# The Court of Session etc. Fees Amendment Order 2008

S.S.I. 2008/236 · made 6 June 2008

This Order amends the Court of Session etc. Fees Order 1997, which was last amended on 16th July 2007 by the Court of Session etc. Fees Amendment Order 2007 (S.S.I. 2007/319).

Made under: 1895 c. 14 (Section 2)

PDFs: Printed copy https://openlegislation.uk/court-of-session-etc-fees-amendment-order-2008/pdf/ssi_20080236_en.pdf; Executive Note https://openlegislation.uk/court-of-session-etc-fees-amendment-order-2008/pdf/ssien_20080236_en.pdf

## Introductory text

COURT OF SESSION
Made 6th June 2008
Laid before the Scottish Parliament 6th June 2008
Coming into force in accordance with article 1
The Scottish Ministers make the following Order in exercise of the powers conferred by section 2 of the Courts of Law Fees (Scotland) Act 1895 and all other powers enabling them to do so.

## 1 Citation and commencement

(1) This Order may be cited as the Court of Session etc. Fees Amendment Order 2008 and, subject to paragraphs (2) and (3), shall come into force on 1st August 2008.
(2) Article 2(2)(b) and Schedule 2 shall come into force, and article 2(2)(a) and Schedule 1 shall cease to have effect, on 1st April 2009.
(3) Article 2(2)(c) and Schedule 3 shall come into force, and article 2(2)(b) and Schedule 2 shall cease to have effect, on 1st April 2010.

## 2 Amendment of the Court of Session etc. Fees Order 1997

(1) The Court of Session etc. Fees Order 1997 shall be amended in accordance with the following paragraph.
(2) The Table of Fees in Schedule 1 shall be substituted by–
(a) the Table of Fees in Schedule 1 to this Order on 1st August 2008;
(b) the Table of Fees in Schedule 2 to this Order on 1st April 2009; and
(c) the Table of Fees in Schedule 3 to this Order on 1st April 2010.

