LegalizeAct of Sederunt (Taxation of Judicial Expenses Rules) 2019
| TABLE 1 | TABLE 1 |
|---|---|
| UNDEFENDED ACTIONS | UNDEFENDED ACTIONS |
| PART 1 | PART 1 |
| UNDEFENDED ACTIONS IN WHICH DECREE WAS GRANTED IN ACCORDANCE WITH RULE 7.2 OR 7.3 OF THE ORDINARY CAUSE RULES 1993 | UNDEFENDED ACTIONS IN WHICH DECREE WAS GRANTED IN ACCORDANCE WITH RULE 7.2 OR 7.3 OF THE ORDINARY CAUSE RULES 1993 |
| Units | |
| 1. All work up to and including obtaining extract decree— | |
| (a) where settlement is effected after service of a writ but before the expiry of the period of notice | 15 |
| (b) otherwise | 17.5 |
| Further charge where a court appearance is necessary because of an application for a time to pay direction | 3.75 |
| PART 2 | PART 2 |
| UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSIP, 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 PARTNERSIP, 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 | 96.25 |
| Further charge where decree granted in respect of a crave relating to an ancillary matter | 25 |
| PART 3 | PART 3 |
| UNDEFENDED ACTIONS OF DIVORCE OR DISSOLUTION OF CIVIL PARTNERSIP, 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 PARTNERSIP, 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 | 71.5 |
| Further charge where decree granted in respect of a crave relating to an ancillary matter | 25 |
| PART 4 | PART 4 |
| UNDEFENDED ACTIONS SUBJECT TO SECTION 8(1) OF THE CIVIL EVIDENCE (SCOTLAND) ACT 1988 IN WHICH DECREEE WAS GRANTED FOLLOWING A PAROLE PROOF | UNDEFENDED ACTIONS SUBJECT TO SECTION 8(1) OF THE CIVIL EVIDENCE (SCOTLAND) ACT 1988 IN WHICH DECREEE WAS GRANTED FOLLOWING A PAROLE PROOF |
| Units | |
| All work up to and including obtaining extract decree | 71.5 |
| TABLE 2 | TABLE 2 |
| --- | --- |
| DEFENDED ORDINARY ACTIONS (OTHER THAN THOSE TO WHICH TABLE 3 APPLIES) | DEFENDED ORDINARY ACTIONS (OTHER THAN THOSE TO WHICH TABLE 3 APPLIES) |
| 1. Precognitions, reports and affidavits | 1. Precognitions, reports and affidavits |
| (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) All work in connection with preparation and lodging of affidavits, per 250 words | (c) All work in connection with preparation and lodging of affidavits, per 250 words |
| 2. Work before commencement of proceedings – other than Commercial Actions | 2. Work before commencement of proceedings – other than Commercial Actions |
| All work (except as otherwise specifically 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 specifically provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings |
| 3. Work before commencement of proceedings – Commercial Actions | 3. Work before commencement of proceedings – Commercial Actions |
| All work (except as otherwise specifically provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings in a commercial action | All work (except as otherwise specifically provided for) which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings in a commercial action |
| 4. Instruction | 4. Instruction |
| (a) All work (except as otherwise specifically provided for) from commencement to the lodging of defences | (a) All work (except as otherwise specifically provided for) from commencement to the lodging of defences |
| (b) Instructing re-service by sheriff officers where necessary | (b) Instructing re-service by sheriff officers where necessary |
| (c) Further charge where counterclaim lodged | (c) Further charge where counterclaim lodged |
| 5. Case Management Conference – Commercial Action | 5. Case Management Conference – Commercial Action |
| (a) Preparation for first case management conference | (a) Preparation for first case management conference |
| (b) Preparation for each subsequent conference | (b) Preparation for each subsequent conference |
| (c) Time engaged at conference, per 6 minutes | (c) Time engaged at conference, per 6 minutes |
| (d) Waiting time, per 6 minutes | (d) Waiting time, per 6 minutes |
| Note: | Note: |
| Where case management conference takes place by way of telephone or other remote means the foregoing charges will apply. | Where case management conference takes place by way of telephone or other remote means the foregoing charges will apply. |
| 6. Adjustment | 6. Adjustment |
| (a) All work (except as otherwise specifically provided for) in connection with the adjustment of the record including making up and lodging certified copy record— | (a) All work (except as otherwise specifically provided for) in connection with the adjustment of the record including making up and lodging certified copy record— |
| (i) | where cause settled or disposed of before expiry of adjustment period |
| (ii) | otherwise |
| (b) Further charge to each existing party for each pursuer, defender or third party brought in before the Options Hearing | (b) Further charge to each existing party for each pursuer, defender or third party brought in before the Options Hearing |
| (c) Further charge to each existing party for each pursuer, defender or third party brought in after the Options Hearing | (c) Further charge to each existing party for each pursuer, defender or third party brought in after the Options Hearing |
| 7. Note of arguments – Commercial Actions | 7. Note of arguments – Commercial Actions |
| (a) Lodging and intimating, or considering first Note of Arguments | (a) Lodging and intimating, or considering first Note of Arguments |
| (b) Each Note lodged thereafter | (b) Each Note lodged thereafter |
| 8. Options Hearing or Child Welfare Hearing | 8. Options Hearing or Child Welfare Hearing |
| Preparation for and conduct of each Options Hearing or Child Welfare Hearing, to include noting interlocutor— | Preparation for and conduct of each Options Hearing or Child Welfare Hearing, to include noting interlocutor— |
| (a) where initial hearing does not exceed half an hour | (a) where initial hearing does not exceed half an hour |
| (b) thereafter, per 6 minutes | (b) thereafter, per 6 minutes |
| (c) where hearing continued, for each continued hearing that does not exceed half an hour | (c) where hearing continued, for each continued hearing that does not exceed half an hour |
| (d) thereafter, per 6 minutes | (d) thereafter, per 6 minutes |
| (e) lodging and intimating or considering note of basis of preliminary plea, for each note lodged | (e) lodging and intimating or considering note of basis of preliminary plea, for each note lodged |
| 9. Additional Procedure | 9. Additional Procedure |
| All work subsequent to Options Hearing including preparation for and attendance at procedural hearing— | All work subsequent to Options Hearing including preparation for and attendance at procedural hearing— |
| (a) where initial hearing does not exceed half an hour | (a) where initial hearing does not exceed half an hour |
| (b) thereafter, per 6 minutes | (b) thereafter, per 6 minutes |
| 10. Procedural Hearing in actions proceeding under Chapter 36A | 10. Procedural Hearing in actions proceeding under Chapter 36A |
| Preparation for and conduct of Procedural Hearing— | Preparation for and conduct of Procedural Hearing— |
| (a) where hearing does not exceed half an hour | (a) where hearing does not exceed half an hour |
| (b) thereafter, per 6 minutes | (b) thereafter, per 6 minutes |
| 11. Debate (other than on evidence) | 11. Debate (other than on evidence) |
| (a) Where counsel not employed— | (a) Where counsel not employed— |
| (i) | preparation for, and all work in connection with, any hearing or debate other than on evidence |
| (ii) | conduct of debate, per 6 minutes |
| (b) Where counsel employed, appearance with counsel, per 6 minutes | (b) Where counsel employed, appearance with counsel, per 6 minutes |
| (c) Waiting time, per 6 minutes | (c) Waiting time, per 6 minutes |
| 12. Adjustment of issues and counter issues | 12. 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 |
| 13. Incidental Procedure (not chargeable prior to allowance of proof or jury trial) | 13. Incidental Procedure (not chargeable prior to allowance of proof or jury trial) |
| All work in connection with noting diet of proof or jury trial and— | All work in connection with noting diet of proof or jury trial and— |
| (a) preparing note on line of evidence; or | (a) preparing note on line of evidence; or |
| (b) instructing counsel to prepare a note on line of evidence | (b) instructing counsel to prepare a note on line of evidence |
| 14. Amendment of Record | 14. Amendment of Record |
