
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors) 2003 and shall come into force on 1st April 2003.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
2 

(1) The Table of Fees in rule 42.16 of the Rules of the Court of Session shall be amended in accordance with the following sub-paragraphs.
(2) In the provisions mentioned in column 1 of Schedule 1 to this Act of Sederunt, for the amounts specified in column 2 of that Schedule, there shall be substituted the amounts specified in column 3.
(3) In Chapter III–
(a) in Part III, in Tables A and B the words “Add session fee” in column 1, “of 7½ %” in column 2, and “of 10½ % in column 3 shall be omitted;
(b) in Part IV, paragraph 2(c) shall be omitted;
(c) in Part V, paragraph 21 shall be omitted; and
(d) after Part V, there shall be inserted Part VA (defended personal injuries actions commenced on or after 1st April 2003) set out in Schedule 2 to this Act of Sederunt.
3 
Paragraph 2 shall not affect fees chargeable for work done, or outlays incurred before 1st April 2003.
W Douglas Cullen
Lord President, I.P.D.
Edinburgh
14th March 2003
SCHEDULE 1


(1) (2) (3)
(provision) (old fee) £ (new fee) £
Chapter I:  
1(a) 12.30 13.80
(b) 5.10 5.70
(c) 18.10 20.30
3 5.10 5.70
4(a) 12.30 13.80
(b) 12.30 13.80
(c) 12.30 13.80
5(a) 24.50 27.50
(b) 24.50 27.50
(c) 24.50 27.50
(e)(i) 12.30 13.80
(ii) 12.30 13.80
(iii) 5.10 5.70
6(a) 12.30 13.80
(b) 2.50 2.80
(c) 5.10 5.70
Chapter III Part I:  
1(a) 220.40 247.40
Chapter III Part II:  
1 309.50 347.40
2 177.00 198.70
3(a) 45.40 51.00
(b) 65.60 73.60
(c) 81.50 91.50
4(a) 79.60 89.40
(b) 24.50 27.50
(c) 13.60 15.30
5(a) 73.60 82.60
(b) 24.50 27.50
7 220.40 247.40
8 67.90 76.20
Chapter III Part III:  
Table A:  
1 (column 2) 447.20 545.90
(column 3) 510.70 623.40
2 (column 2) 317.90 388.10
(column 3) 386.00 471.20
3 (column 2) 97.60 119.10
(column 3) 143.30 174.90
4 (column 2) 862.70 1053.10
(column 3) 1,039.90 1269.40
Table B:  
1 (column 2) 367.90 449.10
(column 3) 431.40 526.60
2 (column 2) 177.00 216.10
(column 3) 224.80 274.40
3 (column 2) 97.60 119.10
(column 3) 143.30 174.90
4 (column 2) 642.40 784.20
(column 3) 799.30 975.70
Table C:  
1 90.80 101.90
2 101.90 114.40
3 192.60 216.20
Chapter III Part IV:  
1(a) 458.70 514.90
(b) 635.50 713.30
2(a) 310.90 379.50
3(a) 55.60 62.40
4 52.50 58.90
Chapter III Part V:  
1(a) 431.40 526.60
(b) 46.50 56.80
(c) 90.80 110.80
1A 276.40 337.40
2(a) 458.70 559.90
(b) 283.70 346.30
(c)(i) 46.50 56.80
(ii) 24.50 29.90
(d) 136.10 166.10
(e) 202.00 246.60
3(a) 90.80 110.80
(b) 24.50 29.90
(c) 67.90 82.90
4(a) 86.30 105.30
(b) 24.50 29.90
(c) 12.30 15.00
(d) 86.30 105.30
(e) 24.50 29.90
(f) 12.30 15.00
5 45.60 55.70
6(a) 97.70 119.30
(b) 13.60 16.60
7(a) 90.80 110.80
(b) 44.10 53.80
(ba) 82.10 104.60
(c) 24.50 29.90
(d) 136.30 44.30
(e) 23.50 29.90
8(a) 83.90 102.40
(b) 147.60 180.20
(c) 54.50 66.50
(d) 13.60 16.60
9(a) 202.00 246.60
(b) 90.80 110.80
(c) 24.50 29.90
10(a) 24.50 29.90
(b) 67.90 82.90
(c) 24.50 29.90
(d) 67.90 82.90
(e) 24.50 29.90
11 256.70 313.30
12(a) 67.90 82.90
(b) 24.50 29.90
(c) 99.80 121.80
(d) 45.90 56.00
(e) 232.40 283.70
(f) 129.30 157.80
13(a) 624.20 761.90
(b) 55.60 67.90
(c) 113.70 138.80
(d) 24.50 29.90
15(a)(i) 136.10 166.10
(ii) 90.80 110.80
(iii) 90.80 110.80
(b) 227.00 277.10
(c) 385.90 471.10
(d) 23.50 29.90
16 482.50 589.00
17 24.50 29.90
18 164.50 200.80
19 36.30 44.30
20(a) 183.90 224.50
(b) 55.60 67.90
Chapter III Part VI:  
1(a) 136.10 166.10
(b) 67.90 82.90
(c) 56.90 69.50
2(a) 164.50 200.80
(b) 81.50 99.50
(c) 55.60 67.90
3(a) 136.10 166.10
(b) 24.50 29.90
6 55.60 67.90
SCHEDULE 2