## Signature

KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
6th June 2008

## Schedule 1 TABLE OF FEES

Fees payable from 1st August 2008
Column 1
Column 2
Column 3
(Matters)
(Fee payable)
(Fee formerly payable)
£
£
PART I – FEES IN THE CENTRAL OFFICE OF THE COURT
A. SIGNETING
Signeting of any writ or summons, if attendance is necessary outwith the normal office hours
100
70
B. GENERAL DEPARTMENT
1 Appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House – fee (to comprehend signeting in normal office hours)
170
120
2 Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding other than a family action
170
120
3 Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, of a duplicate thereof)
130
92
4 Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)
100
70
5 In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required.
Charge of the sheriff officer to serve document plus £10
Charge of the sheriff officer to serve document plus £10
6 Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action
130
92
7 Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed
55
40
8 Special case–
For each party
85
60
Maximum fee payable per case
345
243
9 Application by minute or motion for variation of an order in a family action
30
21
10 Answers or opposition to an application under item B9 of this Table
30
21
11 Letter of request to a foreign court
45
31
12 Citation of each jury, to include outlays incurred in citing and countermanding – payable on receipt of instruments for issue of precept
240
168
13 Reclaiming motion – fee payable by party enrolling motion
170
120
14 Closed record – fee payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined
85
60
15 Allowing proof, etc. – fee payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed
45
32
16 For the items in B17 to B25 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–
For every 30 minutes or part thereof
17 Proof or Procedure Roll (B16 applies)
40
18
18 Summar Roll (B16 applies)
40
18
19 Jury Trial (B16 applies)
40
18
20 Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (B16 applies)
40
18
21 Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (B16 applies)
95
37
22 Motion Roll hearing (B16 applies)
40
18
23 Single Bills hearing (B16 applies)
95
37
24 Outer House hearings out of hours (B16 applies)
55
37
25 Inner House hearings out of hours (B16 applies)
120
37
26 Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion
45
31
C. PETITION DEPARTMENT
1 Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982
170
120
2 Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours
100
70
3 Petition to be admitted as a notary public:
For each applicant
130
90
4 Petition to be admitted as a solicitor:
For each applicant
130
90
5 Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies
170
120
6 Caveat
45
31
7 Fiat
45
31
8 Registering official copies of orders of courts in England and Wales or Northern Ireland
15
11
9 Issue of an abbreviate in sequestration
15
11
10 Reclaiming motion – fee payable by party enrolling motion
170
120
11 Closed record – fee payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined
85
60
12 Allowing proof, etc. – fee payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed
45
32
13 Registering orders for enforcement under section 426 of the Insolvency Act 1986
15
11
14 For the items in C15 to C23 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–
For every 30 minutes or part thereof
40
18
15 Proof or Procedure Roll (C14 applies)
40
18
16 Summar Roll (C14 applies)
40
18
17 Jury Trial (C14 applies)
40
18
18 Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (C14 applies)
40
18
19 Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (C14 applies)
95
37
20 Motion Roll hearing (C14 applies)
55
18
21 Single Bills hearing (C14 applies)
95
37
22 Outer House hearings out of hours (C14 applies)
55
37
23 Inner House hearings out of hours (C14 applies)
120
37
24 Fee payable by any party enrolling a motion or making a motion orally at the bar; and any party opposing any such motion
45
31
25 Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986
170
120
D. COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS
Appeal – inclusive fee
170
120
E. ELECTION COURT
1 Parliamentary election petition
170
120
2 Statement of matters
15
11
3 Any other petition, application, answers or objections submitted to the court
45
31
4 Certificate of judgement
45
31
F. LANDS VALUATION APPEAL COURT
1 Appeal – inclusive fee
170
120
2 Answers – inclusive fee
170
120
G. EXTRACTS DEPARTMENT
1 Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise
45
33
2 Extract of admission as a solicitor
40
29
3 Extract of protestation
40
29
4 Certificate under the Civil Jurisdiction and Judgments Act 1982
40
29
5 Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership:
(a) Extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table
25
17
(b) Certificate of divorce in decree pronounced prior to 23rd September 1975
25
17
(c) Certified copy interlocutor in decree pronounced prior to 23rd September 1975
25
17
6 Extract from the Register of Acts and Decrees – per sheet or part thereof
25
17
7 Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise
25
17
8 Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970
40
29
9 Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 1938
40
29
PART II – FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT
H. OFFICE OF THE ACCOUNTANT OF COURT
I. In Factories
1 For registering case and receiving and delivering up bond of caution–
(a) in Court of Session appointments
30
29
(b) in Sheriff Court appointments
20
19
2 For examining factor’s inventory – 0.333% of the value of the estate as disclosed
(a) minimum fee payable
20
21
(b) maximum fee payable
575
530
3 For auditing each account–
(a) basic fee
10
11
(b) additional percentage fee on the factor’s commission as fixed (or what would have been the factor’s full commission if chargeable or fully allowed)
17.5%
17.5%
4 For reporting re discharge, special powers or on other special matters
105
95
5 For report on scheme of division
105
95
6 For certificate under seal
25
21
II. In Consignations
7 For lodging consignation
15
16
8 For producing or delivering up consignation–
(a) basic fee
15
16
(b) additional fee for every £100 or part thereof uplifted
1
1
(c) maximum fee payable
60
55
III. Liquidations
9 For uplifting bond of caution
5
5
PART III – FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION
I. OFFICE OF THE AUDITOR OF THE COURT OF SESSION
1 Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:
(a) Auditor’s fee on lodging account for taxation
34
34
(b) Auditor’s fee for taxing accounts for expenses etc.
(i) up to £400
18
18
(ii) for every additional £100 or part thereof
5
5
Note: fee to be determined by the Auditor of the Court of Session on amount of account as submitted
2 Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid
226
226
3 Fee for cancellation of diet of taxation–
(a) where written notice of cancellation received by receiving party after 4.00 pm on the fourth working day prior to the diet of taxation
50% of fee that would have been payable under item I1(b) of this Table
50% of fee that would have been payable under item I1(b) of this Table
(b) where written notice of cancellation received by receiving party after 4.00 pm on the working day before or the day of the diet of taxation
75% of fee that would have been payable under item I1(b) of this Table
75% of fee that would have been payable under item I1(b) of this Table
PART IV – FEES COMMON TO ALL OFFICES
J. MISCELLANEOUS
1 Certified copy of proceedings for appeal to the House of Lords
170
120
2 Certifying of any other document (plus copying charges if necessary)
15
11
3 Recording, extracting, engrossing or copying– all documents (exclusive of search fee)–
(a) Copying of each document up to 10 pages
5
–
for each page or part thereof (in excess of 10 pages)
0.50
0.20
(b) Copy of each document copied to CD or in electronic form
5
3
4 Searches – for any search of records or archives:
(a) Up to 30 minutes
15
11
(b) For more than 30 minutes up to 2 hours
35
29
(c) For each additional 30 minutes (in excess of 2 hours)
10
8
(d) In addition, correspondence fee where applicable
10
8
5 Captions:
(a) Marking caption when ordered
10
6
(b) Warrant for caption when issued
10
6

