
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2002 and shall come into force on 10th June 2002.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
2 

(1) The Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 shall be amended in accordance with the following sub-paragraphs.
(2) In the General Regulations, in the table in paragraph 14(f)–
(a) in item 1, in the left hand column, for “£50 to £250” there is substituted “£1,000 to £2,500”;
(b) in item 2, in the left hand column, for “£50” there is substituted “£1,000”; and
(c) item 3 is omitted.
(3) In the Table of Fees, for Chapter IV, Part II (summary causes: defended actions) there is substituted the Tables of Fees in the Schedule to this Act of Sederunt.
3 
Paragraph 2 does not affect such fees as are chargeable for work done, or outlays incurred, before 10th June 2002.
W DOUGLAS CULLEN
Lord President, I.P.D.
Edinburgh
16th May 2002
SCHEDULE
Chapter IV –
Part II –

1 
Work before action commences – to cover all work of a pre-litigation basis, to include discussions/correspondence with opposing party, exchange of documentation, etc (not exceeding 1 hour) 100.00

2 

(a) Instruction fee to include taking instructions, framing summons and statement of claim, statement of valuation, obtaining warrant for service, enquiring for and consideration of Response Form (1½ hours) 150.00

(b) Where counter claim and answers lodged, additional fee of (1½ hours) 150.00

(c) If additional defender/third party brought in, additional fee to each original party’s agent (1 hour) 100.00

3 
Service– 

(a) Citation by post within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland – for each party 10.30
Citation by post elsewhere – for each party 22.75

(b) Instructing service or reservice by sheriff officer including perusing execution of citation and settling sheriff officer’s fee – for each party 10.30

(c) Framing and instructing service by advertisement – for each party 32.90

4 
Attendance at first calling– 

(a) To include necessary preparation for and conduct of (each of) such hearings and noting interlocutor (1½ hours) 150.00

(b) Where waiting/hearing exceeds one half hour – for every extra quarter hour 25.00

5 
Attendance at Court– 
Attendance at any diet except as otherwise specially provided – per half hour 25.00

6 
Precognitions– taking and drawing – per sheet 36.40
Note: Where a skilled witness prepares his own precognition or report, the solicitor shall be allowed half of above drawing fee for perusing it (whether or not in the course of doing so he revises or adjusts it). 

7 
Reports obtained under Order of Court– 

(a) All work incidental to it 80.00

(b) Additional fee for perusal of report, per quarter hour 19.55

8 
Productions– 

(a) For lodging productions – each inventory 43.60

(b) For considering opponent’s productions – each inventory 21.70

9 
Affidavits– to framing affidavits (where ordered) per sheet 14.50

10 
Motions and minutes–
Fee to cover drawing, intimating and lodging of any written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court (except as otherwise provided in this Chapter)– 

(a) Where opposed 101.85

(b) Where unopposed – including for each party a joint minute or joint motion (other than under paragraph 14(b)) 43.60

(c) Where motion exceeds half hour, additional fee per quarter hour 19.55

11 
Fee to cover considering opponent’s written motion or minute excluding minute or motion to recall decree and relative attendance at court– 

(a) Where motion or minute opposed 101.85

(b) Where motion or minute unopposed 43.60

(c) Where motion exceeds half hour, additional fee per quarter hour 19.55

12 
Hearing Limitation– 
Fee to include work done (except as otherwise specially provided for in this Chapter) undertaken with a view to limiting the scope of any hearing, and including the agreement of evidence generally including the exchange of documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, preparation and lodging of witness list, preparing Schedule of Damages and preparing and lodging joint minute (not exceeding 1 hour) 100.00

13 
Procedure preliminary to proof–
(a) Fee to cover all work preparing proof (except as otherwise specially provided for in this chapter) 

(i) If action settled or abandoned not later than 7 days before the diet of proof 250.00

(ii) In any other case 300.00

(b) Fee to cover preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, for each additional diet 94.60

(c) Fee for attendance inspecting opponent’s documents – per quarter hour 21.70

14 
Conduct of proof– 

(a) Fee to cover conduct of proof or trial and debate on evidence taken at close of proof – per quarter hour 21.75

(b) Waiting time – per half hour 19.55

15 
Debate on Evidence– 

(a) Where debate on evidence not taken at conclusion of proof, preparing for debate 72.70

