Explanatory note

This Order amends the Court of Session etc. Fees Order 1997 (“the principal Fees Order”) by increasing from 1st April 1999 many of the fees payable to the Principal Clerk of Session, to the Accountant of Court and to the Auditor of the Court of Session or to any officer acting for any of them respectively in relation to proceedings in the Court of Session and specialised courts and offices. The increases average 2.5%.

The Order introduces a new motion fee in items B23 and C22 of the Table of Fees payable by any party enrolling a motion or making a motion orally at the bar, and any party opposing any such motion. Article 2 of the Order inserts articles 5A and 5B into the principal Fees Order. Article 5A provides that motions which operate solely so as to activate further steps of procedure and any opposition to such motions will be exempt from the new motion fee and lists some of those motions made under the Rules of the Court of Session 1994 which are exempt. Article 5B provides that the operation of the new motion fee is without prejudice to the fees which are payable in respect of items B2, B6 and C5 of the Table of Fees. Article 5B also provides that the new motion fee will not be payable in addition to those fees which are specified in items B9, B10 and B13 and C10, C13 and C14 of the Table of Fees.

The Order also increases the fee for hearings in the Inner House to double that which is payable in respect of hearings in the Outer House with the exception of hearings out of hours where there is no distinction drawn between the Inner House and the Outer House. Items B17, B20 and B22 and C17, C19 and C21 in the Table of Fees implement this increase.