Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2002

Made: 16th May 2002

Laid before the Scottish Parliament: 17th May 2002

Coming into force: 10th June 2002

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40 of the Sheriff Courts (Scotland) Act 1907[^f00001] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2002 and shall come into force on 10th June 2002.

• (2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of Schedule

2

• (1) The Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993[^f00002] shall be amended in accordance with the following sub-paragraphs.

• (2) In the General Regulations, in the table in paragraph 14(f)–

• (a) in item 1, in the left hand column, for “£50 to £250” there is substituted “£1,000 to £2,500”;

• (b) in item 2, in the left hand column, for “£50” there is substituted “£1,000”; and

• (c) item 3 is omitted.

• (3) In the Table of Fees, for Chapter IV, Part II (summary causes: defended actions) there is substituted the Tables of Fees in the Schedule to this Act of Sederunt.

Saving

3

Paragraph 2 does not affect such fees as are chargeable for work done, or outlays incurred, before 10th June 2002.

SCHEDULE

Chapter IV – — Summary Cause

Part II – — Defended Actions

1

Work before action commences – to cover all work of a pre-litigation basis, to include discussions/correspondence with opposing party, exchange of documentation, etc (not exceeding 1 hour)

2

• (a) Instruction fee to include taking instructions, framing summons and statement of claim, statement of valuation, obtaining warrant for service, enquiring for and consideration of Response Form (1½ hours)

3

Service–

4

Attendance at first calling–

5

Attendance at Court–

6

Precognitions– taking and drawing – per sheet

7

Reports obtained under Order of Court–

8

Productions–

9

Affidavits– to framing affidavits (where ordered) per sheet

10

Motions and minutes–

11

Fee to cover considering opponent’s written motion or minute excluding minute or motion to recall decree and relative attendance at court–

12

Hearing Limitation–

13

Procedure preliminary to proof–

• (a) Fee to cover all work preparing proof (except as otherwise specially provided for in this chapter)

14

Conduct of proof–

15

Debate on Evidence–

16

Settlements–

• (a) Judicial tender–

17

Specification of documents–

• (a) Fee to cover drawing, intimating and lodging specification and relative motion

18

Commissions to take evidence–

19

Appeals–

20

Final Procedure–

Chapter IV – — Summary Cause

Part II – — Defended Actions

Personal Injury Claims Only

1

Work before action commences – to cover all work of a pre-litigation basis, to include discussions/correspondence with opposing party, exchange of documentation, etc (not exceeding 3 hours)

2

• (a) Instruction fee to include taking instructions, framing summons and statement of claim, statement of valuation, obtaining warrant for service, enquiring for and consideration of Response Form (not exceeding 2_ hours)

3

Service–

4

Attendance at first calling–

5

Attendance at Court–

6

Precognitions– taking and drawing – per sheet

7

Reports obtained under Order of Court–

8

Productions–

9

Affidavits– to framing affidavits (where ordered) per sheet

10

Motions and minutes–

11

Fee to cover considering opponent’s written motion or minute excluding minute or motion to recall decree and relative attendance at court–

12

Procedure preliminary to proof–

• (a) Fee to cover all work preparing proof – as follows – exchanging of witness list, documents list, skilled witnesses, reports, consideration of defender’s schedule of damages, citation of witnesses, general preparation for Proof (except as otherwise specially provided for in this chapter) (not exceeding 3 hours)

13

Hearing Limitation–

14

Conduct of proof–

15

Debate on Evidence–

16

Settlements–

• (a) Judicial tender–

17

Specification of documents–

• (a) Fee to cover drawing, intimating and lodging specification and relative motion

18

Commissions to take evidence–

19

Appeals–

20

Final Procedure–

21

Instruction of Counsel–

Signed

W DOUGLAS CULLEN — Lord President, I.P.D. — 16th May 2002

Explanatory note

(This note is not part of the Order)

This Act of Sederunt amends Chapter IV Part II of the Table of Fees (defended summary causes) in the Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 by substituting two new tables. The new tables regulate fees under the procedure for non personal injury summary causes and personal injury summary causes introduced by new summary cause rules.

It also increases the values of actions to which reduced fees apply and removes undefended actions for recovery of possession of heritable property from the list of actions to which reduced fees apply.

The Act of Sederunt does not apply as respects fees chargeable for work done before it comes into force.

Footnotes

[^f00001]: 1907 c. 51; section 40 was amended by the Sheriff Courts (Scotland) Act 1913 c. 28, Schedule 1; the Secretaries of State Act 1926 c. 18, section 1(3); the Administration of Justice (Scotland) Act 1933 c. 41, Schedule; the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c. 12, Schedule 1, paragraph 7 and Schedule 2; and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 c. 40, Schedule 9.

[^f00002]: S.I.1993/3080, amended by S.I. 1994/1142, 1995/1395, 1996/236, 1998/2675, S.S.I. 1999/149, S.S.I 2000/420 and S.S.I 2001/438.