The Civil Legal Aid (Scotland) (Fees) Regulations 1989

 

The Civil Legal Aid (Scotland) (Fees) Regulations 1989

1 Citation and commencement
2 Interpretation
3 Fees and outlays regulated by these Regulations
4 Fees and outlays allowable to solicitors
5 Further provision: schedules applicable
6 Further provision: post and incindents
7 Further provision: use of local agents
7A Single account where other solicitor employed
8 Accounts in respect of solicitors’ fees and outlays
9 Fees allowable to counsel
10 Further provision: Fees allowable to counsel
11 [Revoked] Payments to account
12 Taxation of fees and outlays
12A Taxation of fees and outlays – Supreme Court
13 Revocation
Schedule 2 Fees of Solicitors
Chapter 3 Part 1 Fees of Solicitors – summary cause
Chapter 4 Fees of Solicitors – executry business
Schedule 2A Fees of Solicitors – simple procedure and FTT
Schedule 3 Fees of Solicitors – proceedings in the Court of Session and Sheriff Court (largely superseded)
Schedule 4 Fees of Counsel – notes on the operation of Schedule 4
Table A Part 1 Fees of Junior Counsel in the Court of Session
Table A Part 2 Fees of Senior Counsel in the Court of Session
Table B Part 1 Fees of Junior Counsel in the sheriff court, SAC and First Tier Tribunal, etc.
Table B Part 2 Fees of Senior Counsel in the sheriff court, SAC and First Tier Tribunal, etc.
Schedule 5 Fees of Solicitors – detailed fees
Schedule 6 Fees of Solicitors – inclusive fees
Chapter 1 Part 1 Fees of Solicitors – no action raised
Chapter 1 Part 2 Fees of Solicitors – Undefended (excl. separation and divorce)
Chapter 1 Part 3 Fees of Solicitors – Undefended separation and divorce)
Chapter 2 Fees of Solicitors – defended actions
Chapter 3 Circumstances in which the board may allow a fee additional to the fees prescribed in Chapter II
Schedule 7 Sheriff court proceedings for which fees for work done shall only be payable under Schedule 5

As amended by (older instruments omitted):

The Legal Aid and Advice and Assistance (Solicitors’ Travel Fees) (Scotland) Regulations 2011 [S.S.I. 2011 No. 41]

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2011 [S.S.I. 2011 No. 160]

The Legal Aid and Advice and Assistance (Photocopying Fees and Welfare Reform) (Miscellaneous Amendments) (Scotland) Regulations 2013 [S.S.I. 2013 No. 250]

The Legal Aid and Assistance By Way of Representation (Fees for Time at Court and Travelling (Scotland) Regulations 2014 [S.S.I. No. 257]

The Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015 [S.S.I. No. 337]

The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2015 [S.S.I. No. 380]

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2016 [S.S.I. 2016 No. 290]

The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2016 [S.S.I. 2016 No. 257]

The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 2016 [S.S.I. 2016 No. 317]

The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2017 [S.S.I. 2017 No. 310]

The Legal Aid and Advice and Assistance (Scotland)(Miscellaneous Amendments) Regulations 2019 [S.S.I 2019 No.78]

The Coronavirus (Scotland) Act 2020

The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 [S.S.I. 2020 No.191]

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 [S.S.I. 2021 No.56]

The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 [S.S.I. 2021 No. 368]

Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022 [S.S.I. 2021 No. 368] in force 1 April 2022

The Coronavirus (Recovery and Reform) (Scotland) Act 2022 in force 1 October 2022

The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No 2) Regulations 2022 [SSI 2022 No 229] in force 1 October 2022

The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2023 [SSI 2023 No 135] in force 29 April 2023

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No.3) Regulations 2023 [SSI 2023 No 178] in force 21 September 2023

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No.4) Regulations 2023 [SSI 2023 No 313] in force 15 November 2023

The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024 [SSI 2024 No 119] in force 30 April 2024


 

The Civil Legal Aid (Scotland) (Fees) Regulations 1989

S.I. 1989 No 1490

Made: 14 August 1989
Laid before Parliament: 17 August 1989
Coming into force: 31 August 1989

 

The Secretary of State, in exercise of the powers conferred upon him by sections 33 and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

 

Citation and commencement

   1.   These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Regulations 1989 and shall come into force on 31 August 1989.

