Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

Made: 27th February 2019

Laid before the Scottish Parliament: 1st March 2019

Coming into force: 29th April 2019

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section1(2)of the Litigants in Person (Costs and Expenses) Act 1975[^f00002], sections 103(1), 104(1), 105(1) and 106(1) of the Courts Reform (Scotland) Act 2014[^f00003] and all other powers enabling it to do so.

CHAPTER 1 — CITATION, APPLICATION AND INTERPRETATION ETC.

Citation and commencement, etc.

1.1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Taxation of Judicial Expenses Rules) 2019.

• (2) It comes into force on 29th April 2019.

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

Application

1.2

• (1) Subject to paragraphs (3) and (4), these Rules apply to the taxation of accounts of expenses, and for related purposes, where—

• (a) the expenses were incurred in—

• (i) proceedings in the Court of Session;

• (ii) proceedings in the Sheriff Appeal Court; or

• (iii) proceedings, other than a summary cause, in the sheriff court;

• (b) the proceedings were commenced on or after the coming into force of these Rules; and

• (c) the taxation is pursuant to a finding that a party (“the paying party”) is liable in expenses to another party (“the entitled party”).

• (2) For the purposes of paragraph (1)(b)—

• (a) proceedings in the Sheriff Appeal Court; and

• (b) proceedings in the Inner House of the Court of Session under Chapters 38, 39 or 40 of the Rules of the Court of Session 1994[^f00004], other than on remit from the Sheriff Appeal Court,

are distinct proceedings.

• (3) Chapter 7 (payments to witnesses and fees of shorthand writers) and schedules 6 and 7 apply in relation to proceedings referred to in paragraphs (1)(a) and (b).

• (4) Chapter 8 (diligence) applies where the chargeable work was carried out on or after the coming into force of these Rules.

Interpretation

1.3

• (1) In these Rules—

• “counsel” means an advocate or solicitor advocate;

• “the court” in relation to proceedings in the sheriff court means the sheriff;

• “member of the Association of Commercial Attorneys” means a person who has rights to conduct litigation or rights of audience by virtue of the scheme to which effect was given by Act of Sederunt (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) (Association of Commercial Attorneys) 2009[^f00005];

• “paying party” and “entitled party” have the meaning given in rule 1.2(1)(c);

• “solicitor advocate” means a solicitor having a right of audience in the Court of Session under section 25A of the Solicitors (Scotland) Act 1980[^f00006];

• “summary application” has the meaning given by section 3(p) of the Sheriff Courts (Scotland) Act 1907;

• “summary cause” means proceedings, subject to the procedure introduced by section 35 of the Sheriff Courts (Scotland) Act 1971[^f00007].

• (2) In relation to simple procedure cases—

• (a) references to the taxation of an account of expenses include the assessment of an account of expenses, and

• (b) references to the Auditor include the sheriff clerk.

• (3) A charge or a fee relating to a document or communication that is prescribed by reference to a number of words is chargeable in respect of each multiple of that number of words or part thereof.

CHAPTER 2 — GENERAL PRINCIPLES

Form of account

2.1

An account of expenses must—

• (a) set out in chronological order all items in respect of which payment is claimed;

• (b) list in separate columns—

• (i) the charges claimed for work carried out by the entitled party’s solicitor; and

• (ii) the outlays claimed; and

• (c) include a statement as to whether or not the entitled party will bear the burden of the value added tax referred to in rule 6.1.

General principles

2.2

• (1) The Auditor is to allow only such expenses as are reasonable for conducting the proceedings in a proper manner.

• (2) The Auditor may in particular refuse to allow—

• (a) expenses that the Auditor considers to have been incurred as a result of fault or error on the part of the entitled party or the entitled party’s representative; and

• (b) expenses relating to a part of the proceedings in which the Auditor considers that the entitled party was unsuccessful.

CHAPTER 3 — CHARGES FOR WORK CARRIED OUT BY SOLICITORS

Application

3.1

• (1) Subject to rule 3.10 (party litigants), this Chapter, and the tables of charges set out in schedules 1 to 5A, apply for the purpose of determining the charges to be allowed on taxation in respect of work carried out by the entitled party’s solicitor.

• (2) Where the entitled party was represented by a member of the Association of Commercial Attorneys this Chapter, rule 5.2 (additional charge), and the tables of charges in schedules 1, 3, 4 , 5 and 5A apply as if the work charged for was carried out by a solicitor.

The unit

3.2

In this Chapter, in Chapter 8, and in schedules 1 to 5, references to a “unit” are to a measure of monetary charge with a value of £18.00.

Table of charges

3.3

• (1) Paragraph (2) applies to proceedings in respect of which there is a table of inclusive charges applicable to the proceedings in schedule 2, 3 or 4.

• (2) The charges to be allowed are those specified in—

• (a) the table of detailed charges in schedule 1; or

• (b) the applicable table of inclusive charges in—

• (i) for proceedings in the Court of Session, schedule 2;

• (ii) for proceedings in the Sheriff Appeal Court, schedule 3; or

• (iii) for ordinary actions in the sheriff court, schedule 4,

as the entitled party may elect, but the entitled party may not elect to have an account taxed partly on one basis and partly on another.

• (3) Subject to paragraph (4), the charges to be allowed where there is no table of inclusive charges applicable to the proceedings are those specified in the table of detailed charges in schedule 1.

• (4) Subject to rule 3.7 (simple procedure), the charges to be allowed in respect of a simple procedure case in the sheriff court[^f00008] are those specified in the applicable table of inclusive charges in schedule 5.

• (4A) The charges to be allowed in respect of a summary application under Part L (Electronic Communications Code) of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 are those specified in the applicable table of inclusive charges in schedule 5A.

• (5) This rule applies unless the court otherwise directs.

Copying and scanning

3.4

• (1) This rule applies to the copying or scanning of documents carried out by, or at the instance of, the entitled party’s solicitor, other than on payment of a charge to a third party (in which event Chapter 4 applies).

• (2) Where the Auditor is satisfied that the number of pages reasonably copied or scanned was in excess of 2000, the Auditor may allow the charge mentioned in paragraph (3), but only in respect of those pages which exceed 2000.

• (3) The charge is 1 unit per 100 pages copied or scanned, or part thereof.

Travel time

3.5

The Auditor may, on cause shown, and at the Auditor’s discretion, allow a charge of 0.9unitsper 6 minutes in respect of time engaged in travelling by the entitled party’s solicitor.

Modification of inclusive charges

3.6

In appropriate circumstances the Auditor may, in respect of a charge specified in a table of inclusive charges—

• (a) increase or reduce a charge; or

• (b) apportion a charge between parties represented by different solicitors.

Simple procedure

3.7

• (1) This rule applies where an account of expenses falls to be taxed by reference to a table of charges in schedule 5.

• (2) All charges allowed by the Auditor are to be reduced by 10%.

• (3) Unless the court otherwise directs, where the total value of the claim is £2500 or less, all charges allowed by the Auditor, as reduced in accordance with paragraph (2), are to be further reduced—

• (a) where the total value of the claim is less than £1000, by 50%;

• (b) otherwise by 25%.

Instructing and attending with counsel

3.8

• (1) Subject to paragraph (2), where fees of counsel are allowed as an outlay in the sheriff court or Sheriff Appeal Court, the Auditor is also to allow the applicable charge for instructing counsel.

• (2) Where the fees allowed are those of a solicitor advocate, paragraph (1) does not apply unless the solicitor advocate is acting on the instructions of another solicitor.

