Drafting initiating documents

Court of Session – Junior counsel

CHAPTER 1, paragraph 1  Summons or other initiating writ

CHAPTER 1, paragraph 2 Minute

1. minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision
2. any other minute containing a conclusion or crave

CHAPTER 2, paragraph 1  Petition for interdict

1. 1. straightforward cases
   2. other cases
2. other Outer House petitions
3. Inner House petitions

CHAPTER 3, paragraph 1  Petition for judicial review

CHAPTER 4, paragraph 1 Petitio

CHAPTER 5, paragraph 1 Petition

CHAPTER 6, paragraph 1 Summons

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

There is one exception under Chapter 2, paragraph 1(c) for Inner House petitions where we must allow “reasonable remuneration for the work having regard to the level of fees in this Table of Fees” 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 1

Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland)

Paragraph 7

Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007

1. petition
2. minute for revocation of permanence order or other minute in the adoption process

Paragraph 8

Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral

Written application under section 110 of the 2011 Act for review of grounds of determination.

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

Court of Session – Senior counsel

Paragraph 1(a)

Drafting of summons or petition

This fee is 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.