https://www.slab.org.uk/guidance/block-fees-sheriff-court-summary-cause/
https://www.slab.org.uk/guidance/block-fees-sheriff-court-summary-cause/
Where you undertake work in relation to summary cause proceedings, whether this is under a full grant of legal aid or restricted to work under the special urgency provisions only, the account must be charged on the respective summary cause block fee tables under:
We cannot under any circumstances allow an account to be charged on any other basis.
Summary cause fees are linked to stages in the court process. We have discretion, where appropriate, to allow a fee where the work included as part of any block fee is only partially concluded
If there is no prescribed fee for the work that has been done we cannot pay a fee for that work.
You are entitled to claim for outlays in respect of posts and incidents of 12 per cent of the amount of the fees that you allow to the solicitor in terms of regulation 6 of the Civil Fees Regulations.
However, where the sheriff has granted an additional fee you cannot make a claim for any posts and incidents on the sum which is allowed by way of an additional fee.
For example, if your fees were £1,000 and the sheriff has granted a 100% additional fee resulting in the account being allowed £2,000 fees in total, you would still only be entitled to:
These cases are extremely rare under legal aid but unless the sheriff, on an incidental application, otherwise directs, all fees chargeable under Chapter III (summary cause) shall be reduced by 50% in terms of schedule 2, paragraph 2(d), in respect of the following types of proceedings:
There are two separate and distinct fees allowable depending on the type of service that you elect to use. A fee can be allowed more than once, where appropriate.
Service should be by way of post wherever possible.
Although not expressly stated the prescribed fee is for each half hour (or part thereof) at court. Attendance at court means waiting for and conducting any hearing.
There is no prescribed fee for travel in summary cause proceedings and we will disallow any such charges.
This is an inclusive fee which covers “all other work” up to obtaining decree (subject to the exception below) in the event of the proceedings being settled or disposed of at a stage when all work covered by the inclusive fee has not been completed you may claim, where appropriate, a restricted fee.
In relation to actions for reparation you can charge separate fees for precognitions and reports as are necessary to permit the framing of the summons in terms of schedule 2, paragraph 2(b). Where appropriate, the fees under paragraphs 6 and 7 of part 2 of the Table of Fees can be claimed where that work is reasonably done under the grant of legal aid.
In practice precognitions or reports is more likely to be work that will be chargeable separately under a separate grant of advice and assistance.
The instruction fee covers the different type of work that you will undertake depending on whether you are acting on behalf of the pursuer or defender.
In an action of recovery of heritable property where you receive instructions after decree has been granted in absence and a minute for recall is lodged with the court you can claim the instruction fee.
The fee is payable only once in any case.
Where an additional defender or third party enters the cause you can claim this fee where the assisted person has the appropriate legal aid cover.
The additional fee is payable more than once and can be allowed in respect of each additional party who enters the cause.
These are the prescribed fees depending on how the citation, service or re-service has been effected. The fee can be paid more than once, where appropriate. You should, wherever possible, use postal service.
It is important to note that this fee does not apply to the serving of an order, for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972, if optional procedure is adopted. A separate fee is prescribed in paragraph 19(e) for any such service.
This fee only applies to the attendance at the first hearing. It should not be charged in respect of any other court attendance.
The hearing fee includes the first half hour of attendance. A separate fee can be claimed for waiting or conduct at court where the first half hour is exceeded.
In terms of schedule 2, paragraph 2(a), no fee is allowable for attendance at a continuation of the first calling, unless specifically authorised by the court.
There is no prescribed fee for travel in summary cause proceedings and we will disallow any such charges.
This is the fee that should be charged for any attendance at court where the hearing is not otherwise provided for in the table of fees. It is payable in durations of 30 minutes.
Attendance at court includes waiting for and conducting the hearing.
There is no prescribed fee for travel in summary cause proceedings and we will disallow any such charges.
The prescribed fee covers all work in relation to the taking and drawing of a precognition. The fee is payable for each sheet. A sheet consists of 250 words or numbers.
The prescribed fee covers all work in perusing, revising and adjusting a report or precognition prepared by a skilled witness. The fee is payable for each sheet. A sheet consists of 250 words or numbers.
This fee is only chargeable where the court order a report. Both fees will be chargeable in any such case.
Where you make a claim for considering the report in excess of the minimum fee of half an hour you must provide us with details of the sheetage and nature of the report, failing which, provide us with a copy of the report to allow us to reach an informed view on the reasonableness of the perusal charge.
In most cases we expect the minimum charge of one half hour ought to be sufficient to consider a report ordered by the court.
If we are in any doubt as to the reasonableness of the sum claimed we will restrict the charge to what we consider is reasonable based on the information available and invite you to provide further information in support of the charge.
The two separate fees reflect the work involved in either:
A higher fee is allowable where you frames and lodges the inventory to reflect the additional work involved.
Where multiple inventories are lodged, particularly in close proximity to one another, you should provide a short narrative clarifying why any second or subsequent inventory could not have been included and lodged in an earlier inventory (for example, inventory lodged when productions became available and could not have been included in any previous inventory).
The prescribed fee covers all work in the framing of the affidavit. The fee is payable for each sheet. A sheet consists of 250 words or numbers.
Different fees are prescribed depending on whether you are ‘drawing’ or ‘considering’ the incidental application and whether the application is opposed or unopposed.
