https://www.slab.org.uk/guidance/affidavits/
https://www.slab.org.uk/guidance/affidavits/
| Advice & Assistance | Not applicable | |
| ABWOR |
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Not applicable |
| Legal Aid |
Schedule 2A Schedule 5
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3
3 |
An affidavit in relation to judicial proceedings is considered to be a step in instituting, conducting or defending proceedings [section 6(1) of the Legal Aid (Scotland) Act 1986] and cannot be allowed under advice and assistance.
Where you require to frame an affidavit this is the fee payable.
The enhanced fee reflects the fact that this will ordinarily cover a person’s evidence to be used in court and, as such, it is a form of written advocacy, confirmed by oath or affirmation, which you will require to draft into the style required by the court.
It is payable on a “per sheet” basis and a sheet is defined as consisting of 250 words or numbers.
Your account should detail who the affidavit was taken from, and the number of words.
For lengthy affidavits it may be appropriate to upload these in support of the charge.
A fee for a meeting going over the affidavit with the respective witness and notarising the affidavit will normally be chargeable in addition to the framing fee.
Precognitions will often be drawn and used as a basis for taking the affidavit (see the report from former Auditor of the Court of Session taxation ER v PR 3 October 1979).
You should refer to the separate Legal Aid Guidance available in relation to meetings and precognitions.
There is no equivalent fee for framing an “affidavit”.
Where it is necessary to frame an affidavit and that work is deemed to be a reasonable charge a framing charge will be allowed at the non-formal rate.
You should refer to the separate Legal Aid Guidance available for “framing” for more information.
In certain administrative proceedings it may be appropriate for you to charge for the framing of an affidavit.
These include:
An administrative affidavit will not be allowed where we do not consider that it meets the standard of taxation that the work was actually, necessarily and reasonably done.
An affidavit taken for the purpose of a change of name, for example, would not be allowed.
These examples are not exhaustive.
We would expect a Statutory Declaration to be completed by the client.
Your role will ordinarily be restricted to witness and act as signatory, signing and stamping the form in confirmation, where necessary.
However, where you can demonstrate that the client required assistance to complete the Statutory Declaration form then we will allow a meeting with you to help the client to do this.
In these circumstances we will not allow a separate fee for framing the Statutory Declaration, as this work will be covered by the meeting time that you will have reasonably spent with the client.