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The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2009

As Enacted Cited authorities 18 Cited in Related
Vincent
JurisdictionScotland
CitationSSI 2009/203
Year2009

2009 No. 203

LEGAL AID AND ADVICE

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2009

Made 27th May 2009

Laid before the Scottish Parliament 28th May 2009

Coming into force 22th June 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(2)(a) and (3) and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 19861and all other powers enabling them to do so.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2009 and come into force on 22nd June 2009.

Application
S-2 Application

Application

2.—(1) Regulations 4, 6 and 7 only apply to fees for work done or outlays incurred on or after 1st April 2008.

(2) Regulation 8 only applies to fees for work done or outlays incurred on or after 22nd June 2009.

(3) Regulations 5 and 9 only apply in relation to any case concluded on or after 22nd June 2009.

(4) For the purposes of this regulation, where work for a fee prescribed in Schedule 2 or 6 to the Civil Legal Aid (Scotland) (Fees) Regulations 19892is conducted over more than one day, the work is deemed to have been done on the day it comes to an end.

Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

S-3 The Civil Legal Aid (Scotland) (Fees) Regulations 1989 are...

3. The Civil Legal Aid (Scotland) (Fees) Regulations 1989 are amended in accordance with the following regulations.

S-4 In regulation 5(2A) (which prescribes the value of one unit for...

4. In regulation 5(2A) (which prescribes the value of one unit for the purposes of Schedule 6), for “£19.00” substitute “£21.00”.

S-5 In regulation 5(4) (which provides for an additional fee in...

5. In regulation 5(4) (which provides for an additional fee in specified circumstances), for “the Auditor” substitute “the Board, or as the case may be the Auditor,”.

S-6 In Schedule 2 (fees of solicitors for proceedings in the...

6. In Schedule 2 (fees of solicitors for proceedings in the sheriff court)–

(a) for paragraph 2 substitute–

S-2

“2. Chapter III of the Table of Fees in this Schedule shall have effect subject to the following provisions:–

(a) in paragraph 2 of Part I and paragraph 7 of Part II, no fee is allowable for attendance at a continuation of the first calling, unless specifically authorised by the court;

(b) in Part I, in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the summons;

(c) in Part II, in respect of paragraph 22 (final procedure), no fee shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision;

(d) unless the sheriff, on an incidental application in that behalf, otherwise directs, all fees chargeable under Chapter III shall be reduced by 50% in respect of–

(i) undefended actions for recovery of heritable property;

(ii) actions under the Tenancy of Shops (Scotland) Act 19493or section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 19634.

S-2A

2A. In Chapter III of the Table of Fees in this Schedule–

“attendance at court” means waiting for and conducting any hearing unless specifically provided for elsewhere in the Chapter;

“half hour” shall be read as if immediately followed by the words “(or part thereof)”;

“a page” consists of 125 words or numbers; and

“a sheet” consists of 250 words or numbers.”.

(b) for Chapter III of the Table of Fees (which sets out solicitors' fees for summary cause proceedings), substitute the Schedule to these Regulations.

S-7 In Schedule 5 (detailed fees chargeable by solicitors), for...

7. In Schedule 5 (detailed fees chargeable by solicitors), for £34.00, £17.00, £13.15, £6.50, £11.15, £7.50, £2.95 and £0.08 substitute £37.58, £18.79, £14.53, £7.18, £12.32, £8.29, £3.26 and £0.09 respectively.

S-8 In Chapter III of Schedule 6 (circumstances in which the...

8. In Chapter III of Schedule 6 (circumstances in which the Board may allow an additional fee)–

(a) for paragraph 1 substitute–

S-1

“1. That the assisted person’s inadequate knowledge of English–

(a) required instructions to be taken through an interpreter; or

(b) significantly increased the duration of meetings necessary to take instructions.”;

(b) for paragraph 2 substitute–

S-2

“2. That although able to attend at the solicitor’s office the assisted person suffered throughout or for a significant period of the case from–

(a) a severe substance abuse problem; or

(b) a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 20035.”; and

(c) in paragraph (a) of the Note on the application of Chapter III for “paragraph 5 or 6 above” substitute “paragraph 5, 6 or 7 above”.

S-9 In Schedule 7 (sheriff court proceedings for which fees are...

9. In Schedule 7 (sheriff court proceedings for which fees are payable under Schedule 5)–

(a) after “division and sale of heritable property;” insert “exceptional cases;”; and

(b) at the end, insert–

S-1

“Interpretation

1.—(1) For the purposes of this Schedule an “exceptional case” means any case certified as such by the Board on the application of the solicitor involved.

(2) The solicitor involved may apply to the Board not later than 4 months after the conclusion of a case to have it certified as an exceptional case.

(3) The Board will certify a case as exceptional only if satisfied that–

(a)

(a) the other party, or as the case may be at least one of the other parties, was a party litigant;

(b)

(b) there were concurrent proceedings before a children’s hearing;

(c)

(c) the solicitor involved had to apply for a transfer of agency after the fixing of a diet of proof, debate or any other hearing fixed for the purposes of settlement; or

(d)

(d) payment in accordance with Schedule 6 would not provide reasonable remuneration for the work actually, necessarily and reasonably done because the case involved–

(i) unusual court procedure for which a fee is not otherwise prescribed; or

(ii) a significantly greater volume of work than is usual for a case of that type.”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

27th May 2009

SCHEDULE

Regulation 6(b)

SCHEDULE

“CHAPTER III

Part I —Undefended Actions

1. The fee for citation, service or re-service after the first citation–

(a) to any destination by post

£6.74

(b) by advertisement

£19.01

2. The fee for attendance at court

£19.01

3. The fee for all other work

£53.50

Part II —Defended Actions

1. The instruction fee–

(a) for the pursuer’s solicitor, including taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for the form of response and noting defence

£81.16

(b) for the defender’s solicitor, for all work from taking instructions (including instructions for a counter-claim) up to and including lodging the form of response

£81.16

2. Where an additional defender or third party enters the cause, an additional fee for each of the original parties' solicitors for all consequent work

£40.61

3. The fee for citation, service or re-service, except as provided for in paragraph 19(e), by–

(a) post, to a destination–

(i) within the United Kingdom, Isle of Man, Channel Islands or the Republic of Ireland

£6.74

(ii) other than one specified in paragraph (i)

£14.42

(b) sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee

£6.74

(c) advertisement, to include framing and instructing the advertisement

£21.11

4. In connection with the first hearing of the cause–

(a) the fee for attendance at court, including noting the outcome of the hearing

£70.17

(b) if waiting for and conducting the hearing exceeds an hour and a half, the fee for attendance at court for each subsequent half hour

£21.11

5. The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour

£21.11

6. The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet

£31.27

7. The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet

£15.64

8. In connection with reports commissioned by order of Court, the fee for–

(a) all incidental work, including instructing the report

£21.11

(b) each half hour perusing the report

£21.11

9. The fee, per inventory, for–

(a) lodging productions

£31.27

(b) perusing the opposition’s productions

£14.42

10. The fee for framing affidavits, per sheet

£15.64

11. Except as provided for by paragraphs 17, 18 and 19 the fee for–

(a) drawing, intimating and lodging any written minute or incidental application including any relative attendance at court, where that minute or application is–

(i) opposed

£44.53

(ii) unopposed

£26.74

(b) considering a written minute or incidental application intimated by the opposition including any relative attendance at court, where that minute or application is–

(i) opposed

£36.63

(ii) unopposed

£21.11

12. In connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour

£21.11

13. In connection with a...

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