| (a) Charge to proposer— | (a) Charge to proposer— |
| (i) | drawing, intimating and lodging minute of amendment and relative motion |
| (ii) | perusal of answers |
| (iii) | any court appearance necessary, per 6 minutes |
| (b) Charge to opponent— | (b) Charge to opponent— |
| (i) | perusing minute of amendment |
| (ii) | preparation of answers |
| (iii) | any court appearance necessary, per 6 minutes |
| (c) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party | (c) Further charge for adjustment of minute and answers, where applicable, to be allowed to each party |
| 15. Productions | 15. 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 |
| 16. Motions and minutes | 16. Motions and minutes |
| (a) Drawing, intimating and lodging any written motion or minute, including a reponing note, and initial attendance at court (except as otherwise specifically provided for)— | (a) Drawing, intimating and lodging any written motion or minute, including a reponing note, and initial attendance at court (except as otherwise specifically provided for)— |
| (i) | where opposed |
| (ii) | where unopposed (including for each party a joint minute other than under paragraph 26(b)) |
| (b) Considering opponent’s written motion, minute or reponing note, and attendance at court— | (b) Considering opponent’s written motion, minute or reponing note, and attendance at court— |
| (i) | where opposed |
| (ii) | where unopposed |
| 17. Interim Interdict Hearings and other Interim Hearings | 17. Interim Interdict Hearings and other Interim Hearings |
| (a) Preparation for each hearing | (a) Preparation for each hearing |
| (b) Conducting hearing, per 6 minutes | (b) Conducting hearing, per 6 minutes |
| (c) Where counsel employed, appearance with counsel, per 6 minutes | (c) Where counsel employed, appearance with counsel, per 6 minutes |
| (d) Waiting time, per 6 minutes | (d) Waiting time, per 6 minutes |
| 18. Withdrawal of solicitors | 18. Withdrawal of solicitors |
| (a) All work in preparation for any diet fixed under rule 24.2(1) and attendance at first such diet | (a) All work in preparation for any diet fixed under rule 24.2(1) and attendance at first such diet |
| (b) Attendance at each additional diet, per quarter hour | (b) Attendance at each additional diet, per quarter hour |
| 19. Attendance not otherwise provided for | 19. Attendance not otherwise provided for |
| (a) Where hearing does not exceed half an hour | (a) Where hearing does not exceed half an hour |
| (b) Thereafter, per 6 minutes | (b) Thereafter, per 6 minutes |
| 20. Specification of documents or property | 20. Specification of documents or property |
| (a) Drawing, intimating and lodging specification and relative motion— | (a) Drawing, intimating and lodging specification and relative motion— |
| (i) | where motion unopposed |
| (ii) | where motion opposed, further charge for attendance at hearing of motion, per 6 minutes |
| (b) Charge to opponent— | (b) Charge to opponent— |
| (i) | where motion unopposed |
| (ii) | where motion opposed, further charge for attendance at hearing of motion, per 6 minutes |
| (c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparing for commission | (c) Arranging commission, citing havers, instructing commissioner and shorthand writer and preparing 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 optional procedure adopted, charge per person upon whom order is served | (f) If optional procedure adopted, charge per person upon whom order is served |
| (g) Perusal of documents or inspection of property recovered, per 6 minutes | (g) Perusal of documents or inspection of property recovered, per 6 minutes |
| 21. Commissions to take evidence | 21. Commissions to take evidence |
| (a) On interrogatories— | (a) On interrogatories— |
| (i) | applying for commission to include drawing, intimating and lodging motion, drawing and lodging interrogatories, instructing commissioner and all incidental work (except as otherwise specifically provided for), but excluding attendance at execution of commission |
| (ii) | charge to opponent if cross-interrogatories prepared and lodged |
| (iii) | if no cross-interrogatories lodged |
| (b) Open commissions— | (b) Open commissions— |
| (i) | applying for commission to include all work (except as otherwise specifically provided for) up to lodging report of commission but excluding attendance at execution of commission |
| (ii) | charge to opponent |
| (iii) | attendance at execution of commission, per 6 minutes |
| 22. Reports obtained under order of court | 22. Reports obtained under order of court |
| (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 |
| 23. Preparation for proof or jury trial | 23. Preparation for proof or jury trial |
| (a) All work involved in preparing for proof or jury trial (except as otherwise specifically provided for)— | (a) All work involved in preparing for proof or jury trial (except as otherwise specifically provided for)— |
| (i) | if action settled or abandoned not later than 14 days before the diet of proof or jury trial |
| (ii) | in any other case |
| (b) For each day or part day after the first, including instruction of counsel | (b) For each day or part day after the first, including instruction of counsel |
| (c) Preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, for each additional diet | (c) Preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, for each additional diet |
| 24. Valuation of claim in actions proceeding under Chapter 36A | 24. Valuation of claim in actions proceeding under Chapter 36A |
| (a) Preparation of valuation of claim— | (a) Preparation of valuation of claim— |
| (i) | where counsel not employed |
| (ii) | where valuation of claim prepared by counsel |
| (b) Considering opponent’s valuation of claim | (b) Considering opponent’s valuation of claim |
| 25. Pre-trial meeting in actions proceeding under Chapter 36A | 25. Pre-trial meeting in actions proceeding under Chapter 36A |
| (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— |
| (i) | where counsel not employed |
| (ii) | where counsel employed |
| (c) Attending pre-trial meeting, per 6 minutes | (c) Attending pre-trial meeting, per 6 minutes |
| (d) Joint minute of pre-trial meeting | (d) Joint minute of pre-trial meeting |
| Note: where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply. | Note: where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply. |
| 26. Settlements | 26. Settlements |
| (a) Judicial tender or pursuer’s offer— | (a) Judicial tender or pursuer’s offer— |
| (i) | preparing and lodging, or considering first tender or pursuer’s offer |
| (ii) | preparing and 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 to include preparation and lodging of minute of acceptance of tender and attendance at court when decree granted (not including drawing, intimating and lodging any written motion) |
| (v) | if pursuer’s offer accepted, further charge to offering party to include consideration of minute of acceptance and attendance at court when decree granted (not including drawing, intimating and lodging any written motion) |
| (b) Extra-judicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion) | (b) Extra-judicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion) |
| (c) Whether or not charges are payable under (a) or (b) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed | (c) Whether or not charges are payable under (a) or (b) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed |
| 27. Hearing limitation fee | 27. Hearing limitation fee |
| All work (except as otherwise specifically provided for) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute | All work (except as otherwise specifically provided for) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute |
| 28. Proof or jury trial | 28. Proof or jury trial |
| (a) Conduct of proof or jury trial, and debate on evidence if taken at close of proof or jury trial, per 6 minutes | (a) Conduct of proof or jury trial, and debate on evidence if taken at close of proof or jury trial, per 6 minutes |
| (b) If counsel employed, appearing with counsel, per 6 minutes | (b) If counsel employed, appearing with counsel, per 6 minutes |
| (c) Waiting time, per 6 minutes | (c) Waiting time, per 6 minutes |
| 29. Debate on evidence | 29. Debate on evidence |
| (a) Where debate on evidence not taken at conclusion of proof or jury trial, preparing for debate | (a) Where debate on evidence not taken at conclusion of proof or jury trial, preparing for debate |