Interpretation

   2.—(1)   In these Regulations, unless the context otherwise requires —

the 2011 Act” means the Children’s Hearings (Scotland) Act 2011;

“auditor” means

(a)   in relation to proceedings in the Court of Session, Lands Valuation Appeal Court , First-tier Tribunal for Scotland, Upper Tribunal for Scotland or Employment Appeal Tribunal, the Auditor of the Court of Session;—

(aa)   in relation to proceedings in the Sheriff Appeal Court, the auditor of the Sheriff Appeal Court;

(b)   in relation to proceedings in a sheriff court the auditor of that sheriff court;

(c)   in relation to proceedings in the Scottish Land Court, the auditor of the Scottish Land Court;

(d)   in relation to proceedings in the Lands Tribunal for Scotland either —

(i)   the Auditor of the Court of Session, or

(ii)   the auditor of a sheriff court agreed to by the parties or, failing agreement, the auditor of a sheriff court specified by that Tribunal; and

(e)   in relation to proceedings in the Supreme Court, the Registrar of the Supreme Court;

“counsel” includes a solicitor-advocate, except in regulation 10(2) and Schedule 2;

“junior counsel” or “junior” includes a junior solicitor-advocate;

“outlays” does not include fees of counsel;

“right of audience” means, in relation to a solicitor, a right of audience in the Court of Session and the Supreme Court which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980;

“senior counsel” or “senior” includes a senior solicitor-advocate except in paragraph (1A) below; and

“solicitor-advocate” means a solicitor having a right of audience, whether instructed by another solicitor or not, when and only when—

(a)   that solicitor is exercising that right of audience or acting in connection with the exercise of that right; or

(b)   in relation to proceedings in the Sheriff Appeal Court —

(i)   the Board has authorised the employment of counsel under regulation 21(1)(ca) of the Civil Legal Aid (Scotland) Regulations 2002; and

(ii)   that solicitor would have been exercising that right of audience, or acting in connection with the exercise of that right, had the proceedings taken place in a court to which section 25A of the Solicitors (Scotland) Act 1980 applied;

and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.

   (1A)   For the purposes of these Regulations, a solicitor-advocate shall be—

(a)   a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case in the Supreme Court or where the Board has authorised the employment of senior counsel under regulation 21(1)(b) or (2) of the Civil Legal Aid (Scotland) Regulations 1987; or

(b)   a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, irrespective of whether or not the Board has authorised the employment of senior counsel in the case.

   (2)   In these Regulations, unless the context otherwise requires, any reference to proceedings in a court or tribunal includes any preparatory work done in connection with such proceedings, whether or not the proceedings were actually begun.

   (3)   In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to one of these Regulations and any reference to a numbered Schedule is a reference to a Schedule to these Regulations.

Fees and outlays regulated by these Regulations

   3.—(1)   These Regulations shall regulate the fees and outlays allowable to solicitors, and the fees allowable to counsel, from the Fund in respect of legal aid under the Legal Aid (Scotland) Act 1986, other than criminal legal aid, upon any taxation in accordance with regulation 12.

(2)   Subject to paragraph 3(b) and paragraphs (4) to (7), solicitors shall be paid fees and outlays, and counsel shall be paid fees, in accordance with regulations 4 to 12 of, and the Schedules to, these Regulations.

(3)   Where fees and outlays are recovered by virtue of an award of expenses in favour of a person who has received legal aid or of an agreement as to expenses in favour of such a person—

(a)   accounts of such fees and outlays, where they are taxed, shall be taxed as if the work done for that person were not legal aid; and

(b)   the Board may, at the request of the solicitor or any counsel acting for the person in receipt of legal aid at the conclusion of the proceedings, and subject to paragraphs (4) to (6), instead of making payment to that solicitor (or counsel as the case may be) in accordance with paragraph (2), pay to the solicitor (or counsel as the case may be) the amount of fees and outlays so recovered.

   (4)   Where the Board agrees to a request from the solicitor for payment in accordance with paragraph (3)(b), the Board shall also make payment in accordance with paragraph (3)(b) to any counsel entitled to request such payment.

(4A)   Where counsel requests payment in accordance with paragraph (3)(b) in a case where the solicitor last acting requests payment in accordance with paragraph (2)—

(a)   the solicitor’s fees and outlays shall be paid in accordance with paragraph (2);

(b)   the Board shall determine as accurately as is reasonable what part of the fees and outlays recovered represents fees payable to any counsel;

(c)   the solicitor and counsel shall supply the Board with such information as the Board may require for the purpose of determining the sum referred to in paragraph (b);

(d)   subject to paragraph (5), the Board may make payment to counsel of the sum determined in accordance with sub-paragraph (b) if satisfied that it is reasonable to do so having regard to all the circumstances including —

(i)   the respective roles of counsel and any counsel previously acting for the person in receipt of legal aid;

(ii)   any sums paid or due to be paid to any counsel previously acting for the person in receipt of legal aid;

(iii)   the sum that would be paid to counsel in accordance with paragraph (2); and

(iV)   any resultant cost to the Fund or to the person in receipt of legal aid.

   (5)   The Board shall deduct from the sum payable in accordance with paragraph (3)(b) the amount of any payment made, or due to be made, by it to the solicitor or counsel referred to in that paragraph, or to any other solicitor or counsel who previously acted for that person, in respect of those proceedings.