## Schedule 2 TABLE OF FEES

Fees payable from 1st April 2009
Column 1
Column 2
Column 3
(Matters)
(Fee payable)
(Fee formerly payable)
£
£
PART I – FEES IN THE CENTRAL OFFICE OF THE COURT
A. SIGNETING
Signeting of any writ or summons, if attendance is necessary outwith the normal office hours
100
100
B. GENERAL DEPARTMENT
1 Appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House – fee (to comprehend signeting in normal office hours)
175
170
2 Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding other than a family action
175
170
3 Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, of a duplicate thereof)
135
130
4 Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)
100
100
5 In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required.
Charge of the sheriff officer to serve document plus £10
Charge of the sheriff officer to serve document plus £10
6 Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action
135
130
7 Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed
60
55
8 Special case–
For each party
90
85
Maximum fee payable per case
355
345
9 Application by minute or motion for variation of an order in a family action
30
30
10 Answers or opposition to an application under item B9 of this Table
30
30
11 Letter of request to a foreign court
45
45
12 Citation of each jury, to include outlays incurred in citing and countermanding – payable on receipt of instruments for issue of precept
245
240
13 Reclaiming motion – fee payable by party enrolling motion
175
170
14 Closed record – fee payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined
85
85
15 Allowing proof, etc. – fee payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed
45
45
16 For the items in B17 to B25 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–
For every 30 minutes or part thereof
17 Proof or Procedure Roll (B16 applies)
45
40
18 Summar Roll (B16 applies)
45
40
19 Jury Trial (B16 applies)
45
40
20 Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (B16 applies)
45
40
21 Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (B16 applies)
95
95
22 Motion Roll hearing (B16 applies)
45
40
23 Single Bills hearing (B16 applies)
95
95
24 Outer House hearings out of hours (B16 applies)
55
55
25 Inner House hearings out of hours (B16 applies)
120
120
26 Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion
45
45
C. PETITION DEPARTMENT
1 Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982
175
170
2 Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours
100
100
3 Petition to be admitted as a notary public:
For each applicant
130
130
4 Petition to be admitted as a solicitor:
For each applicant
130
130
5 Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies
175
170
6 Caveat
45
45
7 Fiat
45
45
8 Registering official copies of orders of courts in England and Wales or Northern Ireland
15
15
9 Issue of an abbreviate in sequestration
15
15
10 Reclaiming motion – fee payable by party enrolling motion
175
170
11 Closed record – fee payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined
85
85
12 Allowing proof, etc. – fee payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed
45
45
13 Registering orders for enforcement under section 426 of the Insolvency Act 1986
15
15
14 For the items in C15 to C23 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–
For every 30 minutes or part thereof
45
40
15 Proof or Procedure Roll (C14 applies)
45
40
16 Summar Roll (C14 applies)
45
40
17 Jury Trial (C14 applies)
45
40
18 Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (C14 applies)
45
40
19 Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (C14 applies)
95
95
20 Motion Roll hearing (C14 applies)
55
55
21 Single Bills hearing (C14 applies)
95
95
22 Outer House hearings out of hours (C14 applies)
55
55
23 Inner House hearings out of hours (C14 applies)
120
120
24 Fee payable by any party enrolling a motion or making a motion orally at the bar; and any party opposing any such motion
45
45
25 Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986
175
170
D. COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS
Appeal – inclusive fee
175
170
E. ELECTION COURT
1 Parliamentary election petition
175
170
2 Statement of matters
15
15
3 Any other petition, application, answers or objections submitted to the court
45
45
4 Certificate of judgement
45
45
F. LANDS VALUATION APPEAL COURT
1 Appeal – inclusive fee
175
170
2 Answers – inclusive fee
175
170
G. EXTRACTS DEPARTMENT
1 Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise
50
45
2 Extract of admission as a solicitor
40
40
3 Extract of protestation
40
40
4 Certificate under the Civil Jurisdiction and Judgments Act 1982
40
40
5 Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership:
(a) Extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table
25
25
(b) Certificate of divorce in decree pronounced prior to 23rd September 1975
25
25
(c) Certified copy interlocutor in decree pronounced prior to 23rd September 1975
25
25
6 Extract from the Register of Acts and Decrees – per sheet or part thereof
25
25
7 Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise
25
25
8 Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970
40
40
9 Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 1938
40
40
PART II – FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT
H. OFFICE OF THE ACCOUNTANT OF COURT
I. In Factories
1 For registering case and receiving and delivering up bond of caution–
(a) in Court of Session appointments
30
30
(b) in Sheriff Court appointments
20
20
2 For examining factor’s inventory – 0.333% of the value of the estate as disclosed
(a) minimum fee payable
20
20
(b) maximum fee payable
590
575
3 For auditing each account–
(a) basic fee
10
10
(b) additional percentage fee on the factor’s commission as fixed (or what would have been the factor’s full commission if chargeable or fully allowed)
17.5%
17.5%
4 For reporting re discharge, special powers or on other special matters
105
105
5 For report on scheme of division
105
105
6 For certificate under seal
25
25
II. In Consignations
7 For lodging consignation
20
15
8 For producing or delivering up consignation–
(a) basic fee
20
15
(b) additional fee for every £100 or part thereof uplifted
1
1
(c) maximum fee payable
60
60
III. Liquidations
9 For uplifting bond of caution
5
5
PART III – FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION
I. OFFICE OF THE AUDITOR OF THE COURT OF SESSION
1 Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:
(a) Auditor’s fee on lodging account for taxation
35
34
(b) Auditor’s fee for taxing accounts for expenses etc.
(i) up to £400
20
18
(ii) for every additional £100 or part thereof
5
5
Note: fee to be determined by the Auditor of the Court of Session on amount of account as submitted
2 Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid
230
226
3 Fee for cancellation of diet of taxation–
(a) where written notice of cancellation received by receiving party after 4.00 pm on the fourth working day prior to the diet of taxation
50% of fee that would have been payable under item I1(b) of this Table
50% of fee that would have been payable under item I1(b) of this Table
(b) where written notice of cancellation received by receiving party after 4.00 pm on the working day before or the day of the diet of taxation
75% of fee that would have been payable under item I1(b) of this Table
75% of fee that would have been payable under item I1(b) of this Table
PART IV – FEES COMMON TO ALL OFFICES
J. MISCELLANEOUS
1 Certified copy of proceedings for appeal to the House of Lords
175
170
2 Certifying of any other document (plus copying charges if necessary)
15
15
3 Recording, extracting, engrossing or copying– all documents (exclusive of search fee)–
(a) Copying of each document up to 10 pages
5
5
for each page or part thereof (in excess of 10 pages)
0.50
0.50
(b) Copy of each document copied to CD or in electronic form
5
5
4 Searches – for any search of records or archives:
(a) Up to 30 minutes
15
15
(b) For more than 30 minutes up to 2 hours
35
35
(c) For each additional 30 minutes (in excess of 2 hours)
10
10
(d) In addition, correspondence fee where applicable
10
10
5 Captions:
(a) Marking caption when ordered
10
10
(b) Warrant for caption when issued
10
10

