{
  "url": "https://openlegislation.uk/legal-aid-and-advice-and-assistance-miscellaneous-amendment-scotland-regulations-2021/schedule-2",
  "json_url": "https://openlegislation.uk/legal-aid-and-advice-and-assistance-miscellaneous-amendment-scotland-regulations-2021/schedule-2.json",
  "legislation": "ssi/2021/56",
  "legislation_title": "The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021",
  "legislation_url": "https://openlegislation.uk/legal-aid-and-advice-and-assistance-miscellaneous-amendment-scotland-regulations-2021",
  "path": "schedule/2",
  "kind": "schedule",
  "number": "2",
  "heading": "Amendments to Part 2 of Chapter 3 of schedule 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989",
  "text": "Part 2 - Defended Actions\n1.\nThe instruction fee—\n(a)\nfor the pursuer’s solicitor, including taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for the form of response and noting defence\n£87.78\n(b)\nfor the defender’s solicitor, for all work from taking instructions (including instructions for a counter-claim) up to and including lodging the form of response\n£87.78\n2.\nWhere an additional defender or third party enters the cause, an additional fee for each of the original parties’ solicitors for all consequent work\n£43.93\n3.\nThe fee for citation, service or re-service, except as provided for in paragraph 19(e), by—\n(a)\npost, to a destination—\n(i)\nwithin the United Kingdom, Isle of Man, Channel Islands or the Republic of Ireland\n£7.30\n(ii)\nother than one specified in paragraph (i)\n£15.61\n(b)\nsheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee\n£7.30\n(c)\nadvertisement, to include framing and instructing the advertisement\n£22.84\n4.\nIn connection with the first hearing of the cause—\n(a)\nthe fee for attendance at court, including noting the outcome of the hearing\n£75.90\n(b)\nif waiting for and conducting the hearing exceeds an hour and a half, the fee for attendance at court for each subsequent half hour\n£22.84\n5.\nThe fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour\n£22.84\n6.\nThe fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet\n£33.83\n7.\nThe fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet\n£16.92\n8.\nIn connection with reports commissioned by order of Court, the fee for—\n(a)\nall incidental work, including instructing the report\n£22.84\n(b)\neach half hour perusing the report\n£22.84\n9.\nThe fee, per inventory, for—\n(a)\nlodging productions\n£33.83\n(b)\nperusing the opposition’s productions\n£15.61\n10.\nThe fee for framing affidavits, per sheet\n£16.92\n11.\nExcept as provided for by paragraphs 17, 18 and 19 the fee for—\n(a)\ndrawing, intimating and lodging any written minute or incidental application including any relative attendance at court, where that minute or application is—\n(i)\nopposed\n£48.17\n(ii)\nunopposed\n£28.93\n(b)\nconsidering a written minute or incidental application intimated by the opposition including any relative attendance at court, where that minute or application is—\n(i)\nopposed\n£39.62\n(ii)\nunopposed\n£22.84\n12.\nIn connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour\n£22.84\n13.\nIn connection with a proof the fee for all work, except as specifically provided for elsewhere in this Chapter, preparatory to—\n(a)\nthe first scheduled proof, if—\n(i)\nthe cause is settled or abandoned 7 or more days before the scheduled proof\n£79.24\n(ii)\nparagraph (i) does not apply\n£95.13\n(b)\nany adjourned proof, if the postponement from the hearing previously scheduled exceeds 6 days and—\n(i)\nthe cause is settled or abandoned 7 or more days before the scheduled proof\n£39.62\n(ii)\nparagraph (i) does not apply\n£47.57\n14.\nThe fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition\n£22.84\n15.\nIn connection with a proof or a trial and debate on evidence taken at the close of proof, the fee for each half hour—\n(a)\nconducting that hearing\n£22.84\n(b)\nwaiting in court for that hearing\n£12.14\n16.\nIn connection with a debate on evidence not taken at the close of proof, the fee for—\n(a)\nall preparatory work\n£53.07\n(b)\nattendance at court, per half hour\n£22.84\n17.\nIn connection with a minute of judicial tender—\n(a)\nthe fee for consideration of, preparing and lodging the minute\n£48.17\n(b)\non acceptance of the tender, the fee for consideration of, preparing and lodging the minute of acceptance and attendance at court when decree is granted in terms of that minute\n£33.83\n(c)\non rejection of the tender, the fee for considering it\n£33.83\n18.\nThe fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto\n£79.24\n19.\nIn connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972, the fee for—\n(a)\ndrawing, intimating and lodging the application and, where relevant, specification and any relative attendance at court, where the application is—\n(i)\nopposed\n£52.95\n(ii)\nunopposed\n£28.93\n(b)\nconsidering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is—\n(i)\nopposed\n£39.62\n(ii)\nunopposed\n£22.84\n(c)\neach subsequent half hour, where attendance at court exceeds half an hour\n£22.84\n(d)\nciting havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour\n£22.84\n(e)\nserving an order on each person, if optional procedure is adopted\n£15.61\n(f)\neach half hour perusing the documents recovered\n£22.84\n20.\nIn connection with an open commission to take evidence, the fee for—\n(a)\nall work, excluding attendance at the commission, by the—\n(i)\nsolicitor applying for the commission\n£53.07\n(ii)\nopposing solicitor\n£22.84\n(b)\neach half hour attending the execution of the commission\n£22.84\n21.\nAt the conclusion of the cause, the fee for—\n(a)\nsettling with witnesses and noting the final decree\n£48.17\n(b)\nthe successful party to cover drawing the account of expenses, arranging, intimating and attending a diet of taxation and obtaining approval of the auditor’s report and, where necessary, ordering, procuring and examining extract decree or adjusting account with opponent\n£48.17\n(c)\nthe unsuccessful party to cover considering the opponent’s account of expenses and, where necessary, adjusting the account with opponent or attending a diet of taxation\n£22.84",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1972 c.59. Section 1 was amended by section 19 and paragraph 15 of schedule 2 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2021/56/schedule/2",
    "retrieved_at": "2026-10-28T20:57:36.027191+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."
}