| (b) Conduct of debate, per 6 minutes | (b) Conduct of debate, per 6 minutes |
| (c) If counsel employed, appearing with counsel, per 6 minutes | (c) If counsel employed, appearing with counsel, per 6 minutes |
| (d) Waiting time, per 6 minutes | (d) Waiting time, per 6 minutes |
| 30. Accounts | 30. 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 |
| 31. Final procedure | 31. Final procedure |
| All work to the conclusion of proceedings so far as not otherwise provided for— | All work to the conclusion of proceedings 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 |
| 32. Instruction of counsel | 32. Instruction of counsel |
| (a) Instructing counsel to revise pleadings | (a) Instructing counsel to revise pleadings |
| (b) Instructing counsel to attend court | (b) Instructing counsel to attend court |
| (c) Arranging and attending consultation with counsel, including consultation held to consider tender, pursuer’s offer or extra-judicial settlement, or with a view to settlement— | (c) Arranging and attending consultation with counsel, including consultation held to consider tender, pursuer’s offer or extra-judicial settlement, or with a view to settlement— |
| (i) | where total time engaged does not exceed one hour |
| (ii) | for each additional 6 minutes |
| TABLE 3 | TABLE 3 |
| --- | --- |
| DEFENDED PERSONAL INJURIES ACTIONS PROCEEDING UNDER PART AI OF CHAPTER36 OF THE ORDINARY CAUSE RULES 1993 | DEFENDED PERSONAL INJURIES ACTIONS PROCEEDING UNDER PART AI OF CHAPTER36 OF THE ORDINARY CAUSE RULES 1993 |
| 1. Precognitions, reports and affidavits | 1. Precognitions, reports and affidavits |
| (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) All work in connection with preparation and lodging of affidavits, per 250 words | (c) All work in connection with preparation and lodging of affidavits, per 250 words |
| 2. Work before commencement of proceedings | 2. Work before commencement of proceedings |
| (1) Where the Protocol in Appendix 4 of the Ordinary Cause Rules 1993 applied to the claim prior to the commencement of proceedings, the sum of— | (1) Where the Protocol in Appendix 4 of the Ordinary Cause Rules 1993 applied to the claim prior to the commencement of proceedings, the sum of— |
| (a) £574; | (a) £574; |
| (b) 3.5% of the total amount of any damages awarded, or payable under a settlement, up to £25,000; and | (b) 3.5% of the total amount of any damages awarded, or payable under a settlement, up to £25,000; and |
| (c) such further sum, not exceeding 50% of the sum of (a) and (b), as the Auditor considers to be justified in respect of work undertaken prior to the commencement of proceedings that (i) was not required for the purposes of complying with the Protocol, (ii) involved the sharing of information with the opposing party, and (iii) is not included in any other fee in this Part. | (c) such further sum, not exceeding 50% of the sum of (a) and (b), as the Auditor considers to be justified in respect of work undertaken prior to the commencement of proceedings that (i) was not required for the purposes of complying with the Protocol, (ii) involved the sharing of information with the opposing party, and (iii) is not included in any other fee in this Part. |
| (2) In any other case, all work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings. | (2) In any other case, all work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings. |
| Note: Where the Protocol applied and the Auditor is satisfied that the party found entitled to expenses failed to adhere to its terms in material respects, there may be substituted for the fees specified at paragraph 2(1)(a) and (b) such lesser sum as in the opinion of the Auditor is justified. | Note: Where the Protocol applied and the Auditor is satisfied that the party found entitled to expenses failed to adhere to its terms in material respects, there may be substituted for the fees specified at paragraph 2(1)(a) and (b) such lesser sum as in the opinion of the Auditor is justified. |
| 3. Instruction | 3. Instruction |
| (a) All work (except as otherwise specifically provided for) from commencement to the lodging of defences | (a) All work (except as otherwise specifically provided for) from commencement to the lodging of defences |
| (b) Instructing re-service by sheriff officers where necessary | (b) Instructing re-service by sheriff officers where necessary |
| (c) Specification of documents as per Form PI2 | (c) Specification of documents as per Form PI2 |
| (d) Charge to opponent for considering specification of documents | (d) Charge to opponent for considering specification of documents |
| (e) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission | (e) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission |
| (f) Charge to opponent where a commission arranged | (f) Charge to opponent where a commission arranged |
| (g) Attendance at execution of commission, per 6 minutes | (g) Attendance at execution of commission, per 6 minutes |
| (h) If optional procedure adopted, charge per person on whom order is served | (h) If optional procedure adopted, charge per person on whom order is served |
| (i) Perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for, per 6 minutes | (i) Perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for, per 6 minutes |
| (j) Attendance in chambers for appointment of cause to Chapter 36A, per 6minutes | (j) Attendance in chambers for appointment of cause to Chapter 36A, per 6minutes |
| (k) Further charge where separate counterclaim and answers lodged | (k) Further charge where separate counterclaim and answers lodged |
| 4. Adjustment | 4. Adjustment |
| (a) All work (except as otherwise specifically provided for) in connection with adjustment of the record including making up and lodging certified copy record— | (a) All work (except as otherwise specifically provided for) in connection with adjustment of the record including making up and lodging certified copy record— |
| (i) | (i) |
| (ii) | (ii) |
| (b) Further charge to each existing party for each pursuer, defender or third party brought in before the record is lodged under the timetable issued under rule36.G1(1)(b) (to include necessary amendments) | (b) Further charge to each existing party for each pursuer, defender or third party brought in before the record is lodged under the timetable issued under rule36.G1(1)(b) (to include necessary amendments) |
| (c) Further charge to each existing party for each additional pursuer, defender or third party brought in after the record is lodged under the timetable issued under rule36.G1(1)(b) | (c) Further charge to each existing party for each additional pursuer, defender or third party brought in after the record is lodged under the timetable issued under rule36.G1(1)(b) |
| 5. Debate (other than on evidence) | 5. Debate (other than on evidence) |
| (a) Where counsel or solicitor advocate not employed— | (a) Where counsel or solicitor advocate not employed— |
| (i) | (i) |
| (ii) | (ii) |
| (b) Where counsel employed— | (b) Where counsel employed— |
| (i) | (i) |
| (ii) | (ii) |
| (c) Waiting time, per 6 minutes | (c) Waiting time, per 6 minutes |
| (d) Lodging and intimating or considering first note of arguments | (d) Lodging and intimating or considering first note of arguments |
| (e) For each note lodged thereafter | (e) For each note lodged thereafter |
| 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) | (i) |
| (ii) | (ii) |
| (c) Charge to defender or third party for— | (c) Charge to defender or third party for— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| 7. Incidental Procedure (not chargeable prior to allowance of proof or jury trial) | 7. Incidental Procedure (not chargeable prior to allowance of proof or jury trial) |
| All work in connection with noting diet of proof or jury trial and— | All work in connection with noting diet of proof or jury trial and— |
| (a) preparing note on line of evidence; or | (a) preparing note on line of evidence; or |
| (b) instructing counsel to prepare a note on line of evidence | (b) instructing counsel to prepare a note on line of evidence |
| 8. Amendment of Record | 8. Amendment of Record |
| (a) Charge to proposer | (a) Charge to proposer |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| (b) Charge to opponent— | (b) Charge to opponent— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| (c) Further charge for adjustment of minute of amendment and answers, where applicable, to be allowed to each party | (c) Further charge for adjustment of minute of amendment and answers, where applicable, to be allowed to each party |
