise”;

(b) for the definitions of “counsel”, “junior counsel” and “junior”, there shall be substituted–

““counsel” includes a solicitor-advocate, except in regulation 10(2) and Schedule 2;

“junior counsel” or “junior” includes a junior solicitor-advocate;” and

(c) for the definition of “rights of audience solicitor” to the end of Regulation 2(1) there shall be substituted the following provisions–

““right of audience” means, in relation to a solicitor, a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980(4);

“senior counsel” or “senior” includes a senior solicitor-advocate except in paragraph (1A) below;

“solicitor-advocate” means a solicitor, whether instructed by another solicitor or not, when and only when he is exercising his right of audience or acting in connection with the exercise of such a right and “junior solicitor-advocat” and “senior solicitor-advocate” shall be construed in accordance with paragraph (1A) below;

and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.

S-1A

1A For the purposes of these Regulations, a solicitor-advocate shall be–

(a) a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case in the House of Lords or where the Board has authorised the employment of senior counsel under regulation 21(1)(b) or (2) of the Civil Legal Aid (Scotland) Regulations 1987(5); or

(b) a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, irrespective of whether or not the Board has authorised the employment of senior counsel in the case.”.

S-4 In regulation 5(4) of the principal Regulations for paragraph...

4. In regulation 5(4) of the principal Regulations for paragraph (g) there shall be substituted–

“(g)

“(g) the steps taken with a view to settling the proceedings, limiting the matters in dispute or limiting the scope of any hearing; and

(h)

(h) any other fees and allowances payable to the solicitor in respect of other items in the same proceedings and otherwise charged for in the account.”.

S-5 After paragraph (2) of regulation 10 of the principal...

5. After paragraph (2) of regulation 10 of the principal Regulations(6), there shall be inserted–

S-2A

“2A The fees of a solicitor-advocate for any work in relation to proceedings in the House of Lords shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.”.

S-6 For the Table of Fees set out in Schedule 2 to the principal...

6. For the Table of Fees set out in Schedule 2 to the principal Regulations(7) (fees of solicitors for proceedings in the sheriff court) there shall be substituted the Table of Fees set out in the Schedule to these Regulations.

S-7 For paragraph 1 of Schedule 4 to the principal Regulations ( )...

7. For paragraph 1 of Schedule 4 to the principal Regulations(8) (fees of counsel for proceedings in the Court of Session), there shall be substituted the following paragraph:–

S-1

“1. Subject to the following provisions of this Schedule, the fees of counsel and of solicitor-advocates shall be calculated in accordance with the Table of Fees in this Schedule and the fee of a solicitor-advocate for undertaking an item of work shall be–

(a) where he is acting as a junior solicitor-advocate, the same as that allowable to a junior counsel for undertaking an item of work equivalent to that undertaken by the solicitor-advocate; or

(b) where he is acting as a senior solicitor-advocate, the same as that allowable to a senior counsel for undertaking an item of work equivalent to that undertaken by the solicitor-advocate.”.

Revocations
S-8 Revocations

Revocations

8.—(1) The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1990(9), regulation 4(b) of the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1991(10) and regulation 3 of the Civil Legal (Fees) Amendment Regulations 1992(11) are hereby revoked.

(2) The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1993(12) are hereby revoked.

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

31st March 1994

SCHEDULE

Regulation 5

NEW TABLE OF FEES TO BE SUBSTITUTED IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

“TABLE OF FEES

CHAPTER I–UNDEFENDED ACTIONS ( OTHER THAN ACTIONS TO WHICH CHAPTER III OR IV APPLIES)

Part I–All actions except those actions of divorce or separation and aliment to which Part II applies

1.

Actions (other than those specified in paragraph 2 of this Part) in which decree is granted without proof–

Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree

£ 77.00

Note:

In cases where settlement is effected after service of a writ but before the expiry of the period of notice

£ 64.00

If the pursuer’s solicitor elects to charge this inclusive fee he shall endorse a minute to that effect on the initial writ before ordering extract decree. Outlays such as court dues for deliverance and posts shall be chargeable in addition and taxation shall be unnecessary.

2.

Actions of separation and aliment (not being actions to which Part II of this Chapter applies), adherence and aliment or custody and aliment where proof takes place–

Inclusive fee to cover all work from taking instructions up to and including obtaining extract decree

£271.90

Part II–Actions of divorce or separation and aliment where proof is by means of affidavits

In any undefended action of divorce or of separation and aliment where–

the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976(13) are 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 the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE A

Column 1

Column 2

Work done

Inclusive fee

1 All work to and including the period of notice

£192.85

2 All work from the period of notice to and including swearing affidavits

£137.80

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

£ 41.35

4 All work to and including sending extract decree

£372.00

Add process fee to item 4

of 10%

In any undefended action of divorce or separation and aliment 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 years' non-cohabitation) of the Divorce (Scotland) Act 1976 are relied on; 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 B in this paragraph charge the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE B

Column 1

Column 2

Work done

Inclusive fee

1 All work to and including the period of notice

£158.40

2 All work from the period of notice to and including swearing affidavits

£ 75.80

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

£ 41.35

4 All work to and including sending extract decree

£275.55

Add process fee to item 4

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 crave 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 the period of notice

£ 75.00

2 All work from the period of notice to and including swearing affidavits

£ 44.05

3 All work under items 1 and 2

£119.05

Add process fee to item 3

of 10%

CHAPTER II–DEFENDED ACTIONS (OTHER...

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