{
  "url": "https://openlegislation.uk/civil-legal-aid-scotlandfees-amendment-regulations-1991/schedule-1",
  "json_url": "https://openlegislation.uk/civil-legal-aid-scotlandfees-amendment-regulations-1991/schedule-1.json",
  "legislation": "uksi/1991/565",
  "legislation_title": "The Civil Legal Aid (Scotland)(Fees) Amendment Regulations 1991",
  "legislation_url": "https://openlegislation.uk/civil-legal-aid-scotlandfees-amendment-regulations-1991",
  "path": "schedule/1",
  "kind": "schedule",
  "number": "1",
  "heading": "NEW TABLE OF FEES TO BE SUBSTITUTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS",
  "text": "“\nTABLE OF FEES\nPART I— UNDEFENDED ACTIONS\n(OTHER THAN CONSISTORIAL ACTIONS)\n1.\nInclusive fee to pursuer’s solicitor in all undefended cases where no proof is led, to cover all work from taking instructions up to and including obtaining extract decree\n£88.60\nPART II – UNDEFENDED CONSISTORIAL ACTIONS\n(OTHER THAN ACTIONS TO WHICH PART III APPLIES)\n1.\nFee for all work (other than precognitions) up to and including the calling of summons in court\n£125.90\nNote\nPrecognitions to be charged as in Part V, paragraph 5 of this Schedule\n2.\nIncidental procedures\nFixing diet, enrolling action, preperation for proof, citing witnesses, etc.\n£71.30\n3.\nAmendment\n(a) Where summons amended, where re-service is not ordered, and motion is not starred\n£17.95\n(b) Where summons amended, where re-service is not ordered and motion is starred\n£26.30\n(c) Where summons amended and re-service is ordered\n£33.30\n4.\nCommissions to take evidence on interrogatories\n(a) Basic fee to cover all work up to and including lodging completed interogatories\n£26.30\n(b) Additional fee for completed interrogatories, including all copies — per sheet\n£5.55\n5.\nCommissions to take evidence on open commission\n(a) Basic fee to solicitor applying for commission but excluding attendance at execution thereof\n£29.65\n(b) Attendance at execution of commission — per half hour\n£15.25\n6.\nWhere applicable the fees set out in paragraphs 6, 7, 10, 14, 16 and 21 of Part V of this Schedule may be charged\n7.\nProof and completion fee— excluding accounts of expenses but including instructing counsel for proof, attendance at proof, settling with witnesses, borrowing and returning productions, procuring interlocutor, and obtaining extract decree of divorce\n£88.60\n8.\nAccounts\nFraming and lodging account and attending taxation\n£28.30\nPART III — UNDEFENDED CONSISTORIAL ACTIONS: AFFIDAVIT PROCEDURE\n1 In any undefended action of divorce or seperation where–\n(a) the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 are relied upon; and\n(b) the pursuer seeks to prove those facts by means of affidavits,\nthe pursuer’s solicitor may in respect of the work specified in column 1 of Table A in this paragraph charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and, in any case, the inclusive fee specified in respect of that work in column 3 of that Table.\nTABLE A\nColumn 1\nColumn 2\nColumn 3\nWork done\nInclusive fee Edinburgh solicitor acting alone\nInclusive fee any other case\n1 All work to and including calling of the summons\n£183.65\n£209.95\n2 All work from calling to and including swearing affidavits\n£131.25\n£157.50\n3 All work from swearing affidavits to and including sedining extract decree\n£39.40\n£59.00\n4 All work to and including sending extract decree\n£354.30\n£426.45\nAdd session fee to item 4\nof 7½%\nor 10%\n2 In any undefended action of divorce or seperation where–\n(a) the facts set out in section 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five year’s non-cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and\n(b) the pursuer seeks to prove these facts by means of affidavits,\nthe pursuer’s solicitor may in respect of the work specified in column 1 of Table B in this paragraph charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and, in any other case, the inclusive fee specified in respect of that work in column 3 of that Table\nTABLE B\nColumn 1\nColumn 2\nColumn 3\nWork done\nInclusive fee Edinburgh solicitor acting alone\nInclusive fee any other case\n1 All work to and including calling of the summons\n£150.85\n£177.15\n2 All work from calling to and including swearing affidavits\n£72.20\n£91.85\n3 All work from swearing affidavits to and including sending extract decree\n£39.40\n£59.00\n4 All work to and including sending extract decree\n£262.45\n£328.00\nAdd session fee to item 4\nof 7½%\nof 10%\n3 If–\n(a) the pursuer’s solicitor charges inclusive fee under either paragraph 1 or paragraph 2 of this Part; and\n(b) the action to which the charge relates includes a conclusion relating to an ancillary matter,\nin addition to that fee, he may charge in respect of that work specified in column 1 of Table C in this paragraph the inclusive fee specified in respect of that work in column 2 of that Table.