| 9. Productions | 9. 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. Motions and minutes | 10. Motions and minutes |
| (a) Drawing, intimating and lodging any written motion or minute, including a reponing note, and relative attendance at court (except as otherwise specifically provided for)— | (a) Drawing, intimating and lodging any written motion or minute, including a reponing note, and relative attendance at court (except as otherwise specifically provided for)— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| (b) Considering opponent’s written motion, minute or reponing note and attendance at court— | (b) Considering opponent’s written motion, minute or reponing note and attendance at court— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| 11. Incidental hearings/variation of timetable order | 11. Incidental hearings/variation of timetable order |
| (a) Preparing for and attendance at hearing not exceeding half an hour | (a) Preparing for and attendance at hearing not exceeding half an hour |
| (b) Thereafter, per 6 minutes | (b) Thereafter, per 6 minutes |
| (c) In event of separate advising/opinion, all work incidental thereto | (c) In event of separate advising/opinion, all work incidental thereto |
| 12. Withdrawal of solicitors | 12. Withdrawal of solicitors |
| (a) All work in preparation for any diet fixed under rule 24.2(1) and attendance at first such diet | (a) All work in preparation for any diet fixed under rule 24.2(1) and attendance at first such diet |
| (b) Attendance at each additional diet, per 6 minutes | (b) Attendance at each additional diet, per 6 minutes |
| 13. Attendance not otherwise provided for | 13. Attendance not otherwise provided for |
| (a) Where hearing does not exceed half an hour | (a) Where hearing does not exceed half an hour |
| (b) Thereafter, per 6 minutes | (b) Thereafter, per 6 minutes |
| 14. Valuation of claim | 14. Valuation of claim |
| (a) Preparation of statement of valuation of claim— | (a) Preparation of statement of valuation of claim— |
| (i) | (i) |
| (ii) | (ii) |
| (b) Considering opponent’s valuation of claim | (b) Considering opponent’s valuation of claim |
| 15. Specification of documents or property (if further specification deemed necessary) | 15. Specification of documents or property (if further specification deemed necessary) |
| (a) Drawing, intimating and lodging specification and relative motion— | (a) Drawing, intimating and lodging specification and relative motion— |
| (i) | (i) |
| (ii) | (ii) |
| (b) Charge to opponent— | (b) Charge to opponent— |
| (i) | (i) |
| (ii) | (ii) |
| (c) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparing for commission | (c) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparing 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 optional procedure adopted, charge per person upon whom order is served | (f) If optional procedure adopted, charge per person upon whom order is 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 |
| 16. Commission to take evidence | 16. Commission to take evidence |
| (a) On interrogatories— | (a) On interrogatories— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| (b) Open commission— | (b) Open commission— |
| (i) | applying for commission to include all work (except as otherwise specifically provided for) up to lodging report of commission, but excluding attendance at execution of commission |
| (ii) | (ii) |
| (iii) | (iii) |
| 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 |
| (a) All work involved in preparing for proof or jury trial (except as otherwise specifically provided for)— | (a) All work involved in preparing for proof or jury trial (except as otherwise specifically provided for)— |
| (i) | (i) |
| (ii) | (ii) |
| (b) For each day or part day after the first, including instruction of counsel | (b) For each day or part day after the first, including instruction of counsel |
| (c) Preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, each additional diet | (c) Preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, each additional diet |
| 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 |
| (i) | (i) |
| (ii) | (ii) |
| (c) Attending pre-trial meeting, per 6 minutes | (c) Attending pre-trial meeting, per 6 minutes |
| Note: | Note: |
| Where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply | Where pre-trial meeting takes place by way of video conference, the foregoing charges are to apply |
| (d) Joint minute of pre-trial meeting | (d) Joint minute of pre-trial meeting |
| 20. Settlements | 20. Settlements |
| (a) Judicial tender or pursuer’s offer— | (a) Judicial tender or pursuer’s offer— |
| (i) | (i) |
| (ii) | (ii) |
| (iii) | (iii) |
| (iv) | (iv) |
| (v) | (v) |
| (b) Extra-judicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion) | (b) Extra-judicial settlement, to include negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto (not to include drawing, intimating and lodging any written motion) |
| (c) Whether or not charges are payable under (a) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed | (c) Whether or not charges are payable under (a) above, where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed |
| 21. Hearing limitation fee | 21. Hearing limitation fee |
| All work (except as otherwise specifically provided for) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute | All work (except as otherwise specifically provided for) undertaken with a view to limiting the scope of any hearing, and including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparing and intimating any notice to admit or notice of non-admission (and consideration thereof) and preparing and lodging any joint minute |
| 22. Conduct of proof or jury trial | 22. Conduct of proof or jury trial |
| (a) Conduct of proof or jury trial, and debate on evidence if taken at close of proof or jury trial, per 6 minutes | (a) Conduct of proof or jury trial, and debate on evidence if taken at close of proof or jury trial, per 6 minutes |
| (b) If counsel employed, appearing with counsel, per 6 minutes | (b) If counsel employed, appearing with counsel, per 6 minutes |
| (c) Waiting time, per 6 minutes | (c) Waiting time, per 6 minutes |
| 23. Debate on evidence | 23. Debate on evidence |
| (a) Where debate on evidence not taken at conclusion of proof or jury trial, preparing for debate | (a) Where debate on evidence not taken at conclusion of proof or jury trial, preparing for debate |
| (b) Conduct of debate, per 6 minutes | (b) Conduct of debate, per 6 minutes |
| (c) If counsel employed, appearing with counsel, per 6 minutes | (c) If counsel employed, appearing with counsel, per 6 minutes |
| (d) Waiting time, per 6 minutes | (d) Waiting time, per 6 minutes |
| 24. Accounts | 24. 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 |
| 25. Final procedure | 25. Final procedure |
| All work to the conclusion of proceedings so far as not otherwise provided for— | All work to the conclusion of proceedings 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 |
| 26. Instruction of counsel | 26. Instruction of counsel |
| (a) Instructing counsel to revise pleadings | (a) Instructing counsel to revise pleadings |
| (b) Instructing counsel to attend court | (b) Instructing counsel to attend court |
| (c) Arranging and attending consultation with counsel, including consultation held to consider tender, pursuer’s offer or extra-judicial settlement, or with a view to settlement— | (c) Arranging and attending consultation with counsel, including consultation held to consider tender, pursuer’s offer or extra-judicial settlement, or with a view to settlement— |
| (i) | (i) |
| (ii) | (ii) |
SCHEDULE 5 — TABLES OF INCLUSIVE CHARGES FOR SIMPLE PROCEDURE CASES
| TABLE 1 | TABLE 1 |
|---|---|
| ADMITTED CLAIMS | ADMITTED CLAIMS |
| Units | |
| All work including taking instructions, preparing Claim Form, first formal service and applying for a decision | 15 |
| Further charge for instructing formal service of a party, after first formal service of a party— | |
| (a) within the United Kingdom, Isle of Man, Channel Islands or Republic of Ireland | 1.25 |
| (b) elsewhere | 2.5 |
| TABLE 2 | TABLE 2 |
| --- | --- |
| DISPUTED CLAIMS | DISPUTED CLAIMS |
| 1. Before the simple procedure case begins | 1. Before the simple procedure case begins |
| All work before the simple procedure case begins, including discussions and correspondence with the other party, exchanges of documentation, etc. | All work before the simple procedure case begins, including discussions and correspondence with the other party, exchanges of documentation, etc. |
| 2. Making and responding to a claim | 2. Making and responding to a claim |
| (a) Taking instructions, preparing the Claim Form and considering the Response Form | (a) Taking instructions, preparing the Claim Form and considering the Response Form |
| (b) Taking instructions, considering the Claim Form and preparing a Response Form | (b) Taking instructions, considering the Claim Form and preparing a Response Form |
| (c) Where additional respondents are brought in, work incurred by an original party | (c) Where additional respondents are brought in, work incurred by an original party |
| 3. Formal service | 3. Formal service |
| (a) Formal service by post of a party within the United Kingdom, Isle of Man, Channel Islands or Republic of Ireland | (a) Formal service by post of a party within the United Kingdom, Isle of Man, Channel Islands or Republic of Ireland |
| (b) Formal service elsewhere | (b) Formal service elsewhere |
| (c) Instructing formal service of a party by sheriff officer, including considering a confirmation of service and paying the sheriff officer | (c) Instructing formal service of a party by sheriff officer, including considering a confirmation of service and paying the sheriff officer |
| (d) Instructing service by advertisement | (d) Instructing service by advertisement |
| 4. Attendance at a discussion in court, a case management discussion or an eviction case discussion | 4. Attendance at a discussion in court, a case management discussion or an eviction case discussion |
| (a) Preparing for and attendance at a case management discussion or an eviction case discussion (up to the first half hour) | (a) Preparing for and attendance at a case management discussion or an eviction case discussion (up to the first half hour) |
| (b) Where a case management discussion or eviction case discussion exceeds half an hour, or for any part of a continued case management discussion or eviction case discussion, per 6 minutes | (b) Where a case management discussion or eviction case discussion exceeds half an hour, or for any part of a continued case management discussion or eviction case discussion, per 6 minutes |
| (c) Any other attendance ordered by the sheriff (except as otherwise provided for), per 6 minutes | (c) Any other attendance ordered by the sheriff (except as otherwise provided for), per 6 minutes |
| (d) Waiting time, per 6 minutes | (d) Waiting time, per 6 minutes |
| 5. Precognitions and reports | 5. Precognitions and 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 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 report, charge for perusing it (whether or not in the course of doing so the solicitor revises or adjusts it), per 250 words |
| (c) All work relating to a report ordered to be obtained by the sheriff | (c) All work relating to a report ordered to be obtained by the sheriff |
| (d) Perusing a report ordered to be obtained by the sheriff, per 6 minutes | (d) Perusing a report ordered to be obtained by the sheriff, per 6 minutes |
| (e) All work in connection with preparation and lodging of affidavits, per 250words | (e) All work in connection with preparation and lodging of affidavits, per 250words |
| 6. Applications | 6. Applications |
| (a) Preparing any application (except as otherwise provided for), including sending it to the court and the other party | (a) Preparing any application (except as otherwise provided for), including sending it to the court and the other party |
| (b) Considering and returning any application (except as otherwise provided for), including sending it to the court and the other party | (b) Considering and returning any application (except as otherwise provided for), including sending it to the court and the other party |
| (c) Where the sheriff orders a discussion in court to consider the application, preparing for that discussion in court | (c) Where the sheriff orders a discussion in court to consider the application, preparing for that discussion in court |
| 7. Limiting the scope of the hearing | 7. Limiting the scope of the hearing |
| All work done (except as otherwise provided for) with a view to limiting the scope of the hearing, including agreeing evidence, exchanging documents, precognitions and reports, and agreeing facts and statements not in dispute | All work done (except as otherwise provided for) with a view to limiting the scope of the hearing, including agreeing evidence, exchanging documents, precognitions and reports, and agreeing facts and statements not in dispute |
| 8. Preparing for the hearing | 8. Preparing for the hearing |
| (a) Preparing for the hearing (except as otherwise provided for), where the claim is settled not later than 7 days before the hearing | (a) Preparing for the hearing (except as otherwise provided for), where the claim is settled not later than 7 days before the hearing |
| (b) Preparing for the hearing (except as otherwise provided for), in any other case | (b) Preparing for the hearing (except as otherwise provided for), in any other case |
| (c) Preparing for the hearing continued to another day, where that continuation is for more than 6 days | (c) Preparing for the hearing continued to another day, where that continuation is for more than 6 days |
| (d) Inspecting the other party’s documents, per 6 minutes | (d) Inspecting the other party’s documents, per 6 minutes |
| 9. The hearing | 9. The hearing |
| (a) Conducting the hearing, per 6 minutes | (a) Conducting the hearing, per 6 minutes |
| (b) Waiting time, per 6 minutes | (b) Waiting time, per 6 minutes |
| 10. Settlement | 10. Settlement |
| (a) Negotiating a settlement, including preparing an Incidental Orders Application to give effect to that settlement and any attendance at court required | (a) Negotiating a settlement, including preparing an Incidental Orders Application to give effect to that settlement and any attendance at court required |
| (b) Additional work done with a view to a settlement, including offering a settlement, whether or not a settlement is agreed | (b) Additional work done with a view to a settlement, including offering a settlement, whether or not a settlement is agreed |
| (c) Preparing and lodging, or considering a tender | (c) Preparing and lodging, or considering a tender |
| (d) Accepting a tender, including any attendance at court required | (d) Accepting a tender, including any attendance at court required |
| 11. Appeals | 11. Appeals |
| (a) Taking instructions, preparing the Appeal Form, considering the draft Appeal Report, preparing any notes and sending them to the sheriff | (a) Taking instructions, preparing the Appeal Form, considering the draft Appeal Report, preparing any notes and sending them to the sheriff |
| (b) Taking instructions, considering the Appeal Form, considering the draft Appeal Report, preparing any notes and sending them to the sheriff | (b) Taking instructions, considering the Appeal Form, considering the draft Appeal Report, preparing any notes and sending them to the sheriff |
| 12. The decision and expenses | 12. The decision and expenses |
| (a) Settling with witnesses and noting the Decision Form | (a) Settling with witnesses and noting the Decision Form |
| (b) Preparing an account of expenses, considering notice of expenses as assessed, attending an expenses hearing and all connected work | (b) Preparing an account of expenses, considering notice of expenses as assessed, attending an expenses hearing and all connected work |
| (c) Considering the other party’s account of expenses and attending an expenses hearing, per 6 minutes | (c) Considering the other party’s account of expenses and attending an expenses hearing, per 6 minutes |
| 13. Instruction of counsel | 13. Instruction of counsel |
| (a) Instructing counsel to attend court | (a) Instructing counsel to attend court |
| (b) Arranging and attending consultation with counsel— | (b) Arranging and attending consultation with counsel— |
| (i) | for the first hour |
| (ii) | thereafter, per 6 minutes |
SCHEDULE 6 — REIMBURSEMENT OF WITNESSES
| Liability to reimburse witnesses | Liability to reimburse witnesses |
