https://www.slab.org.uk/guidance/affidavits-2/
https://www.slab.org.uk/guidance/affidavits-2/
| Advice & Assistance | Not applicable | |
| ABWOR |
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Not applicable |
| Legal Aid |
Schedule 5 Civil Fees Regulations
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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.