OpenLegislation

Schedule

Original text. Later amendments are not shown.

“TABLE OF FEES

CHAPTER I

JUNIOR COUNSEL

PART I

UNDEFENDED ACTIONS OF DIVORCE OR SEPARATION – AFFIDAVIT PROCEDURE

1

Summons or other initiating writ

(a)

Subject to sub-paragraph (b) below the fees shall be–

(i)

where the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976f1 are relied on

£26.50
(ii)

where the facts set out in section 1(2)(a) (adultery) or section 1(2)(c) (desertion) of the said Act are relied on and the action is not straightforward

£26.50
(iii)

where the facts set out in the said section 1(2)(a) (adultery) or section 1(2)(c) (desertion) are relied on and the action is straightforward

£21.50
(iv)

where the facts set out in section 1(2)(d) (2 years' non-cohabitation and consent) or 1(2)(e) (5 years' non-cohabitation) of the said Act are relied on

£21.50
(b)

Where common law interdict and/or any order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981f2 or any other ancillary order is also sought, the fee shall be within the following range:–

From£26.50
To£49.50
2

Minute

(a)

Minute involving arrangements for a child or children and/or financial provision

£19.50
(b)

Any other minute

£15.00
3

By Order Roll appearance

£15.00
4

All other work

The fees specified in Part IV shall apply.

PART II

CONSISTORIAL ACTIONS OTHER THAN THOSE TO WHICH PART I APPLIES

1

Summons or other initiating writ

The fees specified in Part I shall apply.

2

Minute for pursuer relating to custody, aliment or access

£22.00
3

Defences or answers

(a)

Defences or answers in purely skeleton form to preserve rights of parties

£12.50
(b)

Answers to minute

£19.50
(c)

The fee for defences or answers to which sub-paragraph (a) or (b) does not apply shall be within the following range:–

From£21.50
To£44.50
4

Joint minute regulating custody, aliment or access

Framing or adjusting the minute

£19.00
5

By Order Roll appearance

£15.00
6

All other work

The fees specified in Part IV shall apply.

PART III

PETITIONS

1

Petition (including any revisals thereto)

(a)

Petition for interdict

£56.00
(b)

Other Outer House petitions

£37.50
(c)

Inner House petition: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work.

2

Answers (including any revisals thereto)

(a)

Petition for interdict

£56.00
(b)

Other Outer House petitions

£34.50
(c)

Inner House petitions: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work.

3

All other work

The fees specified in Part IV shall apply.

PART IV

ORDINARY ACTIONS

1

Summons (including any revisals thereto)

(a)

Straightforward cases

£47.00
(b)

Other cases

£61.50
2

Defences (including any revisals thereto)

(a)

Where in purely skeleton form to preserve rights of parties

£12.50
(b)

Otherwise the fee shall be within the following range, having regard to nature of summons:–

From£47.00
To£61.50
3

Adjustment of record

(a)

Adjustment fee (each occasion)

£19.50
(b)

Additional adjustment fee, where skeleton defences require to be amplified, where additional parties are introduced, etc.

£47.00
4

Specification of documents

Standard calls only

£19.50
5

Minutes, etc.

(a)

Formal amendments or answers

£18.00
(b)

Amendments or answers other than formal

£31.50
(c)

Revising and signing tender or acceptance

£8.00
(d)

Note of exceptions

£19.50
(e)

Abandonment, sist, restriction, etc.

£9.50
(f)

Issue or counter issue

£9.50
6

Notes

(a)

Note on quantum only

£49.50
(b)

Note advising on tender or extra-judicial offer, where not merely confirming advice at consultation

£56.00
(c)

Note on line of evidence

£56.00
(d)

The fee for other types of note shall be within the following range:–

From£19.00
To£56.00
7

Consultations

(a)

Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion–

(i)

Junior alone

£68.50
(ii)

Junior with Senior

£37.50
(b)

Other consultations–

(i)

Junior alone

£56.00
(ii)

Junior with Senior

£31.50
8

Motions

(a)

Unopposed motions on By Order (Adjustment) Roll, etc.

£9.50
(b)

Opposed motions–

Attendance for up to half hour

£19.50

Attendance for each subsequent half hour or part thereof

£15.00
(c)

Motions on By Order Roll (including advice)

£18.00
9

Procedure Roll, proof or jury trial

(a)

Junior alone – per day

£204.00
(b)

Junior with Senior – per day

£155.00
10

Inner House

(a)

Single Bills

(i)

unopposed

£15.00
(ii)

opposed–

Attendance for each half hour or part thereof

£22.00
(b)

Reclaiming motion

(i)

Junior opening or appearing alone – per day

£217.00
(ii)

Junior otherwise – per day

£168.00
(c)

Motion for new trial

(i)

Junior alone – per day

£217.00
(ii)

Junior with Senior – per day

£168.00
11

Attendance at judgement

(a)

Outer House

£18.00
(b)

Inner House

£22.00

CHAPTER II

SENIOR COUNSEL

CONSISTORIAL ACTIONS, PETITIONS AND ORDINARY ACTIONS

1

Revisal of pleading

(a)

Revisal of summons, defences, petition or answers

£81.50
(b)

Adjustment fee (open record) (each occasion)

£31.50
2

Minutes, etc. – revisal fees

(a)

Amendments (other than formal) or answers

£34.50
(b)

Admissions, tender or acceptance (in appropriate cases)

£9.50
(c)

Note of exceptions

£9.50
3

Notes

(a)

Note on quantum only

£74.50
(b)

Advice on tender or extra-judicial offer where not merely confirming advice at consultation

£81.50
(c)

Note on line of evidence (revisal)

£81.50
(d)

The fee for other notes shall be within the following range:–

From£25.50
To£81.50
4

Consultations

(a)

Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion

£98.50
(b)

Other consultations

£81.50
5

Day in court

(a)

Inner House – per day

£291.50
(b)

Outer House – per day

£272.00

”

Annotations

Footnotes

f1

1976 c. 39.

f2

1981 c. 59.