• (3) Paragraph (4) applies where—

• (a) a solicitor advocate exercises a right of audience in the Court of Session; or

• (b) fees of a solicitor advocate are allowed as an outlay in the sheriff court or Sheriff Appeal Court in accordance with rule 4.3 (fees of counsel in the sheriff court or Sheriff Appeal Court).

• (4) Where the solicitor advocate is assisted by another solicitor or a clerk the Auditor may allow the applicable attendance charge.

Additional charge

3.9

Where, on an application under rule 5.2 (additional charge)—

• (a) the court grants the application and specifies a percentage increase in charges in accordance with paragraph (4) of that rule, the charges allowed by the Auditor under this Chapter are to be increased by the percentage specified;

• (b) the Court of Session remits to the Auditor to determine if an increase should be allowed, or to determine the level of an increase, the charges allowed by the Auditor under this Chapter are to be increased by such additional charge, if any, as the Auditor may determine.

Party litigants

3.10

• (1) Where the entitled party was not represented by a solicitor the Auditor may, subject to paragraph (3), allow a reasonable sum in respect of work done by the entitled party which was reasonably required in connection with the proceedings.

• (2) In determining what would be a reasonable sum the Auditor is to have regard to all the circumstances, including—

• (a) the nature of the work;

• (b) the time required to do the work;

• (c) the amount of any earnings lost during that time;

• (d) the importance of the proceedings to the entitled party; and

• (e) the complexity of the issues involved in the proceedings.

• (3) Any sum allowed under this rule must not exceed two thirds of the charges that would be allowed under this Chapter if the same work had been done by a solicitor.

CHAPTER 4 — OUTLAYS

Application

4.1

This Chapter applies for the purpose of determining the outlays incurred by, or on behalf of, the entitled party that are to be allowed at taxation.

Allowance of outlays

4.2

Subject to rules 4.3 to 4.5, outlays reasonably incurred in order to conduct the proceedings in a proper manner are to be allowed.

Fees of counsel in the sheriff court or Sheriff Appeal Court

4.3

• (1) This rule applies to the taxation of accounts of expenses relating to proceedings in the sheriff court or Sheriff Appeal Court.

• (2) No fees are to be allowed for the work of counsel unless the proceedings, or particular work involved in the conduct of the proceedings, have been sanctioned as suitable for the employment of counsel in accordance with rule 5.4 (sanction for the employment of counsel in the sheriff court and Sheriff Appeal Court).

• (3) Where particular work has been sanctioned as suitable for the employment of counsel the Auditor is to allow the reasonable fees of counsel for—

• (a) doing that work, and

• (b) subject to paragraph (6), consultations reasonably required in relation to that work.

• (4) Where the proceedings have been sanctioned as suitable for the employment of counsel—

• (a) it is for the Auditor to determine the work in relation to which it was reasonable for counsel to be instructed;

• (b) subject to sub-paragraph (c), the Auditor is to allow the reasonable fees of counsel for carrying out that work;

• (c) subject to paragraph (3), no fees are to be allowed for work carried out before the date on which sanction was granted unless the proceedings are—

• (i) proceedings subject to Chapter 36 of the Ordinary Cause Rules 1993[^f00009];

• (ii) a simple procedure case; or

• (iii) proceedings in the Sheriff Appeal Court.

• (5) In the determination of reasonable fees for the purposes of paragraphs (3) and (4), the Auditor must disregard the fact that counsel who carried out the work was senior counsel unless the proceedings, or the particular work, have been sanctioned as suitable for the employment of senior counsel.

• (6) Except on cause shown, the Auditor is to allow fees for only two consultations in the course of proceedings.

• (7) In this rule, references to fees of counsel for carrying out work include, where appropriate in the case of proofs, trials or other hearings that do not proceed, fees reflecting counsel’s inability to accept alternative commitments.

Fees of solicitor advocates in the Court of Session

4.4

Where a solicitor advocate exercises a right of audience in the Court of Session, the Auditor is to allow such fee for each item of work done by the solicitor advocate in the exercise of the right of audience as the Auditor would allow to an advocate for an equivalent item of work.

Skilled persons

4.5

• (1) No charge incurred to a person who has been engaged for the purposes of the application of that person’s skill is to be allowed as an outlay unless—

• (a) the person has been certified as a skilled person in accordance with rule 5.3 (certification of skilled persons); and

• (b) except where paragraph (4) applies, the charge relates to work done, or expenses incurred, after the date of certification.

• (2) Where a person has been so certified, the Auditor is to allow charges for work done or expenses reasonably incurred by that person which were reasonably required for a purpose in connection with the proceedings, or in contemplation of the proceedings.

• (3) The charges to be allowed under paragraph (2) are such charges as the Auditor determines to be fair and reasonable.

• (4) This paragraph applies where—

• (a) the account relates to—

• (i) proceedings subject to Chapter 43 of the Rules of the Court of Session 1994;

• (ii) proceedings subject to Chapter 36 of the Ordinary Cause Rules 1993; or

• (iii) a simple procedure case; or

• (b) the sheriff has determined in accordance with rule 5.3(5) that the certification has effect for the purposes of work done, or expenses incurred, before the date of certification.

Witnesses

4.6

• (1) Payments relating to the attendance of a witness at a proof or trial, when the witness is not called to give evidence, are to be allowed as an outlay only where the court has granted a motion certifying the witness as being in attendance.

• (2) Payments to witnesses are to be aggregated in the account as a single outlay, and the details of the payments are to be entered in a separate schedule appended to the account.

• (3) Receipts and vouchers for all payments claimed are to be produced to the paying party prior to the taxation, and to the Auditor if the Auditor so requires.

CHAPTER 5 — APPLICATIONS FOR ALLOWANCE OF AN ADDITIONAL FEE, FOR SANCTION FOR THE EMPLOYMENT OF COUNSEL, AND FOR CERTIFICATION OF SKILLED WITNESSES

Application

5.1

• (1) This Chapter applies for the purpose of applications to the court for—

• (a) the allowance of an additional charge;

• (b) the certification of skilled witnesses; and

• (c) sanction for the employment of counsel in the sheriff court and Sheriff Appeal Court.

• (2) Applications to which this Chapter applies are to be made—

• (a) in a simple procedure case by incidental orders application;

• (b) otherwise by motion.

Additional charge

5.2

• (1) An entitled party may apply to the court for an increase in the charges to be allowed at taxation in respect of work carried out by the entitled party’s solicitor.

• (2) Where the application is made to the Court of Session the court may, instead of determining the application, remit the application to the Auditor to determine if an increase should be allowed, and the level of any increase.

• (3) The court or, as the case may be, the Auditor must grant the application when satisfied that an increase is justified to reflect the responsibility undertaken by the solicitor in the conduct of the proceedings.

• (4) On granting an application the court must, subject to paragraph (5), specify a percentage increase in the charges to be allowed at taxation.

• (5) The Court of Session may instead remit to the Auditor to determine the level of increase.

• (6) In considering whether to grant an application, and the level of any increase, the court or, as the case may be, the Auditor is to have regard to—

• (a) the complexity of the proceedings and the number, difficulty or novelty of the questions raised;

• (b) the skill, time and labour and specialised knowledge required of the solicitor;

• (c) the number and importance of any documents prepared or perused;

• (d) the place and circumstances of the proceedings or in which the work of the solicitor in preparation for, and conduct of, the proceedings has been carried out;

• (e) the importance of the proceedings or the subject matter of the proceedings to the client;

• (f) the amount or value of money or property involved in the proceedings;

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

Certification of skilled persons

5.3

• (1) On the application of a party the court may certify a person as a skilled person for the purpose of rule 4.5 (skilled persons).