(6)   Where a payment is made to counsel in accordance with paragraph 3(b) no counsel who previously acted for the person in receipt of legal aid in those proceedings may refer to the auditor any question or dispute as to the amount of fees allowable in the proceedings.

   (7)   In relation to children’s legal aid provided automatically under section 28C of the Legal Aid (Scotland) Act 1986, solicitors are to be paid fees in accordance with the fees prescribed in relation to children’s matters in Part 1 of Schedule 3 to the Advice and Assistance (Scotland) Regulations 1996.

Fees and outlays allowable to solicitors

   4.   Subject to the provisions of regulations 5 and 7 regarding the calculation of fees, regulations 6 and 7 regarding the calculation of outlays, and the provisions of regulations 7A and 8 regarding the submission of accounts, a solicitor shall be allowed such amount of fees and outlays as shall be determined by the Board to be reasonable remuneration for work actually, necessarily and reasonably done and outlays actually, necessarily and reasonably incurred, for conducting the proceedings in a proper manner, as between solicitor and client, third party paying.

   5.—(1)   A solicitor’s fees in relation to proceedings in the Court of Session or the Upper Tribunal for Scotland shall be calculated in accordance with Schedule 5.

   (1A)   A solicitor’s fees in relation to proceedings in the Sheriff Appeal Court shall be calculated in accordance with either Schedule 5 or Schedule 6 but it shall not be competent to charge fees partly on the basis of Schedule 5 and partly on the basis of Schedule 6.

(1B)   A solicitor’s fees in relation to proceedings in the First-tier Tribunal for Scotland shall be calculated in accordance with schedule 2A.

(2)   A solicitor’s fees in relation to proceedings in the sheriff court—

(a)   shall, subject to sub-paragraphs (b), (ba) and (c), be calculated in accordance with chapters I and II of Schedule 6;

(b)   which are listed in Schedule 7 shall be calculated in accordance with Schedule 5; /p>

(ba)   in a simple procedure case (within the meaning of section 72(3) of the Courts Reform (Scotland) Act 2014 shall be calculated in accordance with Schedule 2A; and

(d)   which consist of a summary cause or executry business shall be calculated in accordance with chapter III or IV respectively of Schedule 2.

   (2A)   For the purpose of calculating the fees set out in Schedule 6, a unit has the value of £26.30.

(2b)   Where a solicitor does work which comes within chapter I of Schedule 6 (undefended cases) and, in the same case, does work which comes within chapter II of that Schedule (defended cases) the fee for all work in that case shall be calculated on the basis of the fees set out in chapter II of that Schedule.

(2C)   Subject to paragraph (2D), the Board may at its discretion allow a fee additional to the fees prescribed in chapter II of Schedule 6 where it is satisfied that any of the circumstances prescribed in chapter III of that Schedule exist, and have a significant effect on the conduct of the case.

(2D)   The additional fee allowable in accordance with paragraph (2C) shall be 15% of the fee authorised by Chapter II of Schedule 6 in respect of each of the circumstances specified in paragraphs 1 to 5A of Chapter III of that Schedule and 20% of the said fee authorised in respect of each of the circumstances specified in paragraphs 6 and 7 of said Chapter III, up to a maximum in any case of 50% of that fee.

(2E)   Fees for sequestration in bankruptcy (other than summary sequestrations) shall be chargeable only on the basis of Schedule 3 and fees for summary sequestrations shall be chargeable only on the basis of 80 per cent of the fees in that Schedule.

(3)   A solicitor’s fees in relation to proceedings in the and the Supreme Court on appeal from the Court of Session or under paragraph 10 or 33 of Schedule 6 to the Scotland Act 1998, Employment Appeal Tribunal, Lands Valuation Appeal Court, Scottish Land Court or Lands Tribunal for Scotland, or before the Upper Tribunal or the Social Security Commissioners, shall be calculated in accordance with Schedule 5.

(4)   In all Court of Session proceedings or proceedings in the Sheriff Appeal Court a fee, additional to those set out in Schedule 5 and not exceeding 50 per cent of those fees may be allowed at the discretion of the Court to cover the responsibility undertaken by a solicitor in the conduct of the proceedings. In the sheriff court, in proceedings of importance or requiring special preparation, the sheriff may allow a percentage increase in a cause on the Summary Cause Roll, not exceeding 100 per cent, of the fees authorised by Schedules 2 or 3 to cover the responsibility undertaken by the solicitor in the conduct of the proceedings. The Court of Session, or as the case may be the Sheriff Appeal Court, in deciding whether to allow an additional fee and the Board, or as the case may be the Auditor, in determining that fee or the sheriff in fixing the amount of a percentage fee increase shall take into account the following factors—

(a)   the complexity of the proceedings and the number, difficulty or novelty of the questions involved;

(b)   the skill, specialised knowledge and responsibility required of and the time and labour expended by the solicitor;

(c)   the number and importance of the documents prepared or perused;

(d)   the place and circumstances of the proceedings or in which the solicitor’s work of preparation for and conduct of it has been carried out;

(e)   the importance of the proceedings or the subject matter thereof to the client;

(f)   the amount or value of money or property involved; and

(g)   the steps taken with a view to settling the proceedings, limiting the matters in dispute or limiting the scope of any hearing; and

(h)   any other fees and allowances payable to the solicitor in respect of other items in the same proceedings and otherwise charged for in the account.

   (5)   The Auditor of the Court of Session shall have power to increase or decrease any inclusive fee set out in Schedule 1 in any appropriate circumstances.

(6)   The auditor shall have the power to apportion any fees set out in Schedules 1, 2 or 6 between solicitors in appropriate circumstances or to modify any such fees in the case of a solicitor acting for more than one party in the same proceedings or in the case of the same solicitor acting in more than one proceeding arising out of the same circumstances or in the event of the proceedings being settled or disposed of at a stage when the work covered by any inclusive fee has not been completed.

   (7)   Where work done by a solicitor constitutes a supply of services in respect of which value-added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this regulation an amount equal to the amount of value-added tax chargeable.

   6.   A solicitor’s outlays shall include a charge in respect of posts and incidents of 12 per cent of the amount of the fees allowable to the solicitor in Schedules 1 and 2 (excluding any amount added in accordance with regulations 5(4) and (7). In Schedule 5 or 6, without prejudice to any other claims for outlays, a solicitor shall not be allowed outlays representing posts and incidents.

   7.   Where any work is carried out in the preparation for or conduct of the proceedings and that work could more economically have been done by instructing a local solicitor, only such fees and outlays shall be allowed as would have been allowable if a local solicitor had been instructed, including reasonable fees for instructing and corresponding with him, unless it was reasonable in the interests of the client that the solicitor in charge of the proceedings, or a solicitor or clerk authorised by him, should attend personally.

Single account where other solicitor employed

   7A.—(1)   Paragraphs (2) and (3) apply where a solicitor (“the nominated solicitor”) instructs another solicitor to carry out work in relation to proceedings (other than proceedings in the Sheriff Appeal Court, the Court of Session or the Supreme Court).

(2)   Accounts in respect of fees and outlays allowable to solicitors shall be submitted to the Board only by the nominated solicitor, payment of the other solicitor being a matter for adjustment between the nominated solicitor and the other solicitor out of the fees and outlays allowed to the nominated solicitor.

   (3)   In determining the sum to be allowed to the nominated solicitor, the Board shall take into account also the work carried out by the other solicitor.

Accounts in respect of solicitors’ fees and outlays

   8.—(1)   Subject to paragraph (2) below, accounts prepared in respect of fees and outlays allowable to solicitors and fees allowable to counsel shall be submitted to the Board no later than 4 months after the date of completion of the proceedings in respect of which that legal aid was granted.

   (2)   The Board may accept accounts submitted in respect of fees and outlays allowable to solicitors and fees allowable to counsel later than the 4 months referred to in paragraph (1) if it considers that there is a special reason for the late submission.

Fees allowable to counsel

   9.   Subject to the provisions of regulation 8 regarding the submission of accounts, and the provisions of regulation 10 regarding the calculation of fees, the 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.

   10.—(1)   Counsel’s fees in relation to proceedings in the Court of Session , Upper Tribunal for Scotland, Sheriff Appeal Court , First-tier Tribunal for Scotland and sheriff court shall be calculated in accordance with Schedule 4.

   (2)   Counsel’s fees for any work in relation to proceedings in the Supreme Court, Restrictive Practices Court, Employment Appeal Tribunal, Lands Valuation Appeal Court, Scottish Land Court or Lands Tribunal for Scotland, or before the Upper Tribunal or the Social Security Commissioners, shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.

(2A)   The fees of a solicitor-advocate for any work in relation to proceedings in the Supreme Court shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.

   (3)   Where work done by counsel constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this Regulation an amount equal to the amount of value added tax chargeable thereon.

Payments to account

   11.   [Revoked by the Coronavirus (Recovery and Reform) (Scotland) Act 2022 in force 1 October 2022]

Taxation of Fees and Outlays

   12.—(1)   If any question or dispute arises between the Board and a solicitor or counsel as to the amount of fees or outlays allowable to the solicitor, or as to the amount of fees allowable to counsel, from the Fund under these Regulations, other than regulation 11 above, the matter shall be referred for taxation by the auditor.

(2)   A reference to the auditor under paragraph (1) above may be at the instance of the solicitor concerned or, where the question or dispute affects the fees allowable to counsel, of the counsel concerned, or of the Board, and the auditor shall give reasonable notice of the diet of taxation to the solicitor or counsel as appropriate and to the Board.

Subject to regulation 12A , the Board and any other party to a reference to the auditor under paragraph (1) above shall have the right to state written objections to the court in relation to the auditor’s report within 14 days of the issue of that report, and may be heard thereon; and where the court is the Court of Session rule 349 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 shall apply to the determination of any such objections.

(3)   For the purposes of this Regulation the expression “the court” means—

(a)   in relation to any report of the Auditor of the Court of Session, the Court of Session;

(aa)   in relation to any report of the auditor of a sheriff court in relation to proceedings in the Sheriff Appeal Court, the Sheriff Appeal Court;

(b)   in relation to any report of the auditor of a sheriff court, (other than a report in relation to proceedings in the Sheriff Appeal Court), the sheriff; and

(c)   in relation to any report of the Auditor of the Scottish Land Court, the Chairman of the Scottish Land Court.

   12A.—(1)   In relation to proceedings in the Supreme Court, the Board and any other party to a reference to the auditor who is dissatisfied with all or part of a taxation shall have the right to lodge a petition to the Supreme Court within 14 days of the taxation setting out the items objected to and the nature and grounds of the objections.

   (2)   The petition shall be served on the Board, any such other party who attended the taxation and any other party to whom the auditor directs that a copy should be delivered.

(3)   Any party upon whom such a petition is delivered may within 14 days after such delivery lodge a response to the petition which shall be served on the Board, any such other party who attended the taxation and any other party to whom the auditor directs that a copy should be delivered.

   (4)   The petition and responses, if any, shall be considered by a panel of Justices, as defined by rule 3(2) of the Supreme Court Rules 2009, which may allow or dismiss the petition without a hearing, invite any or all of the parties to lodge submissions or further submissions in writing or direct that an oral hearing be held.

Revocation

   13.—(1)   Sub para 1:—

The Civil Legal Aid (Scotland) (Fees) Regulations 1987;
The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1987;
The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1987;
The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1988;
The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1988;
The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1989.

 

  • Sanderson of Bowden
  • Minister of State,
  • Scottish Office
  • St Andrew’s House, Edinburgh

14 August 1989

SCHEDULES TO THE CIVIL LEGAL AID (FEES) (SCOTLAND) REGULATIONS 1989

Notes: The Tables of Fees for the payment of solicitors at Schedules 1 to 3 apply to proceedings where civil legal aid was made available before 1 October 2003. On that date Schedules 5 to 7, introduced as part of civil legal aid reform, came into force and apply to grants of civil legal aid from 1 October 2003.

The following Schedules have been removed from our published legislation as being no longer relevant:

  1. Schedule 1
  2. Schedule 2, chapters I and II

 

 


Schedule 2 - chapter 3

Chapter III - Fees of solicitors for proceedings in the sheriff court

  • Summary cause proceedings: on or after 29 April 2023
  • Summary cause proceedings: on or after 1 April 2022 but before 29 April 2023
  • Table of fees for summary cause proceedings applying to work done or outlays incurred on or after 22 March 2021 but before 1 April 2022
  • Table of fees for summary cause proceedings applying to work done or outlays incurred after 26 April 2019 but before 22 March 2021
  • Table of fees for summary cause proceedings applying to work done or outlays incurred before 26 April 2019

Schedule 2 - chapter 4

Chapter IV - Executry business

  • Executry business: on or after 29 April 2023
  • Executry business: on or after 1 April 2022 but before 29 April 2023
  • Executry business: Table of fees for work done or outlays incurred on or after 22 March 2021 but before 1 April 2022
  • Executry business: Table of fees for work done or outlays incurred after 26 April 2019 but before 22 March 2021
  • Executry business: Table of fees for work done or outlays incurred before 26 April 2019

Schedule 2a

  • On or after 29 April 2023
  • On or after 1 April 2022 but before 29 April 2023
  • Simple procedure: Table of fees for work done or outlays incurred on or after 22 March 2021 but before 1 April 2022
  • Simple procedure: Table of fees for work done or outlays incurred on or after 26 April 2019 but before 22 March 2021
  • Simple procedure: Table of fees for work done or outlays incurred before 26 April 2019

Schedule 3

Table of detailed fees chargeable by solicitors for proceedings in the Court of Session and sheriff court[83]

  • Proceedings in the Court of Session and Sheriff Court: Fees and outlays incurred on or after 29 April 2023
  • Proceedings in the Court of Session and Sheriff Court: Fees and outlays incurred on or after 1 April 2022 but before 29 April 2023
  • Proceedings in the Court of Session and Sheriff Court: Fees and outlays incurred after 26 April 2019
  • Proceedings in the Court of Session and Sheriff Court: Fees and outlays incurred before 26 April 2019

