Charging your account on the correct Tables of Fees

Legal Aid accounts require to be charged in terms of the tables of fees prescribed within the following Schedules.

• Schedule 2, Chapter III, Part I – summary cause proceedings where the action is undefended.
• Schedule 2, Chapter III, Part II – summary cause proceedings where the action is defended.
• Schedule 2, Chapter IV – executry business.
• Schedule 2A – simple procedure cases and First-Tier Tribunal for Scotland cases.
• Schedule 5 – for proceedings in the Court of Session, Sheriff Appeal Court, and Upper Tribunal for Scotland, children’s cases and proceedings listed at regulation 5(3) or in the sheriff court listed in Schedule 7.
• Schedule 6 – for proceedings in the sheriff court (except summary cause and executry proceedings and the proceedings listed in Schedule 7) and in the Sheriff Appeal Court.
  • Chapter I, Part I – Undefended action where no action raised;
  • Chapter I, Part II – Undefended action – all actions except those actions of divorce or separation and aliment to which Part III applies;
  • Chapter I, Part III – Undefended actions of divorce or separation and aliment where proof is by means of affidavits;
  • Chapter II – Defended actions.
• Schedule 7 – does not prescribe a Table of Fees but it provides a list of proceedings or heads of work in the sheriff court which must be charged on a detailed basis, under Schedule 5, rather than on a block fee basis, under Schedule 6.

As a general rule you cannot charge on the basis of both Schedule 6 inclusive fees and Schedule 5 detailed fees but where work relating to any of the following work activities are chargeable under the grant of legal aid then that work must be charged on the basis of Schedule 5 detailed fees:

• conveyancing work required to implement an Order of the Court
• work in connection with a motion for modification of expenses of the assisted person, drafting and submitting an account of expenses, or disputing (on receipt) an opponent’s account of expenses, including attendance at taxation and taking/opposing Notes of Objections, including taxations instructed by us
• work in connection with letters of inhibition
• work in connection with the registration and enforcement of a decree.

In such cases where the proceeding are chargeable on the basis of schedule 6 inclusive fees you are entitled to charge on a mix of detailed and inclusive fees.

You have the option to  charge fees in relation to proceedings in the Sheriff Appeal Court under either Schedule 5 (details) or Schedule 6 (Inclusive fees) but it is not competent to charge fees in respect of those element of the proceedings partly on the basis of Schedule 5 and partly on the basis of Schedule 6.

However, where the grant of legal aid covers Sheriff Court proceedings and also an appeal on an interim order in the Sheriff Appeal Court you are however entitled to charge Schedule 6 inclusive fees for the proceedings in the Sheriff Court or schedule 3 for the summary cause proceeding as the case may be and Schedule 5 detailed fees for the Sheriff Appeal Court.