|---|---|
| 1.—(1) A party to proceedings at whose instance a person is cited or requested to attend a hearing or commission as a witness is liable to reimburse losses and expenses incurred by that person in accordance with paragraph 2. | 1.—(1) A party to proceedings at whose instance a person is cited or requested to attend a hearing or commission as a witness is liable to reimburse losses and expenses incurred by that person in accordance with paragraph 2. |
| (2) No person other than a person who has been cited or requested to attend a hearing or commission as a skilled witness is entitled to payment of a fee in respect of work done, time engaged or time committed in consequence of such citation or request. | (2) No person other than a person who has been cited or requested to attend a hearing or commission as a skilled witness is entitled to payment of a fee in respect of work done, time engaged or time committed in consequence of such citation or request. |
| Losses and expenses to be reimbursed | Losses and expenses to be reimbursed |
| 2.The liability is to reimburse— | 2.The liability is to reimburse— |
| (a) | financial loss reasonably incurred by the witness in consequence of being cited or requested to appear, not exceeding £400 per day; |
| (b) | expenses reasonably incurred by the witness in travelling between the court and the witness’s residence or place of business; |
| (c) | the additional cost of subsistence during the witness’s absence from the witness’s home or place of business, in so far as reasonably incurred; and |
| (d) | the reasonable cost of board and lodgings, in so far as reasonably incurred. |
| Value Added Tax | Value Added Tax |
| 3.Where the amount payable to the witness is consideration for a supply liable to value added tax, the amount of the value added tax payable must be added to the amount payable to the witness. | 3.Where the amount payable to the witness is consideration for a supply liable to value added tax, the amount of the value added tax payable must be added to the amount payable to the witness. |
| Remit to the Auditor | Remit to the Auditor |
| 4.—(1) On the application of a party the court may remit to the Auditor to determine the extent to which losses and expenses were reasonably incurred for the purpose of paragraph 2. | 4.—(1) On the application of a party the court may remit to the Auditor to determine the extent to which losses and expenses were reasonably incurred for the purpose of paragraph 2. |
| (2) A party must apply for such a remit when requested to do so by a witness. | (2) A party must apply for such a remit when requested to do so by a witness. |
SCHEDULE 7 — SHORTHAND WRITERS AND TRANSCRIBERS
| PART 1 | PART 1 | PART 1 |
|---|---|---|
| FEES | FEES | FEES |
| £ | ||
| Attendance of shorthand writer | Attendance of shorthand writer | |
| 1. | Time engaged— | |
| (a) | attendance at proof, jury trial or commission, per 15 minutes | 11.10 |
| (b) | travelling to and from the court or other place where the shorthand writer is instructed to attend, per 15 minutes (not chargeable for first 30 minutes of each journey) | 5.55 |
| (c) | minimum per day (only chargeable on date of attendance) | 177.60 |
| Cancellation | Cancellation | |
| 2. | Fee payable on cancellation, per day on which attendance instructed— | |
| (a) | cancellation more than 21 days before date of attendance – no fee | |
| (b) | first day – 75% of minimum daily fee where cancellation before 4 p.m. on previous day, otherwise minimum daily fee | |
| (c) | subsequent days | 50.00 |
| Transcription | Transcription | |
| 3. | Extending notes of evidence or transcribing recording of evidence, per 250 words— | |
| (a) | where prepared daily | 8.85 |
| (b) | otherwise | 7.25 |
| Copying | Copying | |
| 4. | Provision of copy transcript, per 250 words | 0.61 |
| PART 2 | PART 2 | PART 2 |
| --- | --- | --- |
| EXPENSES | EXPENSES | EXPENSES |
| £ | ||
| Travel | Travel | |
| 1. | Travel to and from the court or other place where the shorthand writer is instructed to attend (recoverable only where the distance exceeds 15 miles)— | |
| the cost actually incurred in travelling by public transport | ||
| or | ||
| allowance per mile where the shorthand writer uses a private vehicle | 0.45 | |
| Day subsistence | Day subsistence | |
| 2. | The additional cost of food and drink actually incurred (recoverable only where the shorthand writer is away from his or her home or normal place of business for in excess of 10 hours in consequence of the instruction to attend), up to | 10.70 |
| Overnight subsistence | Overnight subsistence | |
| 3. | Where the shorthand writer requires to stay overnight— | |
| (a) | the actually incurred cost of overnight accommodation and breakfast, up to | 75.00 |
| (b) | the actually incurred cost of an evening meal, up to | 23.50 |
Signed
CJM SUTHERLAND — Lord President — I.P.D. — 27th February 2019
Explanatory note
(This note is not part of the Act of Sederunt)
EXPLANATORY NOTE
Introduction
This Act of Sederunt makes provision regarding—
- the taxation of accounts of expenses as between party and party in civil proceedings;
- the reimbursement of losses and expenses incurred by witnesses cited to attend court in such proceedings;
- the fees payable to shorthand writers and transcribers in relation to such proceedings; and
- the sums chargeable against a debtor in respect of the work of a solicitor in instructing steps in diligence.
With the exception of rule 8.1, the Act of Sederunt applies in relation to civil proceedings in the Court of Session, Sheriff Appeal Court and sheriff court where the proceedings are commenced on or after 29th April 2019. For this purpose appeal proceedings are considered to be distinct proceedings from the proceedings in the lower court from which the appeal is taken. Taxation of accounts in proceedings commenced before 29th April 2019, and in summary causes commenced on or after that date, continue to be subject to the pre-existing rules and tables of fees.
Rule 8.1 (diligence) applies when the work involved in instructing a step in diligence is carried out on or after 29th April 2019.
General principles
Rule 2.1 prescribes the form of an account of expenses, which must include a statement as to whether the entitled party (as defined in rule 1.2(1)(c)) will bear the ultimate burden of value added tax charged on solicitors’ fees or on outlays that are sought to be recovered.
Rule 2.2 sets out the general principle governing the taxation of expenses and instances of circumstances in which the Auditor may refuse to allow expenses that have been incurred.
Charges for work by entitled party’s solicitor
Chapter 3, and the tables of charges in schedules 1 to 5, apply for the purpose of calculating the charges to be allowed at taxation in respect of the work carried out by the entitled party’s solicitor in the conduct of the proceedings. Where applicable, the provisions of Chapter 3 and the tables apply with equal effect where the entitled party has been represented by a member of the Association of Commercial Attorneys.
The charges prescribed in the tables of charges are expressed as multiples of a unit of monetary charge. Rule 3.2 sets the value of the unit at £16.40.
Subject to direction by the court, the provisions of rule 3.3 determine which of the tables of charges is to be applied at taxation. The entitled party may elect to have an account taxed on the basis of the table of detailed charges in schedule 1 in relation to any proceedings other than a simple procedure case, and that table must be used when there is no applicable table of inclusive charges. When there is a table of inclusive charges applicable to the proceedings in schedule 2 (Court of Session), schedule 3 (Sheriff Appeal Court), or schedule 4 (sheriff court ordinary cause), the entitled party may elect to have the account taxed either on the basis of that table, or on the basis of the table of detailed charges in schedule 1. Accounts of expenses relating to simple procedure cases in the sheriff court must be taxed on the basis of the tables of inclusive charges in schedule 5.
Rule 3.4 makes provision regarding charges for copying and scanning documents. A charge is only to be allowed where the Auditor is satisfied that it was reasonable for more than 2000 pages to be scanned or copied. In that event the applicable charge is 1 unit per 100 pages copied or scanned in excess of that number.