(b) Fee for conduct of debate – per quarter hour 21.75

16 
Settlements–
(a) Judicial tender– 

(i) Fee for preparation and lodging or for consideration of each minute of tender 79.90

(ii) Fee on acceptance of tender, to include preparation and lodging or consideration of minute of acceptance and attendance at court when decree granted in terms thereof 65.50

(b) Extra judicial settlement– 
Fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto 145.30

(c) Whether or not fees are payable under (a) or (b) above where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed – not exceeding 145.30

17 
Specification of documents–
(a) Fee to cover drawing, intimating and lodging specification and relative motion 

(i) Where motion unopposed 79.90

(ii) Where motion opposed – additional fee per quarter hour 19.55

(b) Fee to opposing solicitor 

(i) Where motion unopposed 43.60

(ii) Where motion opposed – additional fee per quarter hour 19.55

(c) Fee for citation of havers, preparation for and attendance before commissioner at execution of commission– 

(i) Where attendance before commissioner does not exceed one hour 79.90

(ii) For each additional quarter hour after the first hour 21.70

(d) If optional procedure adopted – fee per person upon whom order is served 19.55

(e) Fee for perusal of documents recovered – per quarter hour 19.55

18 
Commissions to take evidence–
Open Commissions– 

(a) Fee to solicitor applying for commission to include all work (except as otherwise specially provided for in this chapter) up to lodging report of commission but excluding attendance thereat 145.40

(b) Fee to opposing solicitor 72.70

(c) Fee for attendance at execution of commission – per quarter hour 21.70

19 
Appeals– 

(a) Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof, perusing Stated Case, framing Questions in Law and Adjustment thereof, preparation for hearing 218.10

(b) Fee to cover conduct of hearing on Adjustments – per quarter hour 21.70

(c) Conduct of Appeal – per quarter hour 21.70

20 
Final Procedure– 

(a) Fee to cover settling with witnesses and noting final interlocutor 109.10

(b) Fee to cover drawing of expenses, arranging, intimating and attending diet of taxation and obtaining approval of auditor’s report and where necessary, ordering, procuring and examining extract decree or adjusting account with opponent 94.60

(c) Fee to cover considering opponent’s account of expenses, objections and attendance at hearing on expenses – per quarter hour 19.55
Chapter IV –
Part II –

1 
Work before action commences – to cover all work of a pre-litigation basis, to include discussions/correspondence with opposing party, exchange of documentation, etc (not exceeding 3 hours) 284.60

2 

(a) Instruction fee to include taking instructions, framing summons and statement of claim, statement of valuation, obtaining warrant for service, enquiring for and consideration of Response Form (not exceeding 2_ hours) 300.00

(b) Where counter claim and answers lodged, additional fee of (not exceeding 1½ hours) 150.00

(c) If additional defender/third party brought in, additional fee to each original party’s agent (not exceeding 1½ hours) 150.00

3 
Service– 

(a) Citation by post within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland – for each party 12.35
Citation by post elsewhere – for each party 27.25

(b) Instructing service or reservice by sheriff officer including perusing execution of citation and settling sheriff officer’s fee – for each party 12.35

(c) Framing and instructing service by advertisement – for each party 32.85

4 
Attendance at first calling– 

(a) To include necessary preparation for and conduct of (each of) such hearings and noting interlocutor (2 hours) 195.60

(b) Where waiting/hearing exceeds one half hour – for every extra quarter hour 27.15

5 
Attendance at Court– 
Attendance at any diet except as otherwise specially provided – per half hour 54.50

6 
Precognitions– taking and drawing – per sheet 45.50
Note: Where a skilled witness prepares his own precognition or report, the solicitor shall be allowed half of above drawing fee for perusing it (whether or not in the course of doing so he revises or adjusts it). 

