Fees for hearings

The Table of Fees prescribes a fee for various hearings depending on the nature of the hearing which may be payable based on the time engaged (per half hour).

Time based hearings

Court of Session – Junior counsel

Chapter 3, paragraph 2

Oral hearing at permission stage or procedural hearing

Chapter 4, paragraph 3

Motion for interim orders

Chapter 5, paragraph 4

Hearing to set timetable or determine procedure

Chapter 6, paragraph 9

Motions (including By Order hearings)

Chapter 6, paragraph 9A

Any other hearing where no other fee is specified

Chapter 6, Paragraph 11

Inner House (a) Single Bills

Chapter 6, paragraph 12

Attendance at judgment (a) Outer House

Chapter 6, paragraph 12

Attendance at judgement (b) Inner House

In relation to Chapters 1-5 inclusive the fees prescribed in Chapter 6 apply.

These fees are payable per half hour based on the actual and reasonable time engaged waiting for and conducting the relevant hearing.

Please note that the half-hourly rate varies based on the nature of the hearings.

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

Paragraph 7(d)

Hearing to set timetable or determine procedure

Paragraph 9

Motions

Paragraph 13

Child welfare hearing

Paragraph 14

Hearings under Part 2 of Chapter 3 of the Children (Scotland) Act 1995

1. under section 55 to defend an application for a child assessment order
2. under section 60(7) for an application to set aside or vary a child protection order
3. under section 67 to defend a warrant for further detention of a child

Paragraph 14A

Applications to the sheriff under the 2011 Act(a) under section 48 to vary or terminate a child protection order

1. under section 98 to extend or vary an interim compulsory supervision order
2. under section 99 to further extend or vary an interim compulsory supervision order
3. under section 166 to review a decision or determination to impose a duty on a local authority

Paragraph 17

Any other hearing where no other fee is specified

These fees are payable per half hour based on the actual and reasonable time engaged waiting for and conducting the relevant hearing.

Please note that the half-hourly rate varies based on the nature of the hearings and, for certain hearings, whether you are acting as ‘junior alone’, or as ‘junior with senior’.

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

Paragraph 4A

Applications to the sheriff under the 2011 Act

1. under section 48 to vary or terminate a child protection order
2. under section 98 to extend or vary an interim compulsory supervision order
3. under section 99 to further extend or vary an interim compulsory supervision order
4. under section 166 to review a decision or determination to impose a duty on a local authority.

These fees are payable per half hour based on the actual and reasonable time engaged waiting for and conducting the relevant hearing.

Time engaged at hearings

These fees are payable based on the time you were actually and reasonably engaged at the respective hearings. This includes time spent reasonably waiting for the hearing to call excluding any time waiting over the lunch adjournment, if applicable.

Where we are provided with the times and are satisfied that these are accurate we must allow the appropriate fee.

Where we are not provided with the time, or have information suggesting a higher or lower time may have been engaged (e.g. based on the times stated on the solicitor’s account), we will allow a reasonable fee corresponding to the times we are satisfied with and invite you to provide more information in support of the claim.

Motions

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

Paragraph 13(b) of the Notes on Operation states:

“except on cause shown, no fee shall be allowed to counsel for drafting or revising a motion or for attendance at the calling of a motion”

Where you attend a motion you must justify your attendance.

Where we are not satisfied based on the information available that your attendance was justified we will disallow the claim and invite you to provide further information.

Hearings attended by multiple counsel

Paragraph 12(d) of the notes on the operation states:

“notwithstanding that sanction may have been granted for the employment of senior counsel, or for the employment of a second junior counsel, fees shall not be payable for the attendance of two counsel at a hearing which by its nature does not require the attendance of a second counsel, or for the attendance of senior counsel at a hearing that by its nature does not require the attendance of senior counsel”

Diets at which we would not reasonably expect two counsel to attend would include:

• motion hearings of a routine nature
• procedural diets
• unopposed hearings
• advising hearings
• hearings on expenses; or
• diets where there is no substantial debate.

This is not intended to be an exhaustive list.

Where we are satisfied that it was reasonable for more than one counsel to attend we may allow the appropriate fee to both counsel.

Where we are not satisfied, for example no supporting narrative has been provided to justify the attendance, we must disallow the attendance of the second counsel and invite counsel to provide further information in support of the claim.

Routine Hearings

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

Paragraph 13(c) of the Notes on Operation states:

“except on cause shown, no fee shall be allowed to counsel for attendance at hearings which are routine, or procedural in nature, or unopposed”.

Where you attend a hearing of this nature you must justify your attendance.

Where we are not satisfied based on the information available that your attendance was justified we will disallow the claim and invite you to provide further information.

Substantive hearings

The Table of Fees prescribes a fee for substantive hearings.

Court of Session – Junior counsel

Chapter 3, paragraph 3

Substantive hearing

Chapter 4, paragraph 4

First or second hearing (per day)

Chapter 6, paragraph 10

Procedure roll, proof or jury trial (per day)

For any other hearings the fees prescribed in Chapter 6 apply.