\nTABLE C\nColumn 1\nColumn 2\nWork done\nInclusive fee\n1.\nAll work to and including calling of the summons\n£36.75\n2.\nAll work from calling to and including swearing affidavits\n£41.95\n3.\nAll work under items 1 and 2\n£78.70\nAdd session fee to item 3 of 7½% in the case of an Edinburgh solicitor acting alone and 10% in any other case.\nPART IV –\nOUTER HOUSE PETITIONS\nA. Unopposed petitions\n1.\nFee for all work, including precognitions and all copyings, up to and obtaining extract decree–\n(a) in the case of an Edinburgh solicitor acting alone\n£185.60\n(b) in any other case\n£258.95\nNote\nOutlays including duplicating charges to be allowed in addition.\nB. Opposed petitions\n2.\nFee for all work (other than procognitions) up to and including lodging petition, obtaining and executing warrant for service\n£125.90\nNote\nOutlays including duplicating charges to be allowed in addition.\n3.\nWhere applicable, the fees set out in paragraphs 5, 6, 7, 10, 12, 14, 18, 19, 20 and 21 of Part IV of this Schedule may be charged.\n4.\nReports–\n(a) For each report by Accountant of Court\n£22.20\n(b) For any other report as under Part V, paragraph 6 of this Schedule\n5.\nObtaining Bond of Caution\n£22.20\nPART V – DEFENDED ACTIONS\n1.\nInstruction fee\n(a) To cover all work (apart from precognitions) until lodgement of open record\n£174.40\n(b) Instructing re-service where necessary\n£18.65\n(c) If counter-claim lodged, additional fee for solicitor for each party\n£36.75\n2.\nRecord fee\n(a) To cover all work in connection with adjustment and closing or recordincluding subsequent work in connection with By Order Adjustment Roll\n£185.60\n(b) To cover all work as above, so far as applicable, where action settled or disposed of before record closed\n£115.60\n(c) If consultation held before record closed, additional fees may be allowed as follows:–\n(i) Arranging consultation\n£18.65\n(ii) Attendance at consultation – per half hour\n£15.25\n(d) Additional fee (to include necessary amendments) to the solicitors for the existing pursuer and each existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of\n£54.65\n(e) Additional fee to the solicitors for existing pursuer and each existing defender, to be allowed for each pursuer, defender, or third party brought in after the record is closed, each of\n£81.65\n3.\nProcedure Roll or Debate Roll\n(a) Preparing for discussion and all work incidental thereto including instruction of counsel\n£36.75\n(b) Attendance at court – per half hour\n£15.25\n(c) Advising and work incidental thereto\n£27.70\n4.\nAdjustment of issues and counter-issues\n(a) Fee to solicitor for pursuer to include all work in connection with and incidental to the lodging of an issue, and adjustment and approval thereof\n£35.30\n(b) If one counter-issue, additional fee to solicitor for pursuer\n£9.75\n(c) If more than one counter-issue, additional fee to solicitor for pursuer for each additional counter-issue\n£4.20\n(d) Fee to solicitor for defender or third party for all work in connection with lodging of counter-issue and adjustment and approval thereof\n£35.30\n(e) Fee to solicitor for defender or third party for considering issue where no counter-issue lodged\n£9.75\n(f) Fee to solicitor for defender or third party for considering each additional counter-issue\n£4.20\n5.\nPrecognitions\nTaking and drawing precognitions – per sheet\n£17.95\nNote:\n(i) In addition each solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself.\n(ii) Where a skilled witness prepares his own precognition or report the solicitor shall be allowed, for revising and adjusting it, half of the taking and drawing fee per sheet.\n6.\nReports obtained under order of court excluding auditor’s report\n(a) Fee for all work incidental thereto\n£38.80\n(b) Additional fee per sheet of report to include all copies required (maximum £38.55)\n£5.55\n7.\nSpecification of documents\n(a) Basic fee to cover instructing counsel, revising and lodging and all incidental procedures to obtain a diligence up to and including obtaining interlocutor\n£36.75\n(b) Fee to opponent’s solicitor\n£17.95\n(c) If commission executed, additional fee – per half hour\n£15.25\n(d) If alternative procedure adopted, fee per person upon whom order served\n£14.60\n8.\nCommission to take evidence on interrogatories\n(a) Basic fee to solicitor applying for commission to cover all work up to and including lodging report of commission with completed interrogatories or cross-interrogatories\n£74.05\n(b) Basic fee to opposing solicitor if cross-interrogotories lodged\n£59.55\n(c) Fee to opposing solicitor if no cross-interrogatories lodged\n£22.20\n(d) Additional fee to solicitor for each party for completed interrogatories or cross-interrogatories, including all copies – per sheet\n£5.55\n9.