• (2) The court may only grant such an application if satisfied that—

• (a) the person is a skilled person; and

• (b) it is, or was, reasonable and proportionate that the person should be employed.

• (3) The refusal of an application under this rule does not preclude the making of a further application on a change of circumstances.

• (4) Where the application is made in proceedings other than—

• (a) proceedings subject to Chapter 43 of the Rules of the Court of Session 1994;

• (b) proceedings subject to Chapter 36 of the Ordinary Cause Rules 1993; or

• (c) a simple procedure case,

paragraph (5) applies.

• (5) Where this paragraph applies, the court may only determine that the certification has effect for the purposes of work already done by the person where the court is satisfied that the party applying has shown cause for not having applied for certification before the work was done.

Sanction for the employment of counsel in the sheriff court and Sheriff Appeal Court

5.4

• (1) This rule applies to proceedings in the sheriff court and Sheriff Appeal Court.

• (2) On the application of a party the court may, subject to paragraphs (4) to (6), sanction—

• (a) the proceedings;

• (b) any part of the proceedings;

• (c) particular work involved in the conduct of the proceedings; or

• (d) any combination of (a), (b) and (c),

as suitable for the employment of counsel by that party.

• (3) Where proceedings or work are sanctioned as suitable for the employment of senior counsel, or as suitable for the employment of more than one counsel, the interlocutor must record that.

• (4) Paragraphs (5) and (6) apply where the application is made in proceedings other than—

• (a) proceedings subject to Chapter 36 of the Ordinary Cause Rules 1993;

• (b) a simple procedure case; or

• (c) proceedings in the Sheriff Appeal Court.

• (5) An interlocutor sanctioning proceedings, or a part of proceedings, as suitable for the employment of counsel has no effect as regards work carried out by counsel before the date of the interlocutor.

• (6) The court may only sanction particular work already carried out as suitable for the employment of counsel when satisfied that the party applying has shown cause for not having applied for sanction before the work was carried out.

• (7) The refusal of an application under this rule does not preclude the making of a further application on a change of circumstances.

CHAPTER 6 — VALUE ADDED TAX

Value added tax

6.1

• (1) Where work done by a solicitor constitutes a supply of services in respect of which value added tax is chargeable by the solicitor, there may be added to the charges allowed in respect of that work under Chapter 3 an amount equal to the value added tax chargeable on those charges, unless the entitled party will not bear the burden of the value added tax.

• (2) Where an outlay allowed under Chapter 4 is a charge for the supply of goods or services on which the supplier has charged value added tax, the amount of the value added tax charged may only be allowed as an outlay when the entitled party will bear the burden of the value added tax.

CHAPTER 7 — PAYMENTS TO WITNESSES AND FEES OF SHORTHAND WRITERS

Reimbursement of witnesses

7.1

Schedule 6 has effect for the purpose of regulating the liability of a party at whose instance a person was cited or requested to appear as a witness in civil proceedings, to reimburse losses and expenses incurred by that person.

Fees of shorthand writers and transcribers

7.2

• (1) The table in Part 1 of schedule 7 has effect for the purpose of regulating the fees charged by shorthand writers and persons preparing transcripts of evidence.

• (2) The table in Part 2 of schedule 7 has effect for the purpose of regulating the expenses that may be charged by a shorthand writer instructed to attend a proof, jury trial or commission, in so far as reasonably incurred.

• (3) Value added tax may be added to the fees and expenses chargeable where the shorthand writer or transcriber is required to charge value added tax.

CHAPTER 8 — DILIGENCE

Instructing steps in diligence

8.1

Where, in the execution of diligence, the expenses chargeable against a debtor include the expenses incurred by a solicitor in instructing a messenger-at-arms or sheriff officer to take any step, the sum chargeable for each such instruction is 1.25 units.

SCHEDULE 1 — TABLE OF DETAILED CHARGES

		Units
Time charges	Time charges
1.	Time engaged by solicitor, except as otherwise specifically provided, inpreparing for or conducting any hearing;attendance at any hearing (including waiting time), consultation with counsel, or meeting; orperusing documents,per 6 minutes (or such other sum as in the opinion of the Auditor is justified)	1
2.	Time engaged by clerk, one-half of above
Documents	Documents
3.	Drafting—
	(a) affidavits and (where ordered by the court) witness summaries and witness statements, per 250 words	2.5
	(b) formal documents	0.75
	(c) other documents, per 250 words	1.25
4.	Perusal of a precognition or report prepared by a skilled person, per 250words	0.75
5.	Reviewing documents prepared by counsel where counsel’s fee for preparing same is allowed as an outlay, per 1250 words	0.75
6.	Certifying or signing a document	0.75
Communications	Communications
7.	Formal written communications	0.5
8.	Other written communications, per 125 words	1.25
9.	Lengthy telephone calls, to be charged at attendance rate
10.	Other telephone calls	0.75
The process	The process
11.	Making up and lodging process	1.25
12.	Each necessary lodging in process, uplifting and borrowing from process and return of borrowed item	1.25
Citation and service	Citation and service
13.	Each citation of party, witness or haver, to include completion of all associated forms and certificate of citation	1.25
14.	Instructing officers to serve, execute or intimate any document, including examining execution and settling fee	1.25
15.	Accepting service	1.25