These are standard fees, per day payable based on whether you are acting as ‘junior alone’ or as ‘junior with senior’, and cannot be increased or decreased where we are satisfied that a fee is payable.

Chapter 6, paragraph 11 Inner House

(b) reclaiming motion including appeal under section

163, 164 or 165 of the 2011 Act (per day)

Chapter 6, paragraph 11  Inner House (c) motion for new trial (per day)

In relation to Chapters 1-5 inclusive the fees prescribed in Chapter 6 apply.

These are standard fees, per day payable based on whether you are acting as ‘junior opening or appearing alone’ or ‘otherwise’, and 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 15

Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day)

1. up to 20 days
2. subsequent days.

These are standard fees, per day payable based on whether you are acting as ‘junior alone’, or as ‘junior with senior’, and cannot be increased or decreased where we are satisfied that a fee is payable.

This fee is payable where we are satisfied that the hearing is a proof, debate or meets the test of a ‘like hearing’, or is a substantive hearing or appeal hearing under the specified sections.

Paragraph 16

Appeal to the Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day)

This is a standard fee, per day payable based on whether you are acting as ‘junior alone’, or as ‘junior with senior’, and cannot be increased or decreased where we are satisfied that a fee is payable.

This fee is payable where we are satisfied that the hearing is a substantive appeal to the Sheriff Appeal Court or Upper Tribunal for Scotland.

Court of Session – Senior counsel

Paragraph 6

Day in court

(a) Inner House including appeal under section 163, 164 or 165 of the 2011 Act, and (b) Outer House

This is a standard fee payable for a day in court that cannot be increased or decreased where we are satisfied that a fee is payable.

Unlike the fees for junior counsel this is the only fee prescribed for senior counsel for a court hearing.

It is payable where we are satisfied that the ‘day in court’ relates to a proof, debate or substantive hearing. For example, where the hearing relates to any of the following chapters of Schedule 4, Table of Fees A:

For example, where the hearing relates to any of the following chapters of Schedule 4, Table of Fees A:

• Chapter 3, paragraph 3, for a substantive hearing in a Petition for judicial review
• Chapter 4, paragraph 4, for a First or second hearing in a child abduction case
• Chapter 6, paragraph 10, for a procedure roll, proof or jury trial
• Chapter 6, paragraph 11(b) for a reclaiming motion including appeal under section 163, 164 or 165 of the 2011 Act; or
• Chapter 6, paragraph 11(c) for motion for new trial.

In relation to other hearings you must justify your claim with reference to the substantive nature of the hearing.

Where we are not satisfied the fee claimed is justified we will allow a reasonable “assessed fee” and invite you to provide further information.

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

Paragraph 5

Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day)

1. up to 20 days
2. subsequent days.

This is a standard fee payable for a day in court that cannot be increased or decreased where we are satisfied that a fee is payable.

This fee is payable where we are satisfied that the hearing is a proof, debate, ‘like hearing’ or is a substantive hearing.

Paragraph 6

Appeal to Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day)

This is a standard fee payable for a day in court that cannot be increased or decreased where we are satisfied that a fee is payable.

This fee is payable where we are satisfied that the hearing is a substantive appeal hearing in the Sheriff Appeal Court or Upper Tribunal for Scotland.

Reduced court rate after 20 days

Proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day).

Where a proof, debate (or like hearing) or appeal under section 51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act exceeds 20 days in duration, regardless of whether this is over consecutive or different court days, then a lower fee is payable for each subsequent day in excess of 20 days.

We will have regard to the total number of day’s payable attended by all counsel acting in the same capacity in the proceedings and ensure that the reduced rates are applied for all days after the twentieth day.

For example, if junior counsel attended 22 proof days and another junior counsel attended two separate days, the four days after the first 20 must be paid at the reduced rate.

‘Day in court’ and ‘Like hearing’

There is no definition of what constitutes a “like hearing” where a fee is payable for a “proof, debate or like hearing”.

In the decision of the Inner House delivered by Lord Menzies in the hearing on Note of Objections to the Auditor’s Report by Mungo Bovey, KC. in the application of AB, [2021] CSIH 3, in the case of a permission hearing in relation to proceedings for judicial review the court opined “there are some permission hearings which may well satisfy the “like hearing” test. Whether they do or not will depend on all the circumstances of the case”.

This decision sets out the types of feature that would be persuasive in determining whether a hearing would be akin to a “like hearing” to a proof or debate. They are where the hearing:

• involved the leading of evidence and cross examination such as evidence on commission or evidential child welfare hearings
• required preparation
• was opposed
• involved citation of authority
• was potentially dispositive of the case
• required a Note of argument in advance of the hearing; and
• was particularly lengthy.

This was not necessarily a definitive list and we will consider any observations or features that are provided by you in support of any claim for a:

• ‘day in court’ under Part 2 of Table of Fees A; and
• ‘like hearing’ under Part 1 and Part 2 of Table of Fees B.

In a hearing of this nature you must justify your claim with reference to the substantive nature of the hearing.

Where we are not satisfied the fee claimed is justified we will allow the fee for “Any other hearing where no other fee is specified” (junior counsel), or a reasonable “assessed fee” (senior counsel) and invite you to provide further information.