Rule 3.5 provides that a charge of 0.9 units per 6 minutes of travelling time may be allowed at the Auditor’s discretion.
Where an account of expenses is being taxed on the basis of a table of inclusive charges, rule 3.6 allows the Auditor to increase or reduce a charge, or to apportion a charge between parties represented by different solicitors.
Where an account of expenses is being taxed by reference to the tables of charges for simple procedure cases in schedule 5, rule 3.7 provides that all charges allowed by the Auditor are to be reduced by 10%, and are to be reduced by a further 25% or 50% where the total value of the claim is less than £2500, or less than £1000, as the case may be.
Rule 3.8 makes provision regarding charges for instructing counsel (as defined in rule 1.3) in the sheriff court or Sheriff Appeal Court. Such charges may be allowed only where (1) counsel’s fees have been allowed as an outlay under rule 4.3, and (2) in the case of a solicitor advocate, where he or she was instructed by another solicitor.
Rule 3.8 also provides that the Auditor may allow an attendance charge where a solicitor advocate is assisted by another solicitor. In the sheriff court or Sheriff Appeal Court the allowance of such a charge would be dependent on the solicitor advocate’s fees having been allowed as an outlay under rule 4.3.
Rule 3.9 applies where, on an application under rule 5.2, the court has granted an application for an additional charge, or the Auditor of the Court of Session has determined that an increase should be allowed. The rule provides for the charges allowed under Chapter 3 to be increased by the percentage specified by the court, or in accordance with the Auditor’s determination.
Where the entitled party was not represented by a solicitor rule 3.10 provides that the Auditor may allow a reasonable sum in respect of work done by the entitled party not exceeding two thirds of the charges that would be allowed under Chapter 3 if the same work had been done by a solicitor.
Outlays
The provisions of Chapter 4 apply for the purpose of determining the outlays incurred by, or on behalf of, an entitled party that are to be allowed at taxation. Rule 4.2 sets out a general rule that outlays reasonably incurred in order to conduct the proceedings in a proper manner are to be allowed.
Counsel’s fees in the sheriff court and Sheriff Appeal Court
The circumstances in which fees incurred to counsel in relation to proceedings in the sheriff court and Sheriff Appeal Court may be allowed as an outlay is regulated by rule 4.3, and by rule5.4 which makes provision regarding applications to the court to sanction the employment of counsel.
Fees incurred to counsel in relation to proceedings in the sheriff court or Sheriff Appeal Court may not be allowed as an outlay unless, and to the extent that, the court has sanctioned the employment of counsel on an application under rule 5.4. On such an application the court may sanction as suitable for the employment of counsel—
- the proceedings;
- any part of the proceedings;
- particular work involved in the proceedings; or
- any combination of the foregoing.
Where particular work has been sanctioned as suitable for the employment of counsel, the Auditor is to allow counsel’s reasonable fees for that work. Where proceedings or parts of proceedings have been sanctioned as suitable for the employment of counsel, it is for the Auditor to determine the work for which it was reasonable for counsel to be instructed, and to allow a reasonable fee for that work.
Other than in personal injury proceedings under Chapter 36 of the Ordinary Cause Rules, simple procedure cases, and proceedings in the Sheriff Appeal Court, there are restrictions on the sanctioning of work already carried out by counsel. An interlocutor sanctioning proceedings, or parts of proceedings as suitable for the employment of counsel has no effect as regards work carried out before the date of the interlocutor, and particular work carried out before the date of the interlocutor may only be sanctioned where the court is satisfied that cause has been shown for sanction not having been sought previously.
Skilled persons
The circumstances in which charges incurred to skilled persons may be allowed as an outlay is regulated by rule 4.5, and by rule 5.3 which makes provision regarding applications to the court for certification of such persons.
Charges incurred to a person who has been engaged for the application of that person’s skill may only be allowed as an outlay if that person has been certified by the court on an application under rule 5.3. The court may only grant such an application if satisfied that the person is a skilled person, and that it is, or was, reasonable and proportionate for that person to be employed. In the event of certification the Auditor is to allow such charges as the Auditor determines to be fair and reasonable for work done which was reasonably required for a purpose in connection with the proceedings, or in contemplation of the proceedings.
Other than in personal injury proceedings under Chapter 43 of the Rules of the Court of Session, personal injury proceedings under Chapter 36 of the Ordinary Cause Rules, or simple procedure cases, the Auditor may not allow charges relating to work done before the date of certification unless that court has determined in accordance with rule 5.3(4) that the certification has effect for the purposes of work already done. The court may only make such a determination if satisfied that cause has been shown for certification not having been sought previously.
Additional charge
Rule 5.2 makes provision for applications to the court for an increase in the charges to be allowed at taxation in respect of the work carried out by the entitled party’s solicitor.
The court (or Auditor) must grant an application when satisfied that an increase is justified to reflect the responsibility undertaken by the solicitor in the conduct of the proceedings. Rule 5.2(6) prescribes factors that the court (or Auditor) must have regard to in considering both whether to grant an application, and the level of any increase.
On the making of such an application in the Court of Session the court may either determine the application itself or remit the application to the Auditor to determine if an increase should be allowed (and the level of any increase). If the Court grants the application it may either specify the percentage increase to be allowed, or remit to the Auditor to determine the level of increase.
On the making of such an application in the sheriff court or Sheriff Appeal Court it is for the court to determine the application and to specify the percentage increase to be allowed.
Value Added Tax
Rule 6.1 sets out the circumstances in which a provision for value added tax may be added to the charges allowed under Chapter 3, and in which the amount allowed in respect of an outlay under Chapter 4 may include value added tax charged on the outlay by the provider of the goods or services.
Payments to witnesses and fees of shorthand writers
Rule 7.1 and schedule 6 make provision regarding payments to witnesses. Witnesses other than skilled witnesses are not entitled to payment of a fee. A party who cites or requests the attendance of a witness is liable to reimburse—
- financial loss reasonably incurred not exceeding £400 per day;
- travelling expenses reasonably incurred;
- the reasonable cost of subsistence; and
- the reasonable cost of board and lodging.
On the application of a party the court may remit to the Auditor to determine the extent to which loses and expenses were reasonably incurred. A party must apply for such a remit when requested to do so by a witness.
Rule 7.2 and schedule 7 make provision regarding the fees and expenses of shorthand writers and persons preparing transcripts of evidence.
Diligence
Rule 8.1 prescribes the sum that may be included in the expenses chargeable against a debtor in respect of the work of a solicitor in instructing a step in diligence.
Footnotes
[^f00001]: 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3), and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).
[^f00002]: 1975 c.47. Section 1(2) was last amended by the Tribunals, Courts and Enforcement Act 2007 (c.15), schedule 8, paragraph6(2).
[^f00003]: 2014 asp 18. Sections 105 and 106 were modified by S.S.I. 2018/158.
[^f00004]: The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), last amended by S.S.I. 2018/348.
[^f00005]: S.S.I. 2009/163.
[^f00006]: 1980 c.46. Section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.24), section 24, and was last amended by the Enterprise and Regulatory Reform Act 2013 (c.24), schedule 6(1), paragraph 10.
[^f00007]: 1971 c.58. Section 35 is repealed by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 6(2) which was brought into force in part by S.S.I. 2016/291.
[^f00008]: Simple procedure was introduced by the Courts Reform (Scotland) Act 2014 (asp 18), section 72.