\nCommission to take evidence on open commission\n(a) Basic fee to solicitor applying for commission up to and including lodging report of commission, but excluding attendance at execution thereof\n£81.65\n(b) Basic fee to opposing solicitor\n£36.75\n(c) Attendance at execution of commission – per half hour\n£15.25\n10.\nMiscellaneous motions where not otherwise covered by this Schedule\n(a) Where attendance of counsel and/or solicitor not required\n£9.75\n(b) Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel – not exceeding half hour\n£27.70\n(c) Thereafter attendance fee – per additional half hour\n£15.25\n11.\nIncidental procedure (not chargeable prior to approval of issue or allowance of proof)\nFixing diet, obtaining note on the line of evidence, etc., borrowing and returning process, lodging productions, considering opponent’s productions, and all other work prior to the consultation on the sufficiency of evidence\n£103.90\n12.\nAmendment of record\n(a) Amendment of conclusions only – fee to solicitor for pursuer\n£27.70\n(b) Amendment of conclusions only – fee to solicitor for opponent\n£9.75\n(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged – fee to solicitor for proposer\n£40.20\n(d) In same circumstances – fee to solicitor for opponent\n£18.65\n(e) Amendment of pleadings after record closed where answers are lodged – fee for solicitor for each party lodging answers\n£94.75\n(f) Fee for adjustment of minute and answers, where applicable, to be allowed in addition to solicitor for each party\n£51.95\n13.\nPreparation for trial or proof to include fixing consultation on the sufficiency of evidence and attendance thereat, fee-funding precept, adjusting minute of admissions, citing witnesses, all work checking and writing up process, and preparing for trial or proof\n(a) If action settled before trial or proof, or the trial or proof lasts only one day, to include, where applicable, instruction to counsel\n£252.00\n(b) For each day or part of a day after the first, including instruction of counsel\n£22.20\n(c) To cover preparing for adjourned diet and all work incidental as in (a), if diet postponed more than 5 days\n£45.75\n14.\nCopying all necessary papers by any means–\nFirst copy – per sheet\n£0.94\nAdditional copies – per sheet\n£0.40\n15.\nSettlement by tender – fees for solicitor for either party\n(a) Basic fee for lodging, or for considering, first tender\n£54.65\n(b) Fee for lodging, or for considering, each further tender\n£36.75\n(c) Additional fee if tender accepted\n£36.75\n16.\nExtra-judicial settlement\nFee inclusive of joint minute (not based on a judicial tender)\n£94.75\n17.\nProof or trial\nAttendance fee – per half hour\n£15.25\n18.\nAccounts–to include framing and lodging account, intimating diet, and attending taxation, uplifting account and noting and intimating taxations\n£66.45\n19.\nOrdering and obtaining extract\n£13.90\n20.\nFinal procedure\n(a) If case goes to trial or proof, to include all work to close of litigation, so far as not otherwise provided for, including in particular settling with witnesses and procuring and booking verdict, or attendance at judgement\n£74.05\n(b) If case disposed of before trial or proof\n£22.20\n21.\nSession fee – to cover communications with client and counsel\n(a) Where no correspondent – 7½% of total fees (including copying fees) allowed on taxation\n(b) Where correspondent involved – 10% of total fees (including copying fees) allowed on taxation.\nPART VI – INNER HOUSE BUSINESS\n1.\nReclaiming motions\n(a) Fee for solicitor for appellant for all work up to interlocutor sending case to roll\n£54.65\n(b) Fee for solicitor for respondent\n£27.70\n(c) Additional fee for solicitor for each party for every 50 pages of appendix\n£22.80\n2.\nAppeals from inferior courts\n(a) Fee for solicitor for appellant\n£66.45\n(b) Fee for solicitor for respondent\n£32.55\n(c) Additional fee for solicitor for each party for every 50 pages of appendix\n£22.80\n3.\nSummer or Short Roll\n(a) Preparing for discussion, instructing counsel, and preparing appendix\n£54.65\n(b) Attendance fee – per half hour\n£15.25\n4.\nWhere applicable the fees set out in Part V of this Schedule may be charged.\n5.\nSpecial cases and Inner House petitions\nAccording to circumstances of the case.\n6.\nObtaining Bond of Caution\n£22.20\nPART VII – ADMIRALTY AND COMMERCIAL CASES, SEQUESTRATION IN BANKRUPTCY, APPLICATION FOR SUMMARY TRIAL UNDER SECTION 10 OF THE ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1933 AND CASES REMITTED FROM THE SHERIFF COURT\nThe fees shall be based on this Schedule or Schedule 3 according to the circumstances.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1976 c. 39."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1933 c. 41."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/565/schedule/1",
    "retrieved_at": "2026-10-29T14:48:46.376485+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."
}