SCHEDULE 2 — TABLES OF INCLUSIVE CHARGES FOR WORK UNDERTAKEN BY SOLICITORS IN PROCEEDINGS IN THE COURT OF SESSION

TABLE 1	TABLE 1
UNDEFENDED ACTIONS	UNDEFENDED ACTIONS
PART 1	PART 1
UNDEFENDED ACTIONS IN WHICH DECREE IN ABSENCE WAS GRANTED IN ACCORDANCE WITH RULE 19.1 OF THE RULES OF THE COURT OF SESSION 1994	UNDEFENDED ACTIONS IN WHICH DECREE IN ABSENCE WAS GRANTED IN ACCORDANCE WITH RULE 19.1 OF THE RULES OF THE COURT OF SESSION 1994
	Units
All work up to and including obtaining extract decree	22.5
PART 2	PART 2
UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSHIP, OR OF SEPARATION, IN WHICH THE FACTS SET OUT IN SECTION 1(2)(a) OR (b) OF THE DIVORCE (SCOTLAND) ACT 1976 OR IN SECTION 117(3)(a) OF THE CIVIL PARTNERSHIP ACT 2004 WERE RELIED ON AND IN WHICH EVIDENCE WAS GIVEN BY AFFIDAVIT ALONE	UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSHIP, OR OF SEPARATION, IN WHICH THE FACTS SET OUT IN SECTION 1(2)(a) OR (b) OF THE DIVORCE (SCOTLAND) ACT 1976 OR IN SECTION 117(3)(a) OF THE CIVIL PARTNERSHIP ACT 2004 WERE RELIED ON AND IN WHICH EVIDENCE WAS GIVEN BY AFFIDAVIT ALONE
	Units
All work up to and including obtaining extract decree	95
Further charge where decree granted in respect of a conclusion relating to an ancillary matter	25
Further charge where the pursuer was represented by a solicitor in Edinburgh and a solicitor outside Edinburgh, and the Auditor is satisfied that it was appropriate for the pursuer to be so represented	22.5
PART 3	PART 3
UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSHIP, OR OF SEPARATION, IN WHICH THE FACTS SET OUT IN SECTION 1(1)(b), (2)(d) or (2)(e) OF THE DIVORCE (SCOTLAND) ACT 1976 OR IN SECTION 117(2)(b), (3)(c) or (3)(d) OF THE CIVIL PARTNERSHIP ACT 2004 WERE RELIED ON AND IN WHICH EVIDENCE WAS GIVEN BY AFFIDAVIT ALONE	UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSHIP, OR OF SEPARATION, IN WHICH THE FACTS SET OUT IN SECTION 1(1)(b), (2)(d) or (2)(e) OF THE DIVORCE (SCOTLAND) ACT 1976 OR IN SECTION 117(2)(b), (3)(c) or (3)(d) OF THE CIVIL PARTNERSHIP ACT 2004 WERE RELIED ON AND IN WHICH EVIDENCE WAS GIVEN BY AFFIDAVIT ALONE
	Units
All work up to and including obtaining extract decree	70
Further charge where decree granted in respect of a conclusion relating to an ancillary matter	25
Further charge where the pursuer was represented by a solicitor in Edinburgh and a solicitor outside Edinburgh, and the Auditor is satisfied that it was appropriate for the pursuer to be so represented	22.5
PART 4	PART 4
UNDEFENDED ACTIONS SUBJECT TO SECTION 8(1) OF THE CIVIL EVIDENCE (SCOTLAND) ACT 1988 IN WHICH DECREE WAS GRANTED FOLLOWING A PAROLE PROOF	UNDEFENDED ACTIONS SUBJECT TO SECTION 8(1) OF THE CIVIL EVIDENCE (SCOTLAND) ACT 1988 IN WHICH DECREE WAS GRANTED FOLLOWING A PAROLE PROOF
	Units
1. Instruction
All work (apart from precognitions) up to and including the calling of the summons	30
2. Amendment
(a) Where summons amended, re-service is not ordered and motion is not starred	5
(b) Where summons amended, re-service is not ordered and motion is starred	6.25
(c) Where summons amended and re-service is ordered	7.5
3. Incidental procedure
Fixing diet, enrolling action, preparing for proof, citing witnesses etc.	17.5
4. Commission to take evidence on interrogatories
(a) All work (except as otherwise provided for) up to and including lodging of completed interrogatories	7.5
(b) Attendance at execution of commission (if required), per 6 minutes	1
(c) Charge for completed interrogatories, per 250 words	1.25
5. Commission to take evidence on open commission
(a) All work up to and including lodging of report of commission, other than attendance at execution of commission	7.5
(b) Attendance at execution of commission, per 6 minutes	1
6. Other matters
Where applicable, charges under paragraphs 1, 12, 14, 17 and 22 of Table 2 of this schedule
7. Proof and completion
All work (except as otherwise provided for) up to and including obtaining extract decree	22.5
8. Accounts
Framing and lodging account and attending taxation	7.5
TABLE 2	TABLE 2
---	---
DEFENDED ACTIONS (OTHER THAN THOSE TO WHICH TABLE 3 APPLIES)	DEFENDED ACTIONS (OTHER THAN THOSE TO WHICH TABLE 3 APPLIES)
1. Precognitions, affidavits and (where ordered by the court) witness summaries and witness statements	1. Precognitions, affidavits and (where ordered by the court) witness summaries and witness statements
(a) Taking and drawing precognitions, per 250 words	(a) Taking and drawing precognitions, per 250 words
(b) Where a skilled person prepares his or her own precognition or report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words	(b) Where a skilled person prepares his or her own precognition or report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words
(c) Preparation and lodging of affidavits and (where ordered by the court) witness summaries and witness statements, per 250 words	(c) Preparation and lodging of affidavits and (where ordered by the court) witness summaries and witness statements, per 250 words
(d) Perusing opponent’s witness summaries, witness statements and affidavits, per 250 words	(d) Perusing opponent’s witness summaries, witness statements and affidavits, per 250 words
2. Work before commencement of proceedings	2. Work before commencement of proceedings
All work (except as otherwise provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings	All work (except as otherwise provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings
3. Instruction	3. Instruction
(a) All work (apart from precognitions) from commencement until lodgement of open record	(a) All work (apart from precognitions) from commencement until lodgement of open record
(b) Instructing re-service where necessary	(b) Instructing re-service where necessary
(c) If counterclaim lodged, further charge to each party	(c) If counterclaim lodged, further charge to each party
4. Record	4. Record
(a) All work in connection with adjustment and closing of record (including subsequent work in connection with By Order (Adjustment) Roll, except in actions proceeding under Chapter 42A)—	(a) All work in connection with adjustment and closing of record (including subsequent work in connection with By Order (Adjustment) Roll, except in actions proceeding under Chapter 42A)—
(i)	where cause settled or disposed of before record closed
(ii)	otherwise
(b) If consultation held before record closed, further charges may be allowed as follows—	(b) If consultation held before record closed, further charges may be allowed as follows—
(i)	arranging consultation
(ii)	attendance at consultation, per 6 minutes
(c) Further charge to each existing party for each pursuer, defender or third party brought in before the record is closed (to include necessary amendments)	(c) Further charge to each existing party for each pursuer, defender or third party brought in before the record is closed (to include necessary amendments)
(d) Further charge to each existing party if an additional pursuer, defender or third party is brought in after the record is closed	(d) Further charge to each existing party if an additional pursuer, defender or third party is brought in after the record is closed
(e) Charge to a new pursuer who requires to be brought in as a result of the death of an existing pursuer	(e) Charge to a new pursuer who requires to be brought in as a result of the death of an existing pursuer
5. By Order (Adjustment) Roll in actions proceeding under Chapter 42A	5. By Order (Adjustment) Roll in actions proceeding under Chapter 42A
(a) Preparing for hearing, including instruction of counsel, and attendance not exceeding half an hour	(a) Preparing for hearing, including instruction of counsel, and attendance not exceeding half an hour
(b) Thereafter attendance, per 6 minutes	(b) Thereafter attendance, per 6 minutes
6. Notes of Argument, Statements of Facts or Issues and Notes of Proposals for Further Procedure	6. Notes of Argument, Statements of Facts or Issues and Notes of Proposals for Further Procedure
(a) Instructing, perusing and lodging first Note of Arguments (either party)	(a) Instructing, perusing and lodging first Note of Arguments (either party)
(b) Perusing opponent’s Note of Arguments	(b) Perusing opponent’s Note of Arguments
(c) Instructing, perusing and lodging any further Note of Arguments (either party)	(c) Instructing, perusing and lodging any further Note of Arguments (either party)
(d) Instructing, perusing and lodging (each) Statement of Facts or Issues	(d) Instructing, perusing and lodging (each) Statement of Facts or Issues
(e) Perusing opponent’s Statement of Facts or Issues (each)	(e) Perusing opponent’s Statement of Facts or Issues (each)
(f) Instructing, revising and lodging (each) Note of Proposals for Further Procedure	(f) Instructing, revising and lodging (each) Note of Proposals for Further Procedure
(g) Perusing opponent’s Note of Proposals for Further Procedure (each)	(g) Perusing opponent’s Note of Proposals for Further Procedure (each)
7. Procedure Roll, preliminary, procedural or other hearing	7. Procedure Roll, preliminary, procedural or other hearing
(a) Preparing for hearing including all work, incidental work and instruction of counsel	(a) Preparing for hearing including all work, incidental work and instruction of counsel
(b) Attendance, per 6 minutes	(b) Attendance, per 6 minutes
(c) Advising and work incidental to it	(c) Advising and work incidental to it
8. Adjustment of issues and counter issues	8. Adjustment of issues and counter issues
