Fees for revisals

Affidavits

Court of Session – Junior counsel

Chapter 4, paragraph 5    Revising any affidavit which requires to be lodged      

Chapter 5, paragraph 2    Revising any affidavit which requires to be lodged      

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

Where we are not satisfied that the affidavit has been lodged we will disallow the fee and invite you to confirm that the affidavit was lodged.

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

Paragraph 7

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

(c) revising each affidavit

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

Pleadings and minutes

Court of Session – Senior counsel

Paragraph 1

Revisal of pleadings         

(b) revisal of summons, defences, petition or answers

(c) adjustment fee (open record) (each occasion)

Paragraph 2

Minutes, etc. revisal fees          

(a) amendments (other than formal) or answers

(b) admissions, tender or acceptance (in appropriate cases)          

(c) note of exceptions

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 – Senior counsel

Paragraph 1

Revisal of pleadings         

(a) revisal of initial writ, defences, petition or answers

(b) adjustment fee (open record) (each occasion)

Paragraph 2

Other revisal fees                      

(a) amendments (other than formal) or answers

(b) admissions, tender or acceptance (in appropriate cases)          

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

Revisal of documents paid as a prescribed fee

Paragraph 8 of the notes on the operation states:

“The fees prescribed in the Tables of Fees for drafting any summons, petition, application other initiating document, defences, representations or answers include any work involved in revising such a document”

The prescribed fee for the drafting of any

• initiating document
• defences
• representations; or
• answers

includes any necessary revisal that is required before the document is lodged in court.

You should refer to the separate guidance in relation to initiating documents, defences and answers, for information in relation to the basis of charging for any such document.

In relation to representations we consider this to include any court document that requires to be lodged in the proceedings where a prescribed fee is payable.

For example, no revisal fee can be paid where the prescribed fee is payable for the drafting of:

• ‘Adjustment of pleadings’; or
• ‘drafting, revising and signing tender or acceptance’.

Where the document is drafted and revised by different junior counsel, it is a matter for counsel to decide whether the prescribed fee requires to be apportioned.

However, senior counsel may charge the prescribed revisal fee for a document drafted by junior counsel, where appropriate.

Revisal of documents paid as ‘assessed fees’

Paragraph 8 of the notes on the operation restricts itself to the revisal of prescribed fees.

Where the revisal relates to a document payable as an ‘assessed fee’ any subsequent revisal is necessary this can also be considered on a cause shown basis.

We will allow a reasonable ‘assessed fee’ having regard to all the circumstances including the overall fee claimed for the drafting and revising of the document and, if necessary, we will invite you to provide further information in support of the claim where we are unable to pay this in full or in part.

Revising a motion

Court of Session

The framing and revisal of motion is work that should be undertaken by the instructing solicitor standing the test that fees allowable to counsel shall be fees for such work as shall be determined by the Board to have been actually and reasonably done, due regard being had to economy (Regulation 9 of the Civil Fees Regulations).

In order to consider payment under these paragraphs we must be satisfied that it was necessary for counsel to revise the motion.

If the revisal was due to oversight then no fee will ordinarily be allowed.

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”

In order to consider payment under these paragraphs we must be satisfied that it was necessary for you to revise the motion.

If the revisal was due to oversight then no fee will ordinarily be allowed.