Schedule 4 - Applying to work done or outlays incurred on or after 30 April 2024

  • Notes on the operation of Schedule 4: on or after 30 April 2024
  • Court of Session – Junior Counsel fees: on or after 30 April 2024
  • Court of Session – Senior Counsel fees: on or after 30 April 2024
  • Sheriff Court, First-tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland – Junior Counsel fees: on or after 30 April 2024
  • Sheriff Court, First-tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland – Senior Counsel fees: on or after 30 April 2024

Schedule 4 - Applying to work done or outlays incurred on or after 1 April 2022 but before 30 April 2024

  • Notes on the operation of Schedule 4: on or after 1 April 2022 but before 30 April 2024
  • Court of Session – Junior Counsel fees: on or after 1 April 2022 but before 30 April 2024
  • Court of Session – Senior Counsel fees: on or after 1 April 2022 but before 30 April 2024
  • Sheriff Court, First-tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland – Junior Counsel fees: on or after 1 April 2022 but before 30 April 2024
  • Sheriff Court, First-tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland – Senior Counsel fees: on or after 1 April 2022 but before 30 April 2024

Schedule 4 - Applying to work done or outlays incurred on or after 22 March 2021 but before 1 April 2022

  • Notes on the operation of Schedule 4: on or after 22 March 2021 but before 1 April 2022
  • Court of Session – Junior Counsel fees: on or after 22 March 2021 but before 1 April 2022
  • Court of Session – Senior Counsel fees: on or after 22 March 2021 but before 1 April 2022
  • Sheriff Court, First-tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland – Junior Counsel fees: on or after 22 March 2021 but before 1 April 2022
  • Sheriff Court, First-tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland – Senior Counsel fees: on or after 22 March 2021 but before 1 April 2022

Schedule 4 - Applying to work done or outlays incurred on or after 26 April 2019 but before 22 March 2021

  • Notes on the operation of Schedule 4: on or after 26 April 2019 but before 22 March 2021
  • Court of Session – Junior Counsel fees: work done or outlays incurred on or after 26 April 2019 but before 22 March 2021
  • Court of Session – Senior Counsel fees: work done or outlays incurred on or after 26 April 2019 but before 22 March 2021
  • Sheriff Court, First-tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland – Junior Counsel fees: work done or outlays incurred on or after 26 April 2019 but before 22 March 2021
  • Sheriff Court, First-tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland – Senior Counsel fees: work done or outlays incurred on or after 26 April 2019 but before 22 March 2021

Schedule 4 - Applying to work done or outlays incurred pre 26 April 2019

Fees of counsel for proceedings in the Court of Session[86], sheriff appeal court, Sheriff Court and Upper Tribunal for Scotland.

  • Schedule 4 and table of fees applying to work done between or outlays incurred on or after 1 April 2011 and 26 April 2019
  • Schedule 4 and table of fees applying to work done or outlays incurred before 1 April 2011

Schedule 5

Table of detailed fees chargeable by solicitors for proceedings in the Court of Session[121], Sheriff Appeal Court and Upper Tribunal for Scotland, proceedings listed at regulation 5(3) and proceedings in the sheriff court listed in Schedule 7

  • On or after 29 April 2023
  • On or after 1 April 2022 but before 29 April 2023
  • On or after 22 March 2021 but before 1 April 2022
  • On or after 26 April 2019 but before 22 March 2021
  • Before 26 April 2019

Schedule 6 - Chapter 1: Tables of fees on or after 22 March 2021

  • Where no action raised or action is undefended: on or after 29 April 2023
  • Where no action raised or action is undefended: on or after 1 April 2022 but before 29 April 2023
  • Civil Legal Aid – where no action raised or action is undefended: applying to fees for work done or outlays incurred on or after 22 March 2021 but before 1 April 2022
  • Civil Legal Aid – undefended actions – except actions of divorce or separation and aliment: applying to fees for work done or outlays incurred on or after 22 March 2021
  • Civil Legal Aid – undefended actions of divorce or separation and aliment: applying to fees for work done or outlays incurred on or after 22 March 2021

Schedule 6 - Chapter I: Tables of fees prior to 22 March 2021

NOTE
As substituted by S.S.I. 2007 No.14 (in force from 10 February 2007), and amended by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009.
Table of fees chargeable by solicitors for proceedings in the Sheriff Court (except summary cause and executry proceedings and the proceedings listed in Schedule 7) [128]and in the Sheriff Appeal Court.
Regulations 5 and 6

  • Civil Legal Aid – where no action raised or action is undefended: applying to fees for work done or outlays incurred before 22 March 2021
  • Civil Legal Aid – undefended actions – except actions of divorce or separation and aliment: applying to fees for work done or outlays incurred before 22 March 2021
  • Civil Legal Aid – undefended actions of divorce or separation and aliment: applying to fees for work done or outlays incurred before 22 March 2021

Schedule 6 - Chapter II: Tables of fees on or after 22 March 2021

  • Defended actions: on or after 15 November 2023
  • Defended actions: on or after 25 September 2023 but before 15 November 2023
  • Defended actions: on or after 29 April 2023 but before 25 September 2023
  • Defended actions: on or after 1 April 2022 but before 29 April 2023
  • Civil Legal Aid – Defended actions: fees on or after 22 March 2021 but before 1 April 2022
  • Schedule 6 – Chapter 2: Notes on the operation

Schedule 6 - Chapter II: Tables of fees prior to 22 March 2021

Sheriff court civil fees (defended)

Notes on the operation of chapter II

Payment of the fees set out in the table in this chapter is subject to the following provisions.

