OpenLegislation

Schedule 4 NEW TABLE OF FEES TO BE SUBSTITUTED IN SCHEDULE 4 TO THE PRINCIPAL REGULATIONS

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 Divorve (Scotland) Act 1976 f1 are relied on

£29.00
(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

£29.00
(iii)

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

£23.50
(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

£23.50
(b)

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

From£29.00
To£54.00
2.Minute
(a)

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

£21.50
(b)

Any other minute

£16.50
3.By Order Roll appearance£16.50
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£24.00
3.Defence or answers
(a)

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

£13.50
(b)

Answers to minute

£21.50
(c)

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

From£23.50
To£48.50
4.Joint minute regulating custody, aliment or access
Framing or adjusting the minute£20.50
5.By Order Roll appearance£16.50
6.All other work
The fees specified in Part IV shall apply.

Part III – Petitions

1.Petition (including any revivals thereto)
(a)

Petition for interdict

£61.00
(b)

Other Outer House petitions

£41.00
(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

£61.00
(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.

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

£51.00
(b)

Other cases

£67.00
2.Defences (including any revisals thereto)
(a)

Where in purely skeletal form to preserve rights of parties

£13.50
(b)

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

From£51.00
Topound;67.00
3.Adjustment of record
(a)

Adjustment of fee (each occasion)

£21.50
(b)

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

£51.00
4.Specification of documents
Standard calls only£21.50
5.Minutes, etc
(a)

Formal amendments or answers

£19.50
(b)

Amendments or answers other than formal

£34.50
(c)

Revising and signing tender or acceptance

£8.50
(d)

Note of exceptions

£21.50
(e)

Abandonment, sist, restriction, etc.

£10.50
(f)

Issue or counter issue

£10.50
6.Notes
(a)

Note on quantum only

£54.00
(b)

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

£61.00
(c)

Note on line of evidence

£61.00
(d)

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

From£20.50
To£61.00
7.Consultations
(a)

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

(i)

Junior alone

£74.50
(ii)

Junior with Senior

£41.00
(b)

Other consultations–

(i)

Junior alone

£61.00
(ii)

Junior with Senior

£34.50
8.Motions
(a)

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

£10.50
(b)

Opposed motions—

Attendance for up to half hour£21.50
Attendance for each subsequent half hour or part thereof£16.50
(c)

Motions on By Order Roll (including advice)

£19.50
9.Procedure Roll, proof or jury trial
(a)

Junior alone – per day

£222.50
(b)

Junior with Senior – per day

£169.00
10.Inner House
(a)

Single Bills

(i)

Unopposed

£16.50
(ii)

Opposed–

Attendance for each half hour or part thereof£24.00
(b)

Reclaiming motion

(i)

Junior opening or appearing alone – per day

£236.50
(ii)

Junior otherwise – per day

£183.00
(c)

Motion for new trial

(i)

Junior alone– per day

£236.50
(ii)

Junior with Senior– per day

£183.00
11.Attendance at judgement
(a)

Outer House

£19.50
(b)

Inner House

£24.00

CHAPTER II – SENIOR COUNSEL

CONSISTORIAL ACTIONS, PETITIONS AND ORDINARY ACTIONS

1.Revisal of pleadings
(a)

Revisal of summons, defences, petition or answers

£89.00
(b)

Adjustment fee (open record) (each occasion)

£34.50
2.Minutes, etc.– revisal fees
(a)

Amendments (other than formal) or answers

£37.50
(b)

Admissions, tender or acceptance (in appropriate cases)

£10.50
(c)

Note of exceptions

£10.50
3.Notes
(a)

Note on quantum only

£81.00
(b)

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

£89.00
(c)

Note on line of evidence (revisal)

£89.00
(d)

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

From£28.00
To£89.00
4.Consultations
(a)

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

£107.50
(b)

Other consultations

£89.00
5.Day in court
(a)

Inner House – per day

£317.50
(b)

Outer House – per day

£296.50

”

Annotations

Footnotes

f1

1976 c. 39.

f2

1981 c. 59.