(a) All work in connection with, and incidental to, the lodging, adjustment and approval of an issue	(a) All work in connection with, and incidental to, the lodging, adjustment and approval of an issue
(b) Further charge to pursuer for considering—	(b) Further charge to pursuer for considering—
(i)	first counter-issue
(ii)	each additional counter-issue
(c) Charge to defender or third party for—	(c) Charge to defender or third party for—
(i)	all work in connection with and incidental to the lodging, adjustment and approval of a counter-issue
(ii)	considering issue where no counter-issue lodged
(iii)	considering each additional counter-issue
9. Incidental Procedure (not chargeable prior to the approval of issue of allowance of proof)	9. Incidental Procedure (not chargeable prior to the approval of issue of allowance of proof)
Fixing diet, obtaining note on the line of evidence etc., borrowing and returning process and all other work prior to the consultation on the sufficiency of evidence	Fixing diet, obtaining note on the line of evidence etc., borrowing and returning process and all other work prior to the consultation on the sufficiency of evidence
10. Amendment of record	10. Amendment of record
(a) Amendment of conclusions only, charge to proposer	(a) Amendment of conclusions only, charge to proposer
(b) Amendment of conclusions only, charge to opponent	(b) Amendment of conclusions only, charge to opponent
(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, charge to proposer	(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, charge to proposer
(d) In same circumstances as set out in sub-paragraph (c), charge to opponent	(d) In same circumstances as set out in sub-paragraph (c), charge to opponent
(e) Amendment of pleadings after record closed, where answers are lodged, charge to proposer and each party lodging answers	(e) Amendment of pleadings after record closed, where answers are lodged, charge to proposer and each party lodging answers
(f) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party	(f) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party
11. Lodging productions	11. Lodging productions
(a) Lodging productions, each inventory	(a) Lodging productions, each inventory
(b) Considering opponent’s productions, each inventory	(b) Considering opponent’s productions, each inventory
12. Miscellaneous motions and minutes where not otherwise covered by this table	12. Miscellaneous motions and minutes where not otherwise covered by this table
(a) Where attendance of counsel and/or solicitor not required	(a) Where attendance of counsel and/or solicitor not required
(b) Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel, not exceeding half an hour	(b) Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel, not exceeding half an hour
(c) Thereafter attendance, per additional 6 minutes	(c) Thereafter attendance, per additional 6 minutes
(d) Instructing counsel for a minute (other than a minute ordered by the court), revising and lodging as a separate step in process including any necessary action	(d) Instructing counsel for a minute (other than a minute ordered by the court), revising and lodging as a separate step in process including any necessary action
(e) Perusing a minute of admission or abandonment	(e) Perusing a minute of admission or abandonment
13. Valuation of claim in actions proceeding under Chapter 42A	13. Valuation of claim in actions proceeding under Chapter 42A
(a) Valuation of claim	(a) Valuation of claim
(b) Considering opponent’s valuation of claim	(b) Considering opponent’s valuation of claim
14. Specification of documents or property	14. Specification of documents or property
(a) Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor	(a) Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor
(b) Charge to opponent	(b) Charge to opponent
(c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparation for commission	(c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparation for commission
(d) Charge to opponent	(d) Charge to opponent
(e) Attendance at execution of commission, per 6 minutes	(e) Attendance at execution of commission, per 6 minutes
(f) If alternative procedure adopted, charge per person on whom order served	(f) If alternative procedure adopted, charge per person on whom order served
(g) Perusal of documents or inspection of property recovered under a specification (or by informal means) where not otherwise provided for in this Table, per 6 minutes	(g) Perusal of documents or inspection of property recovered under a specification (or by informal means) where not otherwise provided for in this Table, per 6 minutes
15. Commission to take evidence on interrogatories	15. Commission to take evidence on interrogatories
(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories	(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories
(b) Charge to opponent—	(b) Charge to opponent—
(i)	if cross-interrogatories lodged
(ii)	if no cross-interrogatories lodged
(c) In addition to above, charge to each party for completed interrogatories or cross-interrogatories, per 250 words	(c) In addition to above, charge to each party for completed interrogatories or cross-interrogatories, per 250 words
16. Commission to take evidence on open commissions	16. Commission to take evidence on open commissions
(a) Applying for commission up to and including lodging report of commission	(a) Applying for commission up to and including lodging report of commission
(b) Charge to opponent	(b) Charge to opponent
(c) Further charge for attendance at execution of commission, per 6 minutes	(c) Further charge for attendance at execution of commission, per 6 minutes
17. Reports obtained under order of court excluding Auditor’s report	17. Reports obtained under order of court excluding Auditor’s report
(a) All work incidental to the report	(a) All work incidental to the report
(b) Further charge for perusal of report, per 6 minutes	(b) Further charge for perusal of report, per 6 minutes
18. Preparation for proof or jury trial	18. Preparation for proof or jury trial
To include fixing consultation on the sufficiency of evidence, citing witnesses, all work checking and writing up process and preparing for proof or jury trial—	To include fixing consultation on the sufficiency of evidence, citing witnesses, all work checking and writing up process and preparing for proof or jury trial—
(a) if action settled before proof or jury trial, or lasts only one day, to include, where applicable, instruction of counsel	(a) if action settled before proof or jury trial, or lasts only one day, to include, where applicable, instruction of counsel
(b) for each day or part of day after the first, including instruction of counsel	(b) for each day or part of day after the first, including instruction of counsel
(c) preparing for adjourned diets and all work incidental to it as in sub-paragraph(a), if adjourned for more than five days	(c) preparing for adjourned diets and all work incidental to it as in sub-paragraph(a), if adjourned for more than five days
(d) if consultation held before proof or jury trial, attendance, per 6 minutes	(d) if consultation held before proof or jury trial, attendance, per 6 minutes
(e) all work in connection with making up and pagination of joint bundle of medical records in actions proceeding under Chapter 42A	(e) all work in connection with making up and pagination of joint bundle of medical records in actions proceeding under Chapter 42A
19. Pre-trial meeting	19. Pre-trial meeting
(a) Arranging pre-trial meeting (each occasion)	(a) Arranging pre-trial meeting (each occasion)
(b) Preparing for pre-trial meeting	(b) Preparing for pre-trial meeting
(c) Preparing for continued pre-trial meeting (each occasion)	(c) Preparing for continued pre-trial meeting (each occasion)
(d) Attending pre-trial meeting, per 6 minutes	(d) Attending pre-trial meeting, per 6 minutes
(e) Joint Minute of pre-trial meeting	(e) Joint Minute of pre-trial meeting
20. Settlement	20. Settlement
(a) Judicial tender or pursuer’s offer—	(a) Judicial tender or pursuer’s offer—
(i)	lodging or considering first tender or pursuer’s offer
(ii)	lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings
(iii)	considering each further tender or pursuer’s offer
(iv)	if tender accepted, further charge to each accepting party
(v)	if pursuer’s offer accepted, further charge to offering party
(b) Extra-judicial settlement – advising on, negotiating and agreeing extra-judicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute	(b) Extra-judicial settlement – advising on, negotiating and agreeing extra-judicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute
(c) The Auditor may allow a charge in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement	(c) The Auditor may allow a charge in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement
(d) If consultation held to consider tender, pursuer’s offer, extra-judicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance, per 6 minutes	(d) If consultation held to consider tender, pursuer’s offer, extra-judicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance, per 6 minutes
21. Hearing limitation fee	21. Hearing limitation fee
To include all work undertaken with a view to limiting the matters in dispute or limiting the scope of any hearing, and including exchanging documents, precognitions and expert reports, agreeing any fact, statement or document, and preparing and lodging any joint minute	To include all work undertaken with a view to limiting the matters in dispute or limiting the scope of any hearing, and including exchanging documents, precognitions and expert reports, agreeing any fact, statement or document, and preparing and lodging any joint minute
