Drafting minutes

Court of Session – Junior counsel

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 1, paragraph 4

Joint minute or minute of agreement regulating aliment, financial provision, orders relating to parental responsibilities or parental rights or any other matter in respect of which orders may be sought

1. straightforward cases
2. other cases
3. minute of agreement

Chapter 1, paragraph 5

Minute for decree

Chapter 6, paragraph 5    Minutes etc.

1. formal amendments or answers
2. amendments or answers other than formal
3. drafting, revising and signing tender or acceptance
4. note of exceptions
5. abandonment, sist, restriction, etc.
6. issue or counter issue

Where the drafting of a minute is necessary in relation to proceedings chargeable under Chapter 2- 5 inclusive 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 5

Minutes, etc.

1. formal amendments or answers
2. amendments or answers other than formal
3. drafting, revising and signing tender or acceptance
4. note of exceptions
5. abandonment, sist, restriction, etc.

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

Straightforward/other cases

For the purposes of a joint minute or minute of agreement (under Chapter 1, Paragraph 4), there is no definition of what constitutes a ‘straightforward’ minute compared to a minute in ‘other cases’ and we will therefore exercise our discretion based on the information available as to the level of fee which is reasonably payable.

If we are in any doubt as to the nature of the minute, we will seek further information in support of the fee claimed and, where necessary, request a copy of the minute.

Formal/other than formal

For the purposes of minutes of amendments or answers where you charge the ‘amendments or answers other than formal’ we must be satisfied that the appropriate fee has been claimed.

Where we are not satisfied we will only allow the ‘formal amendments or answers’ and invite you to provide further information in support of the claim.

Minute of pre-trial meeting and any associated joint minute (Court of Session only) 

Where the prescribed fee for a pre-trial meeting is payable this covers any minute of a pre-trial meeting and any associated joint minute.