Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2014

Made: 20th January 2014

Laid before the Scottish Parliament: 21st January 2014

Coming into force: 1st March 2014

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section5 of the Court of Session Act 1988[^f00001] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation, commencement and interpretation

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2014.

• (2) It comes into force on 1stMarch 2014.

• (3) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session

2

The Rules of the Court of Session 1994[^f00002] are amended in accordance with paragraph3.

Table of fees

3

• (1) Subject to subparagraph(4), rule42.16 (table of fees)[^f00003] is amended in accordance with the following subparagraphs.

• (2) After subparagraph (1) insert—

(1A) In addition to the matters set out in the Table of Fees, travel time at a rate of £35 per quarter hour may be claimed on cause shown at the discretion of the Auditor.

• (3) The Table of Fees in rule42.16(3) is amended as follows—

• (a) for Chapter I (table of detailed charges) substitute the Chapter set out in Schedule1;

• (b) in Chapter III—

• (i) for Part I (undefended causes) substitute the Part set out in Schedule2;

• (ii) for Part II (undefended consistorial actions) substitute the Part set out in Schedule3;

• (iii) in Part III (undefended consistorial actions (affidavit procedure)) for Tables A, B and C substitute the respective tables set out in Schedule4;

• (iv) for PartIV (Outer House petitions) substitute the Part set out in Schedule5;

• (v) for PartV (defended actions) substitute the Part set out in Schedule6;

• (vi) for PartVA (defended personal injuries actions etc.) substitute the Part set out in Schedule7;

• (vii) for PartVI (Inner House business) substitute the Part set out in Schedule8.

Saving

4

Paragraph3 does not affect fees chargeable for work done, or outlays incurred, before 1stMarch 2014.

SCHEDULE 1

CHAPTER 1 — TABLE OF DETAILED CHARGES

1

Framing documents

2

Copying

3

Revising

4

Citation of parties, witnesses, havers and instructions to messenger-at-arms

5

Time charge

6

Correspondence

SCHEDULE 2

CHAPTER III — PART I – UNDEFENDED CAUSES (OTHER THAN CONSISTORIAL ACTIONS)

1

Inclusive fee

SCHEDULE 3 — PART II – UNDEFENDED CONSISTORIAL ACTIONS (OTHER THAN BY AFFIDAVIT PROCEDURE IN PART III OF THIS CHAPTER)

1

Instruction

2

Incidental procedure

3

Amendment

4

Commission to take evidence on interrogatories

5

Commission to take evidence on open commission

6

Other matters

7

Proof and completion fee

8

Accounts

SCHEDULE 4 — PART III – UNDEFENDED CONSISTORIAL ACTIONS (AFFIDAVIT PROCEDURE)

1

All work to and including calling of the summons

2

All work from calling to and including swearing affidavits

3

All work from swearing affidavits to and including sending extract decree

4

All work to and including sending extract decree

1

All work to and including calling of the summons

2

All work from calling to and including swearing affidavits

3

All work from swearing affidavits to and including sending extract decree

4

All work to and including sending extract decree

1

All work to and including calling of the summons

2

All work from calling to and including swearing affidavits

3

All work under items 1 and 2

SCHEDULE 5 — PART IV – OUTER HOUSE PETITIONS

1

Unopposed petition

2

Opposed petition

3

Reports in opposed petitions

4

Obtaining a bond of caution

SCHEDULE 6 — PART V – DEFENDED ACTIONS

1

Instruction

2

Work before action commences

3

Lodging productions

4

Record

5

By Order (Adjustment) Roll in actions proceeding under Chapter42A

6

Notes of Argument, Statements of Facts or Issues and Notes of Proposals for Further Procedure

7

Procedure Roll, preliminary, procedural or other hearing

8

Valuation of claim in actions proceeding under Chapter42A

9

Adjustment of issues and counter issues

10

Precognitions, affidavits and (where ordered by the court) witness summaries and witness statements

11

Reports obtained under order of court excluding Auditor’s report

12

Specification of documents

13

Commission to take evidence on interrogatories

14

Commission to take evidence on open commissions

15

Miscellaneous motions and minutes where not otherwise covered by this Part

16

Incidental Procedure (not chargeable prior to the approval of issue of allowance of proof)

17

Amendment of record

18

Preparation for proof or jury trial

19

Pre-trial meeting

20

Copying

21

Settlement

22

Hearing limitation fee

23

Proof or jury trial

24

Accounts

25

Ordering and obtaining extract

26

Final procedure

SCHEDULE 7 — PART VA – DEFENDED PERSONAL INJURIES ACTIONS COMMENCED ON OR AFTER 1 APRIL 2003

1

Precognitions/Expert Reports/Factual Reports

2

Pre-litigation fee

3

Lodging productions

4

Instruction

5

Record

6

Notes of arguments

7

Valuation of claim

8

Adjustment of issues and counter-issues

9

By Order Roll/variation of timetable order/adjustment on final decree/interim payment of damages

10

Reports obtained under order of court excluding Auditor’s Report

11

Incidental procedure (not chargeable prior to the approval of issue or allowance of proof)

12

Specification of documents (if further specification considered necessary)

13

Commission to take evidence on interrogatories

14

Commission to take evidence on open commission

15

Miscellaneous motions and minutes where not otherwise covered by this Part

16

Amendment of record

17

Copying

18

Preparation for proof or jury trial

19

Pre-trial meeting

20

Hearing limitation fee

21

Settlement

22

Proof or jury trial

23

Accounts

24

Ordering and obtaining extract

25

Final procedure

SCHEDULE 8 — PART VI – INNER HOUSE BUSINESS

1

Reclaiming motions

2

Appeals from inferior courts

3

Special cases, Inner House petitions and appeals other than under paragraph 2 of this Part

4

Note of objection

5

Grounds of appeal or cross appeal

6

Incidental procedure

7

Summar Roll

8

Obtaining a bond of caution

9

Other matters

Signed

BRIAN GILL — Lord President — I.P.D. — 20th January 2014

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt amends Chapter 42 (taxation of accounts and fees of solicitors) of the Rules of the Court of Session 1994 (S.I. 1994/1443).

The Table of Fees has been amended to provide that all monetary values are expressed as a multiple or fraction of the new rate of £156 per hour. The previous rate was £142 per hour, which has not been increased since 2009 and certain values were previously not expressed as a multiple or fraction of that rate. They have now been standardised to the nearest appropriate multiple or fraction of £156 per hour.

The Table of Fees was last amended by the Act of Sederunt (Rules of the Court of Session Amendment No.2) (Fees of Shorthand Writers) 2013 (S.S.I. 2013/111).

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

Footnotes

[^f00001]: 1988 c.36. Section 5 was amended by the Civil Evidence (Scotland) Act 1988 (c.32), section2(3); the Children (Scotland) Act 1995 (c.36), Schedule4 paragraph45; the Vulnerable Witnesses (Scotland) Act 2004 (asp 3), section14(1); the Judiciary and Courts (Scotland) Act 2008 (asp6), section 46(3); and the Legal Services (Scotland) Act 2010 (asp16), section 126(a).

[^f00002]: S.I. 1994/1443, last amended by S.S.I. 2013/317.

[^f00003]: Rule 42.16 was last amended by S.S.I. 2013/111.