[^f00009]: The Ordinary Cause Rules 1993 are in schedule 1 of the Sheriff Courts (Scotland) Act 1907 (c.51). Schedule 1 was substituted by S.I. 1993/1956 and last amended by S.S.I. 2017/186.
Editorial notes
[^key-91aa935929383ac13d362da1d4b3acf2]: Rule 3.2 in force at 29.4.2019, see rule 1.1(2)
[^key-89724881d119349fda715ed8ccf827a3]: Sch. 1 in force at 29.4.2019, see rule 1.1(2)
[^key-04042edda30210152b3155ca8c894f1c]: Sch. 2 in force at 29.4.2019, see rule 1.1(2)
[^key-094a969abce9b55b3a4ebead5c0cadba]: Sch. 3 in force at 29.4.2019, see rule 1.1(2)
[^key-441baa3924e0ead293ab9849488f4605]: Sch. 4 in force at 29.4.2019, see rule 1.1(2)
[^key-8f620542821e2993ac6f2a442999da6d]: Sch. 5 in force at 29.4.2019, see rule 1.1(2)
[^key-3becc634e0eb04c46e7a3fded71cc2b3]: Sch. 6 in force at 29.4.2019, see rule 1.1(2)
[^key-fb2ee738bc7b6d572ae8d9913a37fa24]: Sch. 7 in force at 29.4.2019, see rule 1.1(2)
[^key-22c260566fc0cbd453ee9538a73d917a]: Rule 1.1 in force at 29.4.2019, see rule 1.1(2)
[^key-e88b19e94d7be3cc693404221bae66fe]: Rule 1.2 in force at 29.4.2019, see rule 1.1(2)
[^key-702f4c5f3869514a203d210cb1279c13]: Rule 1.3 in force at 29.4.2019, see rule 1.1(2)
[^key-e72f5512e04a84eebe31b4a4c041f1d4]: Rule 2.1 in force at 29.4.2019, see rule 1.1(2)
[^key-ac0ff92c0e3096528a7231a7c789a1d8]: Rule 2.2 in force at 29.4.2019, see rule 1.1(2)
[^key-646527e5b8992c41c4cdb744f2dc1dba]: Rule 3.1 in force at 29.4.2019, see rule 1.1(2)
[^key-498ef6397d313385f52d8c210f00d919]: Rule 3.3 in force at 29.4.2019, see rule 1.1(2)
[^key-c241106a0e9015a4d887be6929204ebe]: Rule 3.4 in force at 29.4.2019, see rule 1.1(2)
[^key-c950b7b93dc13ade99f5e8824d750843]: Rule 3.5 in force at 29.4.2019, see rule 1.1(2)
[^key-7c202e9d21183ed019a722b9c01a2125]: Rule 3.6 in force at 29.4.2019, see rule 1.1(2)
[^key-8444a7bb8b4906167af04729ccb68f07]: Rule 3.7 in force at 29.4.2019, see rule 1.1(2)
[^key-dfe26cebc4648a0750dcf3166ed9656e]: Rule 3.8 in force at 29.4.2019, see rule 1.1(2)
[^key-e880ddd6c3524ed52cfdb77c7a5d8b1e]: Rule 3.9 in force at 29.4.2019, see rule 1.1(2)
[^key-86e7aa7f228832446a92dde5097ad2f7]: Rule 3.10 in force at 29.4.2019, see rule 1.1(2)
[^key-dc53481c28c65f4426490d58ed47e907]: Rule 4.1 in force at 29.4.2019, see rule 1.1(2)
[^key-926d140d05f05f113928ef18bfbb0e26]: Rule 4.2 in force at 29.4.2019, see rule 1.1(2)
[^key-5de5ea759a17f5492021413a21e913da]: Rule 4.3 in force at 29.4.2019, see rule 1.1(2)
[^key-d6bf439ad723927c7725c28368909c9f]: Rule 4.4 in force at 29.4.2019, see rule 1.1(2)
[^key-e76a77817ecca1d6a919a86bd750b364]: Rule 4.5 in force at 29.4.2019, see rule 1.1(2)
[^key-14641bbe35d4fb17b392f0e5defc92c8]: Rule 4.6 in force at 29.4.2019, see rule 1.1(2)
[^key-dc55291944854a3ea73566bb2f34d14f]: Rule 5.1 in force at 29.4.2019, see rule 1.1(2)
[^key-b8f7d52c77e745e20c594573eb66f2f4]: Rule 5.2 in force at 29.4.2019, see rule 1.1(2)
[^key-1f279956e3389171b4ae5cdd8de5fa5b]: Rule 5.3 in force at 29.4.2019, see rule 1.1(2)
[^key-f06329ad5ed286fd857e7b90cd09e99f]: Rule 5.4 in force at 29.4.2019, see rule 1.1(2)
[^key-d077bbc4ab9d661cc793c94125022430]: Rule 6.1 in force at 29.4.2019, see rule 1.1(2)
[^key-b1f6cd5beec8ca8287af4e2cd963c3b1]: Rule 7.1 in force at 29.4.2019, see rule 1.1(2)
[^key-88916e7cf915a7a88da7238624963e6b]: Rule 7.2 in force at 29.4.2019, see rule 1.1(2)
[^key-a3f9ac715585101c3cf4f0bc09f508bc]: Rule 8.1 in force at 29.4.2019, see rule 1.1(2)
[^key-c49f80e974a2e53e5fb1cd7ed7efef09]: Sum in rule 3.2 substituted (30.6.2023) by Act of Sederunt (Fees of Solicitors in the Court of Session, Sheriff Appeal Court and Sheriff Court) (Taxation of Judicial Expenses Rules) (Amendment) 2023 (S.S.I. 2023/165), paras. 1(2), 5(2) (with para. 6)
[^key-8eec4a3d325c6b78272d48599e1e745b]: Words in rule 1.3 inserted (2.10.2023) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Taxation of Judicial Expenses Rules 2019 Amendment) (Telecommunications Infrastructure) 2023 (S.S.I. 2023/223), paras. 1(2), 3(2)
[^key-7ed61b38dffc9bebb269326ee54dec4f]: Word in rule 3.1(1) substituted (2.10.2023) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Taxation of Judicial Expenses Rules 2019 Amendment) (Telecommunications Infrastructure) 2023 (S.S.I. 2023/223), paras. 1(2), 3(3)(a)
[^key-22934e76cb7bf7d73bce2435dbcbb3a8]: Words in rule 3.1(2) substituted (2.10.2023) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Taxation of Judicial Expenses Rules 2019 Amendment) (Telecommunications Infrastructure) 2023 (S.S.I. 2023/223), paras. 1(2), 3(3)(b)
[^key-bce4f5032fa04f9c202cd469e2b9cdde]: Rule 3.3(4A) inserted (2.10.2023) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Taxation of Judicial Expenses Rules 2019 Amendment) (Telecommunications Infrastructure) 2023 (S.S.I. 2023/223), paras. 1(2), 3(4)
[^key-2a06610044a5c69627fe619e9c38ead2]: Sch. 5A inserted (2.10.2023) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Taxation of Judicial Expenses Rules 2019 Amendment) (Telecommunications Infrastructure) 2023 (S.S.I. 2023/223), para. 1(2), sch. 2
SCHEDULE 5A — TABLES OF INCLUSIVE CHARGES FOR SUMMARY APPLICATIONS FOR ORDERS UNDER PARAGRAPHS 27ZF(2) OR 27E(2) OF SCHEDULE 3A OF THE COMMUNICATIONS ACT 2003
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