Part 1 Sheriff CourtI1

Column 1

(Matters)

Column 2

(Fee Payable)

£

Column 3

(Fee Formerly Payable)^f1

£

1. Petition for commissary proceedings

(Note: The fee includes issue of extract decree)

3.

1. (a)

   Receiving and examining inventory of estate, except where sub-paragraph (b) or (c) of this paragraph applies—

   1. (i)

      where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed—

      • £50,000

      • £250,000

   2. (ii)

      where the amount of the estate exceeds £250,000.

2. (b)

   receiving and examining additional or corrective inventory of estate ad non executa—

   1. (i)

      where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed—

      • £50,000

      • £250,000

   2. (ii)

      where the amount of the estate exceeds £250,000,

3. (c)

   Receiving and examining inventory of estate where it is declared that confirmation is not required.

No fee

362

726

No fee

362

726

The fees payable are 50% of those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub-paragraph (a) or (b) are payable

No fee

351

705

No fee

351

705

The fees payable are 50% of those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub-paragraph (a) or (b) are payable

4. Commissary copying and extracting.

1. (1)

   Issuing certificate of confirmation—

   1. (a)

      if ordered when lodging inventory, each certificate,

   2. (b)

      if ordered subsequent to lodging inventory—

      1. (i)

         first certificate, including search fee,

      2. (ii)

         each subsequent certificate.

2. (2)

   Copy or duplicate information—

   1. (a)

      if ordered when lodging inventory,

   2. (b)

      if ordered subsequent to lodging inventory—

      1. (i)

         duplicate confirmation, including search fee,

      2. (ii)

         each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).

3. (3)

   Certified extract confirmation and will (if any)—

   1. (a)

      if ordered when lodging inventory,

   2. (b)

      if ordered subsequent to lodging inventory—

      1. (i)

         certified extract, including search fee,

      2. (ii)

         each subsequent certified extract if ordered at the same time as the certified extract in head (i).

4. (4)

   Copy will—

   1. (a)

      if ordered when lodging inventory,

   2. (b)

      if ordered subsequent to lodging inventory—

      1. (i)

         copy will, including search fee,

      2. (ii)

         each subsequent copy will if ordered at the same time as the copy will in head (i).

10

23

10

15

34

15

34

48

34

10

23

10

10

23

10

15

33

15

33

46

33

10

23

10

Initial writ

5. Initial writ in any proceedings not being proceedings for which any other paragraph of this table specifies a fee.

Note: Fee covers issue of extract decree.

182

176

Divorce and dissolution of civil partnership

7. Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application).

Note: Fee covers issue of extract decree.

196

191

Application for simplified divorce and simplified dissolution of civil partnership

8. Any application (inclusive of all procedures other than those specified at paragraph 9 and 38).

Note: Fee covers issue of extract decree.

160

156

Summary warrant

10. Application for summary warrant.

96

93

Bankruptcy and insolvency

11. Petition for sequestration of estates or petition for recall of award of sequestration.

148

143

Declarator and petitions for completion of title for the Sheriff of Chancery

14. Application for declarator and petition for completion of title to the Sheriff of Chancery.

300

292

Summary cause/simple procedure

16. Summons for summary cause or claim form for simple procedure case.(Note: includes European small claim procedure and fee covers issue of extract decree or issue of decision)—

1. (a)

   actions for payment of money of £300 or less (or 250 euros for European small claims),

2. (b)

   other actions,

3. (c)

   on the marking of an appeal or the sending of an appeal form to the sheriff court.

23

131

77

23

127

74

Criminal procedure

17. Summary complaint raising a private prosecution.

49

47

Road Traffic Offenders Act 1988

18. Petition for removal of disqualification.

118

114

Miscellaneous

19. Applications under section 4 of the Requirements of Writing (Scotland) Act 1995.

23

23

Defender’s responses

23. First writ, reponing note, application for recall of decree or attendance to state a defence or oppose an interim order (fee payable by each defender or compearer) (Note: Fee covers issue of extract decree)—

1. (a)

   in proceedings to which paragraph 5 of this table applies,

2. (b)

   in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).

165

196

160

191

Civil court procedure

Payable by pursuer

24. Lodging of a certified copy record under the Ordinary Cause Rules.

(Note: Fee payable only once in respect of a cause).

162

158

27. For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause.

(Note: Not payable if the proof, debate or hearing does not proceed on that day).

29. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute.

(Note: Where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion).

Sheriff court books

31. Recording protest of a bill or promissory note.

(Note: Extracts to be charged as in paragraph 36 of this table).

34

33

32. Preservation of deeds, each deed.

(Note: This includes recording and engrossing. If extracts are required, a separate fee is to be charged as in paragraph 36 of this table).

Miscellaneous office procedures

33. Lodging each set of plans or other Parliamentary deposit.

95

92

36. Recording, engrossing, extracting, printing or copying of all documents, except as provided for at paragraph 4 of this table (exclusive of search fee)—

1. (a)

   by photocopying or otherwise producing a printed or typed copy—

   1. (i)

      up to 10 pages,

   2. (ii)

      each page or part thereof in excess of 10 pages,

   3. (iii)

      for a copy of each document in electronic form.

(Note: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31).

9

1

9

9

0.5

9

37. Any search of records or archives, except as provided for at paragraph 4 of this table, per 30 minutes or part thereof.

In addition, correspondence fee where applicable.

15

15

15

15

39. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—

1. (a)

   lodging account for taxation,

2. (b)

   taxing accounts of expenses etc.—

   1. (i)

      up to £400,

   2. (ii)

      for every additional £100 or part thereof.

(Note: Fee to be determined by auditor of court on amount of account as submitted).

1. (c)

   cancellation of diet of taxation—

   1. (i)

      where written notice of cancellation received from receiving party after 4.00pm on the fourth working day before the day of diet of taxation,

   2. (ii)

      where written notice of cancellation received from receiving party after 4.00pm on the second working day before the day of the diet of taxation.

63

27

6

50% of fee that would have been payable under sub-paragraph (b) of this paragraph

75% of fee that would have been payable under sub-paragraph (b) of this paragraph

61

26

6

50% of fee that would have been payable under sub-paragraph (b) of this paragraph

75% of fee that would have been payable under sub-paragraph (b) of this paragraph