22. Proof or jury trial	22. Proof or jury trial
Attendance, per 6 minutes	Attendance, per 6 minutes
23. Accounts	23. Accounts
(a) Preparation and lodging of judicial account, to include production of vouchers and adjustment of expenses	(a) Preparation and lodging of judicial account, to include production of vouchers and adjustment of expenses
(b) Preparing for taxation, per 6 minutes	(b) Preparing for taxation, per 6 minutes
(c) Attendance at taxation, per 6 minutes	(c) Attendance at taxation, per 6 minutes
24. Ordering and obtaining extract	24. Ordering and obtaining extract
25. Final procedure	25. Final procedure
All work to close of cause so far as not otherwise provided for—	All work to close of cause so far as not otherwise provided for—
(a) if case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial	(a) if case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial
(b) in any other case	(b) in any other case
TABLE 3	TABLE 3
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DEFENDED PERSONAL INJURIES ACTIONS	DEFENDED PERSONAL INJURIES ACTIONS
1. Precognitions/Expert Reports	1. Precognitions/Expert Reports
(a) Taking and drawing precognitions, per 250 words	(a) Taking and drawing precognitions, per 250 words
(b) Where a skilled person prepares his or her own precognition or report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words	(b) Where a skilled person prepares his or her own precognition or report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words
2. Work before commencement of proceedings	2. Work before commencement of proceedings
All work (except as otherwise provided for in this Table) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings particularly to include communications between parties in relation to areas of medical/quantum/discussion regarding settlement	All work (except as otherwise provided for in this Table) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings particularly to include communications between parties in relation to areas of medical/quantum/discussion regarding settlement
3. Instruction	3. Instruction
(a) All work (except as otherwise specifically provided for in this Table) from commencement to lodging of defences	(a) All work (except as otherwise specifically provided for in this Table) from commencement to lodging of defences
(b) Further charge in the event of the summons being drafted without the assistance of counsel	(b) Further charge in the event of the summons being drafted without the assistance of counsel
(c) Specification of documents per Form 43.2-B	(c) Specification of documents per Form 43.2-B
(d) Charge to opponent for considering specification of documents	(d) Charge to opponent for considering specification of documents
(e) Instructing re-service where necessary	(e) Instructing re-service where necessary
(f) If counterclaim lodged, further charge to each party to include Answers	(f) If counterclaim lodged, further charge to each party to include Answers
(g) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission	(g) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission
(h) Charge to opponent where commission arranged	(h) Charge to opponent where commission arranged
(i) Attendance at execution of commission, per 6 minutes	(i) Attendance at execution of commission, per 6 minutes
(j) If alternative procedure adopted, charge per person on whom order served	(j) If alternative procedure adopted, charge per person on whom order served
(k) Perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in this Table, per 6 minutes	(k) Perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in this Table, per 6 minutes
4. Record	4. Record
(a) All work in connection with adjustment and closing of record—	(a) All work in connection with adjustment and closing of record—
(i)	where cause settled or disposed of before record closed
(ii)	otherwise
(b) If consultation held before record closed, further charges may be allowed as follows—	(b) If consultation held before record closed, further charges may be allowed as follows—
(i)	arranging consultation
(ii)	attendance at consultation, per 6 minutes
(c) Further charge to each existing party for each pursuer, defender or third party brought in before the record is closed (to include necessary amendments)	(c) Further charge to each existing party for each pursuer, defender or third party brought in before the record is closed (to include necessary amendments)
(d) Further charge to each existing party if an additional pursuer, defender or third party is brought in after the record is closed	(d) Further charge to each existing party if an additional pursuer, defender or third party is brought in after the record is closed
(e) Charge to a new pursuer who requires to be brought in as a result of the death of an existing pursuer	(e) Charge to a new pursuer who requires to be brought in as a result of the death of an existing pursuer
5. Notes of arguments	5. Notes of arguments
(a) Instructing, perusing and lodging first Note of Arguments, where ordained by the Court (either party)	(a) Instructing, perusing and lodging first Note of Arguments, where ordained by the Court (either party)
(b) Perusing opponent’s Note of Arguments	(b) Perusing opponent’s Note of Arguments
(c) Instructing, perusing and lodging any further Note of Arguments, where ordained by the Court (either party)	(c) Instructing, perusing and lodging any further Note of Arguments, where ordained by the Court (either party)
6. Adjustment of issues and counter-issues	6. Adjustment of issues and counter-issues
(a) All work in connection with, and incidental to, the lodging, adjustment and approval of an issue	(a) All work in connection with, and incidental to, the lodging, adjustment and approval of an issue
(b) Further charge to pursuer for considering—	(b) Further charge to pursuer for considering—
(i)	first counter-issue
(ii)	each additional counter-issue
(c) Charge to defender or third party for—	(c) Charge to defender or third party for—
(i)	all work in connection with and incidental to the lodging, adjustment and approval of a counter-issue
(ii)	considering issue where no counter-issue lodged
(iii)	considering each additional counter-issue
7. Incidental procedure (not chargeable prior to the approval of issue of allowance of proof)	7. Incidental procedure (not chargeable prior to the approval of issue of allowance of proof)
Fixing diet, obtaining note on the line of evidence etc., borrowing and returning process and all other work prior to the consultation on the sufficiency of evidence	Fixing diet, obtaining note on the line of evidence etc., borrowing and returning process and all other work prior to the consultation on the sufficiency of evidence
8. Amendment of record	8. Amendment of record
(a) Amendment of conclusions only, charge to proposer	(a) Amendment of conclusions only, charge to proposer
(b) Amendment of conclusions only, charge to opponent	(b) Amendment of conclusions only, charge to opponent
(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, charge to proposer	(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, charge to proposer
(d) In same circumstances as set out in sub-paragraph (c), charge to opponent	(d) In same circumstances as set out in sub-paragraph (c), charge to opponent
(e) Amendment of pleadings after record closed, where answers are lodged, charge to proposer and each party lodging answers	(e) Amendment of pleadings after record closed, where answers are lodged, charge to proposer and each party lodging answers
(f) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party	(f) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party
9. Lodging productions	9. Lodging productions
(a) Lodging productions, each inventory	(a) Lodging productions, each inventory
(b) Considering opponent’s productions, each inventory	(b) Considering opponent’s productions, each inventory
10. By Order Roll/variation of timetable order/adjustment on final decree/interim payment of damages	10. By Order Roll/variation of timetable order/adjustment on final decree/interim payment of damages
(a) Preparing for hearing, including instruction of counsel, and attendance not exceeding half an hour	(a) Preparing for hearing, including instruction of counsel, and attendance not exceeding half an hour
(b) Thereafter attendance, per 6 minutes	(b) Thereafter attendance, per 6 minutes
(c) In the event of a separate Advising/Opinion, all work incidental thereto	(c) In the event of a separate Advising/Opinion, all work incidental thereto
11. Miscellaneous motions and minutes where not otherwise covered by this Table	11. Miscellaneous motions and minutes where not otherwise covered by this Table
(a) Where attendance of counsel and/or solicitor not required	(a) Where attendance of counsel and/or solicitor not required
(b) Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel, not exceeding half an hour	(b) Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel, not exceeding half an hour
(c) Thereafter attendance, per 6 minutes	(c) Thereafter attendance, per 6 minutes
(d) Instructing counsel for a minute/note on further procedure (if applicable), revising and lodging as a separate step in process including any necessary action	(d) Instructing counsel for a minute/note on further procedure (if applicable), revising and lodging as a separate step in process including any necessary action
(e) Perusing a minute of admission or abandonment, a note ordered by the court, or a notice of grounds	(e) Perusing a minute of admission or abandonment, a note ordered by the court, or a notice of grounds