  1. In assessing any account lodged with the Board on a solicitor and client, third party paying basis, regard shall be had to –

(a) what would be considered reasonable in a judicial taxation, on a party and party basis, for conducting the proceedings in a proper manner; and

(b) any work or expense specifically sanctioned, certified or authorised by the Board.

  1. It shall be competent for the Auditor to disallow any fee which he shall judge irregular or unnecessary.
  2. In the taxation of accounts where counsel is employed –

(a) counsel’s fees are allowed only where the Board has sanctioned the employment of counsel;

(b) except on cause shown, fees to counsel for only two consultations in the course of the cause are allowed; and

(c) except on cause shown, fees to counsel shall not be payable for attendance at hearings which are routine or procedural or which do not advance the cause.

  1. A fee in respect of a Minute of Amendment is only payable to the solicitor bringing the amendment where –

(a) the Minute was necessary due to a new development in the case;

(b) relevant information which was previously unknown to the solicitor came to the solicitor’s attention; or

(c) the work could not have been done at an earlier stage in the proceedings.

  1. The fees set out in this chapter include –

(a) all correspondence, telephone calls or communication of whatever nature with the Board;

(b) all fees incurred by any other solicitor in relation to work done in any part of the case, which shall not be a chargeable outlay; and

(c) copyings,

and include not only the work expressly set out within the terms of each paragraph but also (unless specifically provided for) all meetings, correspondence, precognitions, negotiation ancillary thereto, and all posts and incidental expenses.

  1. The fee under paragraph 1(d) is payable on each transfer of agency but is not payable where an advice and assistance account in respect of the same matter is charged to the Board or the client. Where there is a transfer of agency, the solicitor from whom agency is transferred shall be paid the whole fee for work done by that solicitor in respect of any paragraph or sub-paragraph; and where work done under any paragraph or sub-paragraph is only partially completed by that solicitor, the fee payable in respect of that work shall be apportioned equally between the solicitor from whom agency is transferred and the solicitor to whom agency is transferred.

7.[136]

A fee is payable under paragraph 2(a)(i), (ii) or (iii); more than one fee cannot be claimed. The fee under paragraph 2(a)(ii) is only payable where it is unlikely that the action would have settled without the input of the solicitor and the solicitor certifies that settlement took place in consequence of one or both of the following circumstances:-

(a) settlement was expressed within an extraneous Minute of Agreement or a Joint Minute (other than a Joint Minute for dismissal or decree simpliciter) encompassing an outcome materially different from the terms of any interim order of court in force immediately prior to the execution of that Joint Minute or Minute of Agreement;

(b) settlement followed upon an exercise of sustained negotiation involving a significant level of discussion between solicitor, the client or the opponent (or their agent) taking place after the conclusion of the work payable under paragraph 1 and clearly documented on the file for perusal, if required, by the Board.

7A.[137] The fee under paragraph 2(a)(iii) is payable only where–

(a) no settlement is achieved but an outcome or disposal is reached and the solicitor can demonstrate that an exercise of sustained negotiation involving a significant level of discussion between the solicitor, the client and, as the case may be, the opponent (or the opponent’s agent) took place;

(b) the Board is satisfied that all the additional work carried out by the solicitor was reasonable and necessary in all the circumstances of the case; and

(c) the work is clearly documented on the file and may be perused by the Board as required.

8.[138] The factors that the Board or, as the case may be, the Auditor shall take into account in assessing a claim based on paragraph 2(a)(ii) or (iii) will be a lengthy meeting or series of meetings or correspondence or other communication between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.

9.[139] The fee under paragraph 3(a) is payable only in relation to time engaged in the conduct of the hearing and any continued hearing including a hearing under Rule 18.3 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907. The conduct of the hearing is the actual time involved in the substantive argument and does not include any formal attendance at a hearing for the purpose of seeking an adjournment or other formal attendance not devoted to the stating of the argument.

