Drafting defences or answers

Chapter 1, paragraph 3  Defences or answers

1. Defences or answers in purely skeleton form to preserve the rights of parties, or
2. Defences or answers to which sub‑paragraph (a) does not apply

Chapter 2, paragraph 2

Answers

1. petition for interdict or
2. other Outer House petitions;

Chapter 4, paragraph 2

Answers

Chapter 6, paragraph 2

Defences

1. where in purely skeleton form to preserve rights of parties and
2. otherwise

In relation to proceedings chargeable under Chapters 3 and 5 the fees prescribed in Chapter 6 apply.

These standard fees cannot be increased or decreased where we are satisfied that a fee is payable. 

Sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland – Junior counsel

Paragraph 2

Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland)

These standard fees cannot be increased or decreased where we are satisfied that a fee is payable.

The one exception is under Chapter 2, paragraph 2(c) for answers to Inner House petitions where we will allow “reasonable remuneration for the work having regard to the level of fees in this Table of Fees”.

Skeleton defences (Sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland)

Paragraph 13(a) of the notes on the operation states:

“no fee shall be allowed to counsel for drafting defences in skeleton form”

We must  therefore disallow any charge for drafting defences in skeleton form.

Court of Session – Senior counsel

Paragraph 1(a)

Drafting of defences or answers

These are fees payable within a range where we are satisfied that a fee is payable.

Fees payable within a range

Paragraph 2(c) of the notes on the operation states:

“in determining the appropriate fee for drafting a summons, petition, defences, or answers regard shall be had to the volume of documentation that required to be considered, and the novelty or difficulty of the work involved”

Where a higher fee within the range is charged you must justify that fee with reference to the volume of documentation that required to be considered, and the novelty or difficulty of the work involved.

Where we are not satisfied based on the information available on the level of fee that has been claimed we will allow a reasonable fee within the range and invite you to provide further information in support of the claim.

Multiple counsel

Where multiple counsel of the same status are involved in drafting the completed document the general rule is that we will pay only one fee to one counsel and it will be a matter for the respective counsel to decide whether the prescribed fee requires to be apportioned.