
2015 No. 387
Sheriff Appeal Court
Act of Sederunt (Fees of Solicitors in the Sheriff Appeal Court) 2015
Made 17th November 2015
Laid before the Scottish Parliament 18th November 2015
Coming into force 1st January 2016

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks fit.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 106(1) of the Courts Reform (Scotland) Act 2014 and all other powers enabling it to do so.
Citation and commencement, etc.
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Appeal Court) 2015.
(2) It comes into force on 1st January 2016.
(3) A certified copy is to be inserted in the Books of Sederunt.
Application
2 

(1) This Act of Sederunt regulates the taxation of accounts of expenses between party and party in the Court.
(2) Nothing in this Act of Sederunt affects the inherent powers of the Court in relation to expenses.
Interpretation
3 

(1) In this Act of Sederunt—
 “advocate” means a practising member of the Faculty of Advocates;
 “the Court” means the Sheriff Appeal Court;
 “solicitor” means a person qualified to practise as a solicitor under section 4 of the Solicitors (Scotland) Act 1980;
 “solicitor advocate” means a solicitor having a right of audience before the Court of Session by virtue of section 25A of the Solicitors (Scotland) Act 1980.
(2) In this Act of Sederunt—
(a) a sheet consists of 250 words or numbers;
(b) a page consists of 125 words.
(3) Where there is a reference in this Act of Sederunt to a rule, it is a reference to that rule in the Act of Sederunt (Sheriff Appeal Court Rules) 2015.
Basis of charging
4 

(1) A solicitor may prepare an account of expenses on the basis of—
(a) Schedule 1 (detailed fees); or
(b) Schedule 2 (inclusive fees).
(2) A solicitor may not prepare an account of expenses partly on the basis of Schedule 1 and partly on the basis of Schedule 2.
(3) Only the proper expenses of process may be included in an account of expenses.
Outlays
5 
Any outlays reasonably incurred by a solicitor in relation to an appeal may be included in an account of expenses.
Value added tax
6 

(1) This paragraph applies where work done by a solicitor constitutes a supply of services in respect of which value added tax is chargeable.
(2) The amount of value added tax chargeable may be included in an account of expenses.
Copying of documents
7 

(1) This paragraph applies where a solicitor proposes to include a charge for copying of documents in an account of expenses.
(2) Where the copying was done other than in the place of business of the solicitor, it is to be shown as an outlay.
(3) The account of expenses must specify—
(a) the purpose of the copying;
(b) the number of copies made;
(c) the amount of the charge or outlay that the solicitor proposes should be allowed.
(4) The auditor of court is only to allow a charge or outlay if the auditor determines that—
(a) the copying had to be done in circumstances which were in some way exceptional;
(b) the documents which required to be copied were unusually numerous having regard to the nature of the appeal.