 Fee
 £

1. 
 

(a) Taking and drawing precognitions, per sheet 55.60

(b) Perusal fee for consideration of Reports (whether or not in the course of doing so he revises or adjusts it), half thereof, per sheet 27.80

2. 
All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings particularly to include communications between parties in relation to areas of medical/quantum/discussion re settlement or such other sum as in the opinion of the Auditor is justified 336.70

3. 
 

(a) To cover all work (except as otherwise specially provided for in this Chapter) from commencement to the lodging of Defences 525.50

(b) Specification of Documents per Form 43.2-B 73.80

(c) In the event of the Summons being drafted without the assistance of Counsel or a Solicitor-Advocate such further fee will be allowed as the Auditor considers appropriate 179.10

(d) Instructing re-service where necessary 56.70

(e) If counterclaim lodged, additional fee for each party to include Answers 179.10

(f) Arranging commission to recover documents, citing havers, instructing Commission and shorthand writer and preparation for commission 100.00

(g) Attendance at execution of commission, to include travelling, per quarter hour of 29.90

(g) If alternative procedure adopted, a fee per person on whom order served of 44.20

(h) Fee for perusal of documents recovered under a specification of Documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour 29.90

4. 
 

(a) All work in connection with adjustment and closing of record 558.70

(b) All work as above, so far as applicable, where cause settled or disposed of before record closed 345.60

(c) If consultation held before record closed, additional fees may be allowed as follows– 

(i) arranging consultation 56.70

(ii) attendance at consultation, to include travelling, per quarter hour 29.90

(d) Additional fee to sub-paragraph (a) or (b), (to include necessary Amendments) to the pursuer and existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of 165.80

(e) If an additional pursuer, defender or third party is brought in after the record is closed, an additional fee shall be allowed to the existing pursuer and the existing defender or defenders, each of 246.10

5. 
 

(a) Fee to cover Note on Quantum/Valuation of Claim 358.20

(b) Opponent’s fee for inspection of Valuation of Claim 179.10

(c) Inspection of documents, per quarter hour 29.90

6. 
 

(a) All work in connection with and incidental to the lodging of an issue, and adjustment and approval of it 105.10

(b) If one counter-issue, additional fee to pursuer of 29.90

7. 
 

(a) Fee to cover preparing and instruction of Counsel, to include attendance not exceeding half an hour 82.70

(b) Thereafter attendance fee, per additional quarter hour 29.90

(c) In the event of a separate Advising/Opinion and all work incidental thereto 82.70

8. 
 

(a) All work incidental to it 119.00

(b) Additional fee for perusal of report, per quarter hour or such other sum as in the opinion of the Auditor is justified 16.60

9. 
(not chargeable prior to approval of issue or allowance of proof) Noting diet, obtaining note on the line of evidence, etc, borrowing and returning process, consultation on the sufficiency of evidence 312.70

10. 
 