7 
Reports obtained under Order of Court– 

(a) All work incidental to it 100.00

(b) Additional fee for perusal of report, per quarter hour 12.65

8 
Productions– 

(a) For lodging productions – each inventory 54.50

(b) For considering opponent’s productions – each inventory 27.15

9 
Affidavits– to framing affidavits (where ordered) per sheet 18.15

10 
Motions and minutes–
Fee to cover drawing, intimating and lodging of any written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court (except as otherwise provided in this Chapter)– 

(a) Where opposed 127.35

(b) Where unopposed – including for each party a joint minute or joint motion (other than under paragraph 14(b)) 54.50

(c) Where motion exceeds half hour, additional fee per quarter hour 27.15

11 
Fee to cover considering opponent’s written motion or minute excluding minute or motion to recall decree and relative attendance at court– 

(a) Where motion or minute opposed 127.35

(b) Where motion or minute unopposed 54.50

(c) Where motion exceeds half hour, additional fee per quarter hour 27.15

12 
Procedure preliminary to proof–
(a) Fee to cover all work preparing proof – as follows – exchanging of witness list, documents list, skilled witnesses, reports, consideration of defender’s schedule of damages, citation of witnesses, general preparation for Proof (except as otherwise specially provided for in this chapter) (not exceeding 3 hours) 

(i) If action settled or abandoned not later than 7 days before the diet of proof 400.00

(ii) In any other case 526.95

(b) Fee to cover preparing for adjourned diet and all incidental work as in (a) if diet postponed for more than 6 days, for each additional diet 118.25

13 
Hearing Limitation– 
Fee to include work done (except as otherwise specially provided for in this Chapter) undertaken with a view to limiting the scope of any hearing and including the agreement of evidence generally, including the agreement of photographs, sketch plans, documents, precognitions and expert reports, agreeing any fact, statement or documents, agreeing Schedule of Damages and preparing and lodging joint minute of admissions (not exceeding 3 hours) 400.00

14 
Conduct of proof– 

(a) Fee to cover conduct of proof or trial and debate on evidence taken at close of proof – per quarter hour 27.15

(b) Waiting Time – per half hour 24.45

15 
Debate on Evidence– 

(a) Where debate on evidence not taken at conclusion of proof, preparing for debate 90.85

(b) Fee for conduct of debate – per quarter hour 27.15

16 
Settlements–
(a) Judicial tender– 

(i) Fee for preparation and lodging or for consideration of each minute of tender 99.90

(ii) Fee on acceptance of tender, to include preparation and lodging or consideration of minute of acceptance and attendance at court when decree granted in terms thereof 81.85

(b) Extra judicial settlement– 
Fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto 181.65

(c) Whether or not fees are payable under (a) or (b) above where additional work has been undertaken with a view to effecting settlement, including offering settlement, although settlement is not agreed – not exceeding 136.40

17 
Specification of documents–
(a) Fee to cover drawing, intimating and lodging specification and relative motion 

(i) Where motion unopposed 99.90

(ii) Where motion opposed – additional fee per quarter hour 24.45

(b) Fee to opposing solicitor 

(i) Where motion unopposed 99.90

(ii) Where motion opposed – additional fee per quarter hour 24.45

(c) Fee for citation of havers, preparation for and attendance before commissioner at execution of commission– 

(i) Where attendance before commissioner does not exceed one hour 99.90

(ii) For each additional quarter hour after the first hour 27.15

(d) If optional procedure adopted – fee per person upon whom order is served 24.45

(e) Fee for perusal of documents recovered – per quarter hour 24.45

18 
Commissions to take evidence–
Open Commissions– 

(a) Fee to solicitor applying for commission to include all work (except as otherwise specially provided for in this chapter) up to lodging report of commission but excluding attendance thereat 181.75

(b) Fee to opposing solicitor 90.85

(c) Fee for attendance at execution of commission – per quarter hour 27.15

19 
Appeals– 

(a) Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof, perusing Stated Case, framing Questions in Law and Adjustment thereof, preparation for hearing 272.65

(b) If Counsel employed 154.60

(c) Fee to cover conduct of hearing on Adjustments – per quarter hour 27.15

(d) Conduct of Appeal – per quarter hour 27.15

20 
Final Procedure– 

(a) Fee to cover settling with witnesses and noting final interlocutor 136.40

(b) Fee to cover drawing of expenses, arranging, intimating and attending diet of taxation and obtaining approval of auditor’s report and where necessary, ordering, procuring and examining extract decree or adjusting account with opponent 118.25

(c) Fee to cover considering opponent’s account of expenses and attendance at hearing on expenses 24.45

21 
Instruction of Counsel– 

(a) Fee for instructing counsel to attend court 118.25

(b) Fee for attending consultation with counsel– 

(i) Where total time engaged does not exceed one hour 118.25

(ii) For each additional quarter hour 24.45
Note: Excludes Adjustment, Debate, Amendment, Interrogatories, Process Fee. 