Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No. 4) 2002

Made: 23rd December 2002

Laid before the Scottish Parliament: 23rd December 2002

Coming into force: 1st January 2003

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 No. 4) 2002 and shall come into force on 1st January 2003.

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

Amendment to 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 paragraph 14—

• (a) in paragraph (b), for “and II” there shall be substituted “, II and III”;

• (b) in paragraph (c) after “(attendance at court),” there shall be inserted “and in Part III (Defended Actions and Defended Actions: Personal Injury Claims only), in respect of paragraphs 5 (attendance at court)”;

• (c) in paragraph (d), after “(precognitions),” there shall be inserted “and in Part III (Defended Actions and Defended Actions: Personal Injury Claims only), in respect of paragraphs 6 (precognitions),”; and

• (d) in paragraph (e), after “paragraph 15,” there shall be inserted “and in Part III (Defended Actions and Defended Actions: Personal Injury Claims only), in respect of paragraphs 19 (appeals),”.

• (3) In the Table of Fees, in Chapter IV,

• (a) after Part I (Undefended Actions) there shall be inserted the Table of Fees in the Schedule to this Act of Sederunt;

• (b) for each of the headings “Part II – Defended Actions” and “Part II – Defended Actions: Personal Injury Claims Only” there shall be substituted “Part III – Defended Actions (commenced on or after 10th June 2002)” and “Part III – Defended Actions: Personal Injury Claims Only (commenced on or after 10th June 2002)” respectively.

Application of Chapter IV, Parts II and III

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• (1) Chapter IV, Part II of the Table of Fees (as inserted by the Schedule to this Act of Sederunt) shall apply to fees chargeable in respect of work done or outlays incurred in relation to any summary cause commenced before 10th June 2002.

• (2) Chapter IV, Part III of the Table of Fees (Defended Actions and Defended Actions: Personal Injury Claims Only) shall apply to fees chargeable in respect of work done or outlays incurred in relation to any summary cause commenced on or after 10th June 2002.

Saving

4

Paragraph 2(2) does not affect such fees as are chargeable in respect of work done or outlays incurred in relation to any summary cause commenced before 10 June 2002.

SCHEDULE

Part II– — Defended Actions (commenced before 10th June 2002)}

1

Instructions fee, to include taking instructions (including instructions for a counterclaim), framing summons and statement of claim, obtaining warrant for service, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree

2

Service–

3

Attendance at court–

4

Preparing for proof, to include all work in connection with proof not otherwise provided for

5

Fee to cover preparing for adjourned diet and all incidental work if diet for more than six days – for each adjourned diet

6

• (a) Drawing and lodging inventory of productions, lodging the productions specified therein and considering opponent’s productions (to be charged only once in each process)

7

Precognitions–

8

Motions and minutes–

9

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

10

Conduct of proof–

11

Settlements–

12

Specification of documents–

13

Commissions to take evidence–

• (a) Fee to cover drawing, lodging and intimating motion and attendance at court

14

Supplementary note of defence (when ordered)

15

Appeals–

16

Final Procedure–

Signed

W. Douglas Cullen — Lord President I.P.D. — 23rd December 2002

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt re-introduces the Table of Fees previously contained in Chapter IV Part II of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 which shall apply to any summary cause commenced before 10 June 2002. The Act also re-names the new Tables introduced by Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2002 (S.S.I 2002/235) as Part III of Chapter IV of the Table of Fees and provides that Part III shall apply in relation to any summary cause commenced on or after 10th June 2002.

The Act makes consequential changes to paragraph 14 of the General Regulations in relation to Part III of the Table of Fees.

Footnotes

[^f00001]: 1907 c. 51; section 40 was amended by the Sheriff Courts (Scotland) Act 1913 c. 28, Schedule 1; the Secretares 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, S.S.I. 2002/235 and S.S.I. 2002/ 274.