  1. The fee payable under paragraph 3(a)(i) includes the first quarter hour of argument, even if involving appearances on different dates. The fee is not chargeable on a quarter hour block but rather on the total number of minutes taken up in argument at a hearing or continued hearings.
  2. The fee payable under paragraph 4(a) includes the notarial fee unless, on cause shown, the affidavit cannot be notarised within the principal agent’s firm, in which case a fee of one unit is payable to the external notary. Charges levied by notaries outwith the United Kingdom shall be paid according to the circumstances of the case.
  3. The fees under paragraph 4(b), (c), (d) and (e) are payable only once in any case.
    1. The fee under paragraph 4(e) is payable only where the settlement conference or negotiation takes place in one location or by telephone. This fee is payable in relation to one meeting (including a continued meeting) in relation to any case and is payable only where-

(a) negotiation commences at least 14 days prior to the proof; and

(b) the fee under paragraph 4(f) is not charged in the case,

and where this fee is claimed the work done should be clearly documented on the file, for perusal, if required, by the Board.

 

  1. The fee under paragraph 4(f) is payable only where no other attendance fee is charged in relation to any appearance at which authority is interponed to the Joint Minute and is not payable in addition to any fee under paragraph 5(a)(ii) to (iii).

14A.[140] The fee under paragraph 4(k) in contentious contact dispute cases is payable only where the additional work is necessary as a result of a material issue and not due to one party’s refusal to resolve any contact issue.

14B. [141] The fee under paragraph 4(k) is payable in respect of each of the circumstances specified in that sub-paragraph.

  1. The fee under paragraph 5(a) is only payable once in any case and the fee under paragraph 5(a)(iii) includes preparation for a debate on evidence.
  2. The fee under paragraph 5(b) is payable only in respect of a debate in law.

 

17.[142]

  1. Notwithstanding paragraph 5(e), the taking of an appeal to the [143]Sheriff Appeal Court is a distinct proceeding and shall require a separate application for civil legal aid and nothing in this table shall imply otherwise.
  2. [144]The fee under paragraph 6 is payable on the total time engaged per day and is payable cumulatively between waiting and conduct time, rounded up to the nearest 15 minutes. The fee is payable–
    • (a) from the time appointed by the court for the hearing; or
    • (b) from the conclusion of any other business (including non legal aid cases) ending prior to the hearing,

    whichever is the shorter.

  1. The fees payable under this chapter include all travel to court, except as otherwise provided for by paragraph 21.

21.[145] In addition to the fees payable under this chapter, travel time is payable at £7.49[146] per 15 minutes and is allowable only in relation to an attendance at court, subject to the following conditions:-

(a)the solicitor claiming travel time is a solicitor with whom the client has had significant contact in relation to the conduct of the case;

(b)[147]the solicitor’s attendance is necessary for the advancement of the case;

(c)[148]the distance travelled is at least 10 miles in each direction from the solicitor’s normal place of work;

(d)[149]when payment for travel time is claimed for more than one case, the time shall be apportioned equally among the various cases for which the solicitor attended court (including non legally aided cases).

  1. Travel expenses may only be incurred where travel time is chargeable.
  2. Where it would be more cost effective to travel by public transport the solicitor shall do so.

24.[150] Unless otherwise prescribed no fee is allowable unless the work for which the fee is payable has been completed in its entirety. Except as provided for by paragraph 25 or where otherwise prescribed, no fee is allowable unless the work for which the fee is payable has been completed in its entirety. [150a]

25. (1) During the emergency period, where a solicitor submits a claim for payment in such form as the Board may require for work which has been commenced but not yet completed in its entirety, the Board may make payment to account of the amount of the fee which would be payable in accordance with the table in this chapter if that work had been completed in its entirety, subject to the following conditions:-

(a) a payment made under this paragraph shall be an interim payment only and the fee payable to the solicitor, if any, in respect of the work to which such interim payment relates shall be assessed upon receipt of a claim by the solicitor for fees payable in accordance with this chapter;

(b) when assessing the fee payable to a solicitor in respect of legal aid the Board may have regard to any interim payment, or payments, made under this paragraph in relation to the same matter and may reduce the amount of the fee payable to the solicitor accordingly;

(c) where interim payment has been made in accordance with this paragraph but the payment made exceeds the fee payable to the solicitor in respect of the work carried out under this chapter, the excess shall be repaid by the solicitor to the Fund.

(2) For the purposes of this chapter “emergency period” is the period beginning on 1 July 2020 and ending on the date on which Part 9 of schedule 4 of the Coronavirus (Scotland) Act 2020(a) expires in accordance with section 12 of that Act.[150b]

  • Civil Legal Aid – Defended actions: fees prior to 22 March 2021

Schedule 6 – Chapter III: Circumstances where the Board may allow a fee additional to the fees prescribed in Chapter III

Schedule 6 - Chapter III: Circumstances where the Board may allow a fee additional to the fees prescribed in Chapter III

Schedule 7 - Sheriff Court proceedings for which fees for work done shall only be payable under Schedule 5

Schedule 7 – Sheriff Court proceedings for which fees for work done shall only be payable under Schedule 5

Schedule 7 - Sheriff Court proceedings for which fees for work done shall only be payable under Schedule 5