{
  "url": "https://openlegislation.uk/civil-legal-aid-scotland-fees-amendment-regulations-2009/note",
  "json_url": "https://openlegislation.uk/civil-legal-aid-scotland-fees-amendment-regulations-2009/note.json",
  "legislation": "ssi/2009/203",
  "legislation_title": "The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2009",
  "legislation_url": "https://openlegislation.uk/civil-legal-aid-scotland-fees-amendment-regulations-2009",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (“the principal Regulations”) as they apply to solicitors' fees in civil proceedings. In this note references to numbered Schedules are to Schedules to the principal Regulations.\nIn respect of work done or outlays incurred on or after 1st April 2008–\n(a) the value of one unit, for the purposes of calculating the fees chargeable for the blocks of work prescribed in Schedule 6, is increased from £19.00 to £21.00 (regulation 4);\n(b) a new table of fees prescribes the fees chargeable in summary cause proceedings (regulation 6); and\n(c) the fees for work and outlays chargeable in accordance with Schedule 5 are increased (regulation 7).\nRegulation 5(4) of the principal Regulations provides, inter alia, that the Court of Session may allow an additional fee to a solicitor in respect of the responsibility undertaken by that solicitor in the conduct of proceedings before the Court of Session. It further provided that it was for the Auditor of the Court of Session to determine the value of that fee. Regulation 5 of these Regulations amends regulation 5(4) of the principal Regulations to provide that the Scottish Legal Aid Board (“the Board”) will, in the first instance, determine the value of any additional fee allowed by the Court of Session.\nChapter II of Schedule 6 prescribes the fees for solicitors in defended, civil proceedings in the sheriff court. Regulation 5(2C) of the principal Regulations allows the Board to pay a fee additional to the fee due in terms of the said Chapter II, where it is satisfied that any of the circumstances prescribed in Chapter III of Schedule 6 have had a significant effect on the conduct of the case. In respect of work done or outlays incurred on or after 22nd June 2009, regulation 8 extends the circumstances prescribed in the said Chapter III to allow an additional fee to be paid where–\n(i) the assisted person’s inadequate knowledge of English prolonged meetings to take instructions; or\n(ii) the assisted person suffered from a severe substance abuse problem during a significant proportion of the case.\nSolicitors' fees for sheriff court proceedings are generally calculated in accordance with Schedule 6. However in the circumstances specified in Schedule 7 fees are calculated in accordance with Schedule 5 instead. Regulation 9 adds “exceptional cases” to the list of proceedings in Schedule 7 for which solicitors' fees will be calculated in accordance with Schedule 5 rather than Schedule 6. A case is only an exceptional case in terms of Schedule 7 if the solicitor requests the Board to treat it as such and the Board are satisfied that the specified criteria are met.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2009/203/note",
    "retrieved_at": "2026-10-28T22:01:16.527207+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}