The prescribed fee includes the first half hour of any attendance. Attendance at court includes waiting for and conducting the hearing.
There is no prescribed fee for travel in summary cause proceedings and we will disallow any such charges.
You should not claim this fee where the work is covered by:
This is the fee payable in addition to the incidental application fee above where the hearing exceeds half an hour.
There is no prescribed fee for travel in summary cause proceedings and we will disallow any such charges.
These are the preparation fees that are payable where a diet of proof is assigned.
Paragraph (a) is the fee that covers the first scheduled proof and separate fees are prescribed where the cause is settled or abandoned or in any other case.
The first fee is only payable where both tests are met:
The second fee is payable where:
Higher fees are payable where the case proceeds to a hearing or settles or is abandoned in less than seven days from the scheduled hearing.
Paragraph (b) fees are only ever engaged where an adjourned proof is fixed more than six days from the hearing previously assigned.
The first fee is only payable where both tests are met:
The second fee is payable where:
Where documents require to be inspected and no other fee is fee is specified in the table for that work (for example, perusal of inventory, considering documents recovered by way of specification) then a claim under this paragraph can be made, where appropriate.
Where you make a claim under this paragraph you must provide us with details of the sheetage and nature of the documents inspected, failing which, provide us with a copy of the documents to allow us to reach an informed view on the reasonableness of the perusal charge.
If we are in any doubt as to the reasonableness of the sum claimed we will restrict the charge to what we consider is reasonable based on the information available and invite you to provide further information in support of the charge.
This is the prescribed fee for the attendance at a proof or debate on evidence taken at the close of proof. The fee is payable for each half hour or part thereof.
It is important to note that the prescribed fee for waiting time is less than the conduct fee.
This is different to all other attendances at court in summary cause cases where the fee for waiting and conduct is chargeable at the same rate.
As a result you must specify the respective times for conduct and waiting, where appropriate.
There is no prescribed fee for travel in summary cause proceedings and we will disallow any such charges.
Where a debate on evidence does not take place at the close of proof then this the fee may be claimed.
The attendance at court includes waiting for and conducting the hearing.
There is no prescribed fee for travel in summary cause proceedings and we will disallow any such charges.
The fee is payable to all parties in circumstances where the tender is accepted.
Where the tender is rejected this fee is only payable where you have prepared and lodged the minute.
Where the tender is accepted all parties are entitled to this fee to cover the consideration of, preparing and lodging the minute of acceptance and attendance at court when decree is granted in terms of that minute.
Where the tender is rejected this is the fee payable where you are receiving, considering and rejecting the tender.
Paragraph 18 – The fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto
This is the all-encompasing fee payable to all parties where the case settles extra judicially for the negotiations, framing, revising and attendance at court where authority is interponed to the joint minute.
This fee is identical, at least in terms of structure, to the fees for incidental applications under paragraph 11 above.
Different fees are prescribed depending on whether you are ‘drawing’ or ‘considering’ the incidental application and whether the application is opposed or unopposed.
The prescribed fee includes the first half hour of any attendance. Attendance at court includes waiting for and conducting the hearing.
There is no prescribed fee for travel in summary cause proceedings and we will disallow any such charges.
This is an additional fee payable in addition to the application/specification fee above where the hearing exceeds half an hour. The attendance at court includes waiting for and conducting the hearing.
There is no prescribed fee for travel in summary cause proceedings and we will disallow any such charges.
This fee is payable in addition to the application/specification fee above for the citation of havers and includes the preparation and appearance before a commissioner or sheriff per half hour.
Where claims are made above the minimum fee you should provide details on the number of havers and details of the time engaged in preparation and appearing before the commissioner or sheriff.
Where the optional procedure is adopted to recover documents this is the fee payable.
The fee is payable in respect of each person an order is served.
Where documents are recovered you are entitled to a perusal fee for considering the documents for each half hour of time reasonable engaged.
Where you make a claim under this paragraph you must provide us with details of the sheetage and nature of the documents perused, failing which, provide us with a copy of the documents to allow us to reach an informed view on the reasonableness of the perusal charge.
If we are in any doubt as to the reasonableness of the sum claimed we will restrict the charge to what we consider is reasonable based on the information available and invite you to provide further information in support of the charge.
Where an open commission is ordered for the taking of evidence this is the fee payable.
A higher fee is payable where you have applied for the commission than the fee allowable to the opposing solicitor.
This is the fee payable for attending the commission, per half hour. Attendance at court includes waiting for and conducting the hearing.
There is no prescribed fee for travel in summary cause proceedings and we will disallow any such charges.
These are the ‘final procedure’ fees payable at the conclusion of the cause.
This is the charge that will be chargeable at the conclusion of the cause.
This final procedure fee would be payable in addition to either of the two below where there is an award of expenses.
The other two final procedure fees are alternative fees and are only engaged where there is an award of expenses and the taxation process is engaged.
This (higher) fee is payable to the party who has been awarded expenses and covers the drawing of the account, arranging and where appropriate attending a diet of taxation and noting the decree.
No fee can be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision in terms of schedule 2, paragraph 2(c).
This is the fee payable to the party liable in expenses and covers the work necessary in considering the account and attending any diet of taxation.
No fee can be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision.