Making up process

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Prescribed Fees

 

Advice & Assistance Not applicable
ABWOR Not applicable
Legal Aid  

Schedule 5 Civil Fees Regulations

 

 5(a)

You may be required to make up the process in Court of Session cases.

In the sheriff court the sheriff clerk is responsible for making up the process.

Where you are required to make up the process the fee payable is a standard fee prescribed at the formal rate.

The formal rate is payable regardless of the status of person carrying out the work, ie qualified/unqualified or the time engaged.

Advice and Assistance

There is no equivalent “making up process” fee as this constitutes representation.

ABWOR

There is no equivalent “making up process” fee.

However this is considered to be an attendance at court offices for performance of formal work with the fee payable being a standard fee prescribed at the formal rate.

Revising papers drawn by counsel or where ordered by the court – per five sheets
Borrowing process to include return of same

In this section

Guidance on chargeable work

Advocacy

Guidance on fee payable for the actual time spent by you in court conducting a hearing.

Guidance on chargeable work

Written representations where they replace the need for any oral hearing

Guidance on accounts for written representations where they replace the need for any oral hearing

Guidance on chargeable work

Waiting

Guidance on charging for waiting time

Guidance on chargeable work

Non-Advocacy

Meeting, consultation, court, waiting, preparation, perusal, telephone call, research, precognition, locus

Guidance on chargeable work

Preparation

Guidance on fees allowed for preparation

Guidance on chargeable work

Research

Guidance on charging for legal research

Guidance on chargeable work

Meetings

Guidance on allowable charges for meetings

Guidance on chargeable work

Perusal

Guidance on payment for perusals actually and reasonably done, due regard being had to economy, when chargeable.

Guidance on chargeable work

Solicitor’s clerks - the “unqualified” fee

Guidance on fees paid when you when you delegate appropriate work to an unqualified person.

Guidance on chargeable work

Affidavits

Guidance on fee payable for framing an affadavit

Guidance on chargeable work

Framing

Guidance on basis of charging for framing of documents

Guidance on chargeable work

Precognitions

Guidance on payment for chargeable precognition work actually and reasonably done.

Guidance on chargeable work

Letters

Guidance on payment made for written correspondence actually and reasonably done

Guidance on chargeable work

Telephone calls

Guidance on rates for telephone calls

Guidance on chargeable work

Citations

Guidance on fee payable where you serve a notice

Guidance on chargeable work

Instructing messengers-at-arms and sheriff officers

Guidance on chargeable work

Lodging

Guidance on fee payable where you lodge (whether electronically, via post or hand delivered) the first document in court

Guidance on chargeable work

Accepting service

Guidance on standard fee prescribed where you are required to accept service of a document, or writ, on your client’s behalf

Guidance on chargeable work

Intimating

Guidance on fee payable where it is necessary to intimate a document to another party

Guidance on chargeable work

Uplifting from court

Guidance on fee payable where you are required to uplift documents from court offices

Guidance on chargeable work

Enquiry for documents

Guidance on fee payable where you are required to make an enquiry of the court to establish if a document has been lodged

Guidance on chargeable work

Revising papers drawn by counsel or where ordered by the court – per five sheets

Guidance on fee chargeable where you are required to revise any document drawn by counsel, or where you are ordered to revise a document by the court

Guidance on chargeable work

Borrowing process to include return of same

Guidance on fee chargeable where you are required to borrow the process

Guidance on chargeable work

Certifying or signing a document

Guidance on fee chargeable where you are required to certify or sign a document that is lodged in court

Guidance on chargeable work

Engrossing

Guidance on a fee that is prescribed in relation to advice and assistance accounts only

Guidance on chargeable work

Photocopying & Printing

Guidance on fee payable for photocopying