Civil legal aid fees: fees payable for undefended actions in the sheriff court for actions of divorce or separation and aliment – where proof is by means of affidavits

An inclusive fee is payable to cover all work from taking instructions up to and including obtaining extract decree is payable at the rate of 20 units.

It is extremely unusual for legal aid to be made available for cases where this inclusive fee would be payable and if you are claiming this fee you should confirm that a proof has taken place which will allow us to make payment without the need for any further enquiry.

It is important when preparing the account that you use the correct Table of Fees is being claimed reflecting the grounds of  divorce or separation.

• Table A is chargeable in relation to actions of divorce or separation and aliment on the grounds of unreasonable behaviour;
• Table B is chargeable in relation to actions of divorce or separation and aliment on the grounds of adultery, one year’s non cohabitation and consent or two years’ non cohabitation;
• Table C is chargeable where the action of divorce or separation and aliment includes a crave relating to an ancillary matter.

Tables A and B there have three component parts relevant to the stages associated with an undefended action of divorce or separation and aliment where proof is by means of affidavit evidence. Table C contains a fee for parts 1 and 2 only.

1. All work to and including the period of notice;
2. All work from the period of notice to and including swearing affidavits; and
3. All work from swearing affidavits to and including sending extract decree.

In cases where decree has been granted and all work has been done under a grant of legal aid you can charge a single fee to cover “All work to and including sending extract decree” rather than claiming for three separate fees.

For example, in an action of divorce on the grounds of unreasonable behaviour a fee of 32 units can be claimed rather than claiming separate fees of 16, 13 and 3 units for parts 1-3 respectively.

The fee provided in paragraph 2 of Tables A to C includes all the costs incurred in the swearing of affidavits, including defender’s affidavits where appropriate.

You cannot allow any separate fee or outlay for the costs involved in obtaining a defender’s affidavit.

The fee under Table C relating to matters ancillary to those in Tables A and B is payable only once regardless of the number of ancillary craves.

The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 6.

Where the grounds of divorce are amended it is possible to claim a fee in part under Table A and B.

For example, where legal aid is granted for divorce on the grounds of unreasonable behaviour but later amended to divorce on the grounds of two years non cohabitation after the period of notice you can charge a fee under paragraph 1 of Table A and paragraphs 2 and 3 of Table B.

However, you cannot charge a fee under the same paragraph under both Table A and B.

The fees payable include all travel to court.

Although not expressly stated in the header of the Tables of Fees these Tables equally apply to a dissolution of a civil partnership where proof is by means of affidavit evidence.

Where the court order an undefended proof, as opposed to granting decree by means of affidavit evidence, the inclusive fees under Tables A to C cannot be charged and you should apply for exceptional cases status when you can charge the account on the basis of Schedule 5 detailed fees.