(a) Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor 110.60

(b) Fee to opponent 53.70

(c) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission 100.00

(d) Attendance at execution of commission, per quarter hour, of 29.90

(e) If alternative procedure adopted, a fee per person on whom order served, of 44.20

(f) Fee for perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour 29.90

11. 
 

(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories 224.00

(b) Fee to opponent if cross-interrogatories lodged 179.80

(c) Fee to opponent if no cross-interrogatories lodged 67.00

(d) In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies, of 16.60

12. 
 

(a) Applying for commission up to and including lodging report of commission, but excluding sub-paragraph (c) 246.10

(b) Fee to opponent 110.60

(c) Fee for attendance at execution of commission, to include travelling, per quarter hour, of 29.90

13. 
 

(a) Where attendance of counsel and/or solicitor not required 29.90

(b) Where attendance of counsel and/or solicitor required inclusive of instruction of counsel, not exceeding half hour 85.20

(c) Thereafter attendance fee, per quarter hour 29.90

(d) Instructing counsel for a minute/note on further procedure (if applicable), revising and lodging as a separate step in process including any necessary action 82.70

(e) Perusing a minute of admission or abandonment/note ordered by Court/notice of grounds 29.90

14. 
 

(a) Amendment of conclusions only, fee to proposer 82.70

(b) Amendment of conclusions only, fee to opponent 29.90

(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer 121.60

(d) In same circumstances, fee to opponent 55.90

(e) Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers 283.10

(f) Fee for adjustment of minute and answers, where applicable, to be allowed in addition to each party, of 157.50

15. 
For the copying of papers by whatever means–

(a) where a copy is required to be lodged, or sent, in pursuance of any Rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and he may make different provision for different classes of case); and

(b) in any other case, if the Auditor determines (either or both) that–

(i) the copying had to be done in circumstances which were in some way exceptional;

(ii) the papers which required to be copied were unusually numerous having regard to the nature of the cause, such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person in copying shall not be allowed). 

1. 
Where a determination is required under sub-paragraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account. 

2. 
Copying done other than in the place of business of the solicitor shall be shown as an outlay. 

16. 
(to include fixing consultation on the sufficiency of evidence, fee-funding precept, citing witnesses, all work checking and writing up process and preparing for proof or jury trial) 

(a) If action settled before proof or jury trial, or lasts only one day, to include where applicable, instruction of counsel 760.30

(b) For each day or part of day after the first, including instruction of counsel 67.70

(c) Preparing for adjourned diets and all work incidental to it as in sub-paragraph (a), if adjourned for more than five days 138.50

(d) If consultation held before proof or jury trial, attendance at it, per quarter hour 29.90

17. 
 

(a) Fee arranging pre-trial meeting (each occasion) 56.70

(b) Fee preparing for pre-trial meeting 298.50

(c) Fee attending pre-trial meeting, per quarter hour 29.90

(d) Joint Minute of pre-trial meeting– 

(i) in respect of Section 1 only 92.20

(ii) in respect of Sections 1 and 2 only 184.30

(iii) in respect of Sections 1 and 3 only 214.20

(iv) in respect of Sections 1, 2 and 3 only 276.50

18. 
For any work undertaken to limit matters in dispute not otherwise provided for – subject to details being provided 238.80

19. 
 

(a) Settlement by tender 

(i) Lodging or considering first tender 165.80

(ii) Lodging or considering each further tender 110.60

(iii) If tender accepted, an additional fee to each accepting party 110.60

(b) Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender or joint minute) to include preparation and lodging of joint minute 276.50

(c) The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement, of 470.00

(d) If consultation held to consider tender, extrajudicial settlement (not based on judicial tender) or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour 29.90

20. 
Attendance fee, per quarter hour 29.90

21. 
 

(a) Preparation of judicial account, to include production of vouchers and adjustment of expenses 238.80

(b) Perusal of points of objections, per quarter hour 19.90

(c) Attendance at taxation, per quarter hour 19.90

22. 
 44.20

23. 
 

(a) If case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial, to include all work to close of cause so far as not otherwise provided for 224.00

(b) In any other case 67.50