
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No. 4) 2002 and shall come into force on 1st January 2003.
(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 paragraph 14—
(a) in paragraph (b), for “and II” there shall be substituted “, II and III”;
(b) in paragraph (c) after “(attendance at court),” there shall be inserted “and in Part III (Defended Actions and Defended Actions: Personal Injury Claims only), in respect of paragraphs 5 (attendance at court)”;
(c) in paragraph (d), after “(precognitions),” there shall be inserted “and in Part III (Defended Actions and Defended Actions: Personal Injury Claims only), in respect of paragraphs 6 (precognitions),”; and
(d) in paragraph (e), after “paragraph 15,” there shall be inserted “and in Part III (Defended Actions and Defended Actions: Personal Injury Claims only), in respect of paragraphs 19 (appeals),”.
(3) In the Table of Fees, in Chapter IV,
(a) after Part I (Undefended Actions) there shall be inserted the Table of Fees in the Schedule to this Act of Sederunt;
(b) for each of the headings “Part II – Defended Actions” and “Part II – Defended Actions: Personal Injury Claims Only” there shall be substituted “Part III – Defended Actions (commenced on or after 10th June 2002)” and “Part III – Defended Actions: Personal Injury Claims Only (commenced on or after 10th June 2002)” respectively.
3 

(1) Chapter IV, Part II of the Table of Fees (as inserted by the Schedule to this Act of Sederunt) shall apply to fees chargeable in respect of work done or outlays incurred in relation to any summary cause commenced before 10th June 2002.
(2) Chapter IV, Part III of the Table of Fees (Defended Actions and Defended Actions: Personal Injury Claims Only) shall apply to fees chargeable in respect of work done or outlays incurred in relation to any summary cause commenced on or after 10th June 2002.
4 
Paragraph 2(2) does not affect such fees as are chargeable in respect of work done or outlays incurred in relation to any summary cause commenced before 10 June 2002.
W. Douglas Cullen
Lord President I.P.D.
Edinburgh
23rd December 2002
SCHEDULE
Part II–

1 
Instructions fee, to include taking instructions (including instructions for a counterclaim), framing summons and statement of claim, obtaining warrant for service, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree 119.80

2 
Service– 

(a) Citation by post within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland – for each party 9.90
Citation by post elsewhere – for each party 21.80

(b) Instructing service or reservice by sheriff officer including perusing execution of citation and settling sheriff officer’s fee – for each party 9.90

(c) Framing and instructing service by advertisement – for each party 31.50

3 
Attendance at court–
Attendance at any diet except as otherwise specially provided 31.50

4 
Preparing for proof, to include all work in connection with proof not otherwise provided for 109.00

5 
Fee to cover preparing for adjourned diet and all incidental work if diet for more than six days – for each adjourned diet 52.30

6 

(a) Drawing and lodging inventory of productions, lodging the productions specified therein and considering opponent’s productions (to be charged only once in each process) 47.80

(b) Where only one party lodges productions, opponent’s charges for considering same 21.90

7 
Precognitions– 47.80

(a) Drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence – per witness 47.80

(b) Where precognitions exceed 2 sheets – for each additional sheet 21.90

8 
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 65.10

(b) Where unopposed (including for each party a joint minute or joint motion) 40.20

9 
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 52.30

(b) Where motion or minute unopposed 31.50

10 
Conduct of proof– 

(a) Fee to cover conduct of proof or trial and debate on evidence taken at close of proof – per half hour 31.50

(b) Waiting time – per half hour 16.50

11 
Settlements– 

(a) Judicial tender, fee for consideration of, preparing and lodging minute of tender 65.10

(i) Fee for consideration and rejection of tenders 47.80

(ii) Fee on acceptance of tender – to include preparing and lodging, or consideration of minute of acceptance and attendance at court when decree granted in terms thereof 47.80

(b) Extra-judicial settlement – fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto 109.00

12 
Specification of documents– 

(a) Fee to cover drawing, intimating and lodging specification of documents and relative motion and attendance at court 54.30

(b) Inclusive fee to opposing solicitor 48.80

(c) Fee for citation of havers, preparation for and attendance before commissioner, to each party – for each half hour 31.50

(d) If alternative procedure adopted, a fee per person upon whom order served 21.90

13 
Commissions to take evidence–
(a) Fee to cover drawing, lodging and intimating motion and attendance at court 

(i) Where opposed 65.10

(ii) Where unopposed 40.20

(b) Fee to cover considering such motion and attendance at court 

(i) Where opposed 52.30

(ii) Where unopposed 31.50

(c) Fee to cover instructing commissioner and citing witness 31.50

(d) Fee to cover drawing and lodging interrogatories and cross-interrogatories – per sheet 21.90

(e) Attendance before commissioner – per hour 30.50

(f) Travelling time – per hour 21.90

14 
Supplementary note of defence (when ordered) 21.90

15 
Appeals– 

(a) Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof and preparation for hearing 147.10

(b) Fee to cover conduct of hearing – per half hour 31.50

16 
Final Procedure– 

(a) Fee to cover settling with witnesses, enquiring for cause at avizandum, noting final interlocutor 65.10

(b) Fee to cover drawing account of expenses, arranging, intimating and attending hearing on expenses, and obtaining approval of sheriff clerk’s report 65.10

(c) Fee to cover considering opponents' account of expenses and attendance at hearing on expenses 31.50