## Schedule 3 TABLE OF FEES

Fees payable from 1st April 2010
Column 1
Column 2
Column 3
(Matters)
(Fee payable)
(Fee formerly payable)
£
£
PART I – FEES IN THE CENTRAL OFFICE OF THE COURT
A. SIGNETING
Signeting of any writ or summons, if attendance is necessary outwith the normal office hours
105
100
B. GENERAL DEPARTMENT
1 Appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House – fee (to comprehend signeting in normal office hours)
180
175
2 Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding other than a family action
180
175
3 Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, of a duplicate thereof)
140
135
4 Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)
105
100
5 In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required.
Charge of the sheriff officer to serve document plus £10
Charge of the sheriff officer to serve document plus £10
6 Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action
140
135
7 Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed
60
60
8 Special case–
For each party
90
90
Maximum fee payable per case
365
355
9 Application by minute or motion for variation of an order in a family action
30
30
10 Answers or opposition to an application under item B9 of this Table
30
30
11 Letter of request to a foreign court
45
45
12 Citation of each jury, to include outlays incurred in citing and countermanding – payable on receipt of instruments for issue of precept
250
245
13 Reclaiming motion – fee payable by party enrolling motion
180
175
14 Closed record – fee payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined
90
85
15 Allowing proof, etc. – fee payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed
50
45
16 For the items in B17 to B25 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–
For every 30 minutes or part thereof
17 Proof or Procedure Roll (B16 applies)
45
45
18 Summar Roll (B16 applies)
45
45
19 Jury Trial (B16 applies)
45
45
20 Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (B16 applies)
45
45
21 Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (B16 applies)
100
95
22 Motion Roll hearing (B16 applies)
45
45
23 Single Bills hearing (B16 applies)
100
95
24 Outer House hearings out of hours (B16 applies)
55
55
25 Inner House hearings out of hours (B16 applies)
125
120
26 Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion
45
45
C. PETITION DEPARTMENT
1 Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982
180
175
2 Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours
105
100
3 Petition to be admitted as a notary public:
For each applicant
135
130
4 Petition to be admitted as a solicitor:
For each applicant
135
130
5 Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies
180
175
6 Caveat
45
45
7 Fiat
45
45
8 Registering official copies of orders of courts in England and Wales or Northern Ireland
15
15
9 Issue of an abbreviate in sequestration
15
15
10 Reclaiming motion – fee payable by party enrolling motion
180
175
11 Closed record – fee payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined
90
85
12 Allowing proof, etc. – fee payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed
50
45
13 Registering orders for enforcement under section 426 of the Insolvency Act 1986
15
15
14 For the items in C15 to C23 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof–
For every 30 minutes or part thereof
45
45
15 Proof or Procedure Roll (C14 applies)
45
45
16 Summar Roll (C14 applies)
45
45
17 Jury Trial (C14 applies)
45
45
18 Outer House hearing (other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings out of hours) (C14 applies)
45
45
19 Inner House hearing (other than Summar Roll, Single Bills hearing or hearings out of hours) (C14 applies)
100
95
20 Motion Roll hearing (C14 applies)
55
55
21 Single Bills hearing (C14 applies)
100
95
22 Outer House hearings out of hours (C14 applies)
55
55
23 Inner House hearings out of hours (C14 applies)
125
120
24 Fee payable by any party enrolling a motion or making a motion orally at the bar; and any party opposing any such motion
45
45
25 Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986
180
175
D. COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS
Appeal – inclusive fee
180
175
E. ELECTION COURT
1 Parliamentary election petition
180
175
2 Statement of matters
15
15
3 Any other petition, application, answers or objections submitted to the court
45
45
4 Certificate of judgement
45
45
F. LANDS VALUATION APPEAL COURT
1 Appeal – inclusive fee
180
175
2 Answers – inclusive fee
180
175
G. EXTRACTS DEPARTMENT
1 Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise
50
50
2 Extract of admission as a solicitor
45
40
3 Extract of protestation
45
40
4 Certificate under the Civil Jurisdiction and Judgments Act 1982
45
40
5 Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership:
