Schedule 2 Chapter IV: Accounts in respect of executry business

General

It is very unusual for applications for legal aid to be made in respect of executry business but where legal aid has been granted the account must be charged in terms of Schedule 2, Chapter IV of the Civil Fees Regulations.

Paragraph 1: Petition for decree dative

Inclusive fee for taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition

This is an inclusive fee taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition

Although paragraph 3, makes provision to allow fees for other work to be chargeable according to Schedule 3 of the Civil Fees Regulations this would not apply to any work which is covered by the inclusive fee.

Paragraph 2: Restriction of Caution

Inclusive fee for taking instructions to prepare petition, drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition

Where the court require caution the work involved this is the fee that is payable.

Although paragraph 3, makes provision to allow fees for other work to be chargeable according to Schedule 3 of the Civil Fees Regulations this would not apply to any work which is covered by the inclusive fee.

Paragraph 3: Fees for other work shall be chargeable according to Schedule 3

Schedule 3 is the detailed table of fees that is applicable to civil legal aid cases prior to the introduction of what was known as the ‘civil reforms’.

The fees applied to grants of legal aid on or after the 1 October 2003.

Posts and Incidents

You are entitled to claim for outlays in respect of posts and incidents of 12 per cent of the amount of the fees that you allow to the solicitor in terms of regulation 6 of the Civil Fees Regulations.

The posts and incidents would only be chargeable on any inclusive fees that are allowed under Schedule 2.

Any detailed fees that are chargeable according to Schedule 3 does not attract a separate posts and incidents fee.