12. Valuation of claim	12. Valuation of claim
(a) Statement of valuation of claim	(a) Statement of valuation of claim
(b) Considering opponent’s statement of valuation of claim	(b) Considering opponent’s statement of valuation of claim
13. Specification of documents or property (if further specification considered necessary)	13. Specification of documents or property (if further specification considered necessary)
(a) Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor	(a) Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor
(b) Charge to opponent	(b) Charge to opponent
(c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparation for commission	(c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparation for commission
(d) Charge to opponent	(d) Charge to opponent
(e) Attendance at execution of commission, per 6 minutes	(e) Attendance at execution of commission, per 6 minutes
(f) If alternative procedure adopted, charge per person on whom order served	(f) If alternative procedure adopted, charge per person on whom order served
(g) Perusal of documents or inspection of property recovered under a specification (or by informal means) where not otherwise provided for in this Table, per 6 minutes	(g) Perusal of documents or inspection of property recovered under a specification (or by informal means) where not otherwise provided for in this Table, per 6 minutes
14. Commission to take evidence on interrogatories	14. Commission to take evidence on interrogatories
(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories	(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories
(b) Charge to opponent—	(b) Charge to opponent—
(i)	if cross-interrogatories lodged
(ii)	if no cross-interrogatories lodged
(c) In addition to above, charge to each party for completed interrogatories or cross-interrogatories, per 250 words	(c) In addition to above, charge to each party for completed interrogatories or cross-interrogatories, per 250 words
15. Commission to take evidence on open commission	15. Commission to take evidence on open commission
(a) Applying for commission up to and including lodging report of commission	(a) Applying for commission up to and including lodging report of commission
(b) Charge to opponent	(b) Charge to opponent
(c) Further charge for attendance at execution of commission, per 6 minutes	(c) Further charge for attendance at execution of commission, per 6 minutes
16. Reports obtained under order of court excluding Auditor’s report	16. Reports obtained under order of court excluding Auditor’s report
(a) All work incidental to the report	(a) All work incidental to the report
(b) Further charge for perusal of report, per 6 minutes	(b) Further charge for perusal of report, per 6 minutes
17. Preparation for proof or jury trial	17. Preparation for proof or jury trial
To include fixing consultation on the sufficiency of evidence, citing witnesses, all work checking and writing up process and preparing for proof or jury trial—	To include fixing consultation on the sufficiency of evidence, citing witnesses, all work checking and writing up process and preparing for proof or jury trial—
(a) if action settled before proof or jury trial, or lasts only one day, to include, where applicable, instruction of counsel	(a) if action settled before proof or jury trial, or lasts only one day, to include, where applicable, instruction of counsel
(b) for each day or part of day after the first, including instruction of counsel	(b) for each day or part of day after the first, including instruction of counsel
(c) preparing for adjourned diets and all work incidental to it as in sub-paragraph(a), if adjourned for more than five days	(c) preparing for adjourned diets and all work incidental to it as in sub-paragraph(a), if adjourned for more than five days
(d) if consultation held before proof or jury trial, attendance, per 6 minutes	(d) if consultation held before proof or jury trial, attendance, per 6 minutes
18. Pre-trial meeting	18. Pre-trial meeting
(a) Arranging pre-trial meeting (each occasion)	(a) Arranging pre-trial meeting (each occasion)
(b) Preparing for pre-trial meeting	(b) Preparing for pre-trial meeting
(c) Preparing for continued pre-trial meeting (each occasion)	(c) Preparing for continued pre-trial meeting (each occasion)
(d) Attending pre-trial meeting, per 6 minutes	(d) Attending pre-trial meeting, per 6 minutes
(e) Joint Minute of pre-trial meeting	(e) Joint Minute of pre-trial meeting
19. Settlement	19. Settlement
(a) Judicial tender or pursuer’s offer—	(a) Judicial tender or pursuer’s offer—
(i)	lodging or considering first tender or pursuer’s offer
(ii)	lodging each further tender or pursuer’s offer, subject to the Auditor being satisfied that the tender or offer was a genuine attempt to settle the proceedings
(iii)	considering each further tender or pursuer’s offer
(iv)	if tender accepted, further charge to each accepting party
(v)	if pursuer’s offer accepted, further charge to offering party
(b) Extra-judicial settlement – advising on, negotiating and agreeing extra-judicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute	(b) Extra-judicial settlement – advising on, negotiating and agreeing extra-judicial settlement (not based on judicial tender or pursuer’s offer) to include preparation and lodging of joint minute
(c) The Auditor may allow a charge in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement	(c) The Auditor may allow a charge in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement
(d) If consultation held to consider tender, pursuer’s offer, extra-judicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance, per 6 minutes	(d) If consultation held to consider tender, pursuer’s offer, extra-judicial settlement or with a view to settlement (whether or not settlement is in fact agreed), attendance, per 6 minutes
20. Hearing limitation fee	20. Hearing limitation fee
For any work undertaken to limit matters in dispute not otherwise provided for – subject to details being provided	For any work undertaken to limit matters in dispute not otherwise provided for – subject to details being provided
21. Proof or jury trial	21. Proof or jury trial
Attendance, per 6 minutes	Attendance, per 6 minutes
22. Accounts	22. Accounts
(a) Preparation and lodging of judicial account, to include production of vouchers and adjustment of expenses	(a) Preparation and lodging of judicial account, to include production of vouchers and adjustment of expenses
(b) Preparing for taxation, per 6 minutes	(b) Preparing for taxation, per 6 minutes
(c) Attendance at taxation, per 6 minutes	(c) Attendance at taxation, per 6 minutes
23. Ordering and obtaining extract	23. Ordering and obtaining extract
24. Final procedure	24. Final procedure
All work to close of cause so far as not otherwise provided for—	All work to close of cause so far as not otherwise provided for—
(a) if case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial	(a) if case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial
(b) in any other case	(b) in any other case
TABLE 4	TABLE 4
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OUTER HOUSE PETITIONS	OUTER HOUSE PETITIONS
	Units
1. Unopposed petition
(a) All work, including precognitions, up to and obtaining extract decree	45
(b) Where the party has been represented by an Edinburgh solicitor and a solicitor outside Edinburgh, the Auditor may, if satisfied that it was appropriate for the party to be so represented, allow a charge of	60
2. Opposed petition
(a) All work (other than precognitions) up to and including lodging petition, obtaining and executing warrant for service	35
(b) Where applicable, charges under paragraphs 1, 2, 4, 6(a) – (e), 7, 9, 10, 11, 12 and 14 – 25 of Table 2 of this schedule
3. Reports in opposed petitions
(a) Each report by the Accountant of Court	5
(b) Any other report, as under paragraph 17 of Table 2 of this schedule
4. Obtaining a bond of caution	5
TABLE 5	TABLE 5
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INNER HOUSE BUSINESS	INNER HOUSE BUSINESS
	Units
1. Reclaiming motions
(a) Charge to reclaimer for all work (except as otherwise provided for in this Table) up to interlocutor sending cause to Summar Roll	15
(b) Charge to respondent	7.5
(c) Further charge to each party for preparing or reviewing every 50 pages of Appendix	6.25
2. Appeals from inferior courts
(a) Charge to appellant	17.5
(b) Charge to respondent	8.75
(c) Further charge to each party for preparing or reviewing every 50 pages of Appendix	6.25
3. Special cases, Inner House petitions and appeals other than under paragraph 2 of this Table
According to circumstances of the case.
4. Note of objection
(a) Instructing, perusing and lodging note of objection	10
(b) Perusing opponent’s note of objection	5
(c) Where attendance of counsel inclusive of instruction of counsel, not exceeding half an hour	7.5
(d) Thereafter attendance, per 6 minutes	1
5. Grounds of appeal or cross appeal
(a) Instructing, perusing and lodging grounds of appeal or cross appeal	10
(b) Perusing opponent’s note of appeal or cross appeal	5
6. Incidental procedure
All work in connection with noting remittance of cause to Summar Roll and fixing of Summar Roll hearing	10
7. Summar Roll
(a) Preparing for hearing and instructing counsel including instructing and lodging lists of authorities and notes of arguments	15
(b) Attendance, per 6 minutes	1
8. Obtaining a bond of caution	6.25
9. Other matters
Where applicable, charges under Table 2 of this schedule

SCHEDULE 3 — TABLES OF INCLUSIVE CHARGES FOR WORK UNDERTAKEN BY SOLICITORS IN PROCEEDINGS IN THE SHERIFF APPEAL COURT UNDER THE ACT OF SEDERUNT (SHERIFF APPEAL COURT RULES) 2015

TABLE 1	TABLE 1
APPEALS UNDER THE STANDARD APPEAL PROCEDURE OR THE ACCELERATED APPEAL PROCEDURE	APPEALS UNDER THE STANDARD APPEAL PROCEDURE OR THE ACCELERATED APPEAL PROCEDURE
	Units
Initiation of appeal
1. All work (except appearances) up to appointment of appeal to standard appeal procedure or accelerated appeal procedure—
(a) charge for appellant	25
(b) charge for respondent	12.5
Cross appeals
2. Preparing and lodging—
(a) grounds of appeal	10
(b) answers to grounds of appeal	10
3. Considering opponent’s grounds of appeal or answers to grounds of appeal	5
Referral of questions about competency of appeal
4. Preparing and lodging reference	10
5. Considering opponent’s reference	5
6. Preparing and lodging note of argument	10
Lodging documents prior to procedural hearing
7. Lodging all necessary documents (except appendix) as required by the timetable	10
8. Preparing or revising appendix, per 50 pages	6.25
Conduct of and attendance at hearings
9. Conducting or attending any hearing, per 6 minutes	1
Note: Paragraph 9 does not apply where any other paragraphs in this Part specifies that it includes initial attendance at court, unless that hearing is continued.
Preparation for appeal hearing
10. Preparing for appeal hearing where counsel not instructed to conduct the hearing	20
Motions and minutes
11. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
12. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
Amendment of pleadings
13. Preparing and lodging motion to amend	10
14. Considering opponent’s motion to amend	7.5
15. Preparing and lodging opposition to motion	5
16. Considering opponent’s opposition to motion	5
Withdrawal of solicitors
17. All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing	10
Expenses
18. Preparing and lodging account of expenses	15
19. Attendance at taxation, per 6 minutes	1
Instruction of counsel
20. Instructing counsel to attend court to conduct a hearing (to include solicitor’s preparation for the hearing)	12.5
21. Arranging and attending consultation with counsel—
(a) where total time engaged does not exceed one hour	12.5
(b) for each additional 6 minutes	1
TABLE 2	TABLE 2
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APPLICATIONS FOR NEW TRIAL OR TO ENTER JURY VERDICT	APPLICATIONS FOR NEW TRIAL OR TO ENTER JURY VERDICT
	Units
Initiation of application
1. All work (except appearances) up to issue of timetable—
(a) charge for applicant	25
(b) charge for respondent	12.5
Referral of questions about competency of application
2. Preparing and lodging reference	10
3. Considering opponent’s reference	5
4. Preparing and lodging note of argument	10
Lodging documents prior to procedural hearing
5. Lodging all necessary documents (except appendix) as required by the timetable	10
6. Preparing or revising appendix, per 50 pages	6.25
Conduct of and attendance at hearings
7. Conducting or attending any hearing, per 6 minutes	1
Note: Paragraph 7 does not apply where any other paragraph in this Part specifies that it includes initial attendance at court, unless that hearing is continued.
Preparation for hearing required to dispose of application
8. Preparing for hearing required to dispose of application where counsel not instructed to conduct the hearing	20
Motions and minutes
9. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
10. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
Amendment of pleadings
11. Preparing and lodging motion to amend	10
12. Considering opponent’s motion to amend	7.5
13. Preparing and lodging opposition to motion	5
14. Considering opponent’s opposition to motion	5
Withdrawal of solicitors
15. All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing	10
Expenses
16. Preparing and lodging account of expenses	15
17. Attendance at taxation, per 6 minutes	1
Instruction of counsel
18. Instructing counsel to attend court to conduct a hearing (to include solicitor’s preparation for the hearing)	12.5
19. Arranging and attending consultation with counsel
(a) where total time engaged does not exceed one hour	12.5
(b) for each additional 6 minutes	1
TABLE 3	TABLE 3
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APPEALS FROM SIMPLE PROCEDURE CASES	APPEALS FROM SIMPLE PROCEDURE CASES
	Units
Preparation for hearing required to dispose of appeal
1. Preparing for hearing under rule 29.4 of the Sheriff Appeal Court Rules (or rule16.4 of the Simple Procedure Rules) where counsel not instructed to conduct the hearing	20
Conduct of and attendance at hearings
2. Conducting or attending any hearing, per 6 minutes	1
Note: Paragraph2 does not apply where any other paragraph in this Part specifies that it includes initial attendance at court, unless that hearing is continued.
Motions and minutes
3. Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
4. Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing—
(a) where opposed	12.5
(b) where unopposed	5
Withdrawal of solicitors
5. All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing	10
Expenses
6. Preparing and lodging account of expenses	15
7. Attendance at taxation, per 6 minutes	1
Instruction of counsel
8. Instructing counsel to attend court to conduct a hearing (to include solicitor’s preparation for the hearing)	12.5
9. Arranging and attending consultation with advocate or solicitor advocate
(a) where total time engaged does not exceed one hour	12.5
(b) for each additional 6 minutes	1

SCHEDULE 4 — TABLES OF INCLUSIVE CHARGES FOR WORK UNDERTAKEN BY SOLICITORS IN ORDINARY CAUSES IN THE SHERIFF COURT