(a) Extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table
25
25
(b) Certificate of divorce in decree pronounced prior to 23rd September 1975
25
25
(c) Certified copy interlocutor in decree pronounced prior to 23rd September 1975
25
25
6 Extract from the Register of Acts and Decrees – per sheet or part thereof
25
25
7 Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise
25
25
8 Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970
45
40
9 Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 1938
45
40
PART II – FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT
H. OFFICE OF THE ACCOUNTANT OF COURT
I. In Factories
1 For registering case and receiving and delivering up bond of caution–
(a) in Court of Session appointments
35
30
(b) in Sheriff Court appointments
20
20
2 For examining factor’s inventory – 0.333% of the value of the estate as disclosed
(a) minimum fee payable
25
20
(b) maximum fee payable
610
590
3 For auditing each account–
(a) basic fee
15
10
(b) additional percentage fee on the factor’s commission as fixed (or what would have been the factor’s full commission if chargeable or fully allowed)
17.5%
17.5%
4 For reporting re discharge, special powers or on other special matters
110
105
5 For report on scheme of division
110
105
6 For certificate under seal
25
25
II. In Consignations
7 For lodging consignation
20
20
8 For producing or delivering up consignation–
(a) basic fee
20
20
(b) additional fee for every £100 or part thereof uplifted
1
1
(c) maximum fee payable
65
60
III. Liquidations
9 For uplifting bond of caution
5
5
PART III – FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION
I. OFFICE OF THE AUDITOR OF THE COURT OF SESSION
1 Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:
(a) Auditor’s fee on lodging account for taxation
35
35
(b) Auditor’s fee for taxing accounts for expenses etc.
(i) up to £400
20
20
(ii) for every additional £100 or part thereof
5
5
Note: fee to be determined by the Auditor of the Court of Session on amount of account as submitted
2 Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid
240
230
3 Fee for cancellation of diet of taxation–
(a) where written notice of cancellation received by receiving party after 4.00 pm on the fourth working day prior to the diet of taxation
50% of fee that would have been payable under item I1(b) of this Table
50% of fee that would have been payable under item I1(b) of this Table
(b) where written notice of cancellation received by receiving party after 4.00 pm on the working day before or the day of the diet of taxation
75% of fee that would have been payable under item I1(b) of this Table
75% of fee that would have been payable under item I1(b) of this Table
PART IV – FEES COMMON TO ALL OFFICES
J. MISCELLANEOUS
1 Certified copy of proceedings for appeal to the House of Lords
180
175
2 Certifying of any other document (plus copying charges if necessary)
15
15
3 Recording, extracting, engrossing or copying– all documents (exclusive of search fee)–
(a) Copying of each document up to 10 pages
5
5
for each page or part thereof (in excess of 10 pages)
0.50
0.50
(b) Copy of each document copied to CD or in electronic form
5
5
4 Searches – for any search of records or archives:
(a) Up to 30 minutes
15
15
(b) For more than 30 minutes up to 2 hours
35
35
(c) For each additional 30 minutes (in excess of 2 hours)
10
10
(d) In addition, correspondence fee where applicable
10
10
5 Captions:
(a) Marking caption when ordered
10
10
(b) Warrant for caption when issued
10
10

## Explanatory note

(This note is not part of the Order)
This Order amends the Court of Session etc. Fees Order 1997, which was last amended on 16th July 2007 by the Court of Session etc. Fees Amendment Order 2007 (S.S.I. 2007/319).
The Order specifies new fee levels payable to the Principal Clerk of Session, to the Accountant of Court and to the Auditor of Court of Session or to any officer acting for any of them in relation to proceedings in the Court of Session.
The average increase in the level of fees in 2008 is 49%, and in 2009 and 2010 is 3% in each of those years. The fees in the Table of Fees in Schedule 1 to this Order are payable from 1st August 2008 and replace fees applicable from 16th July 2007. The fees in the Table of Fees in Schedule 2 to this Order are payable from 1st April 2009 and replace the fees applicable from 1st August 2008. The fees in the Table of Fees in Schedule 3 to this Order are payable from 1st April 2010 and replace the fees applicable from 1st April 2009.

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Source: https://www.legislation.gov.uk/ssi/2008/236 (the official version)
Page: https://openlegislation.uk/court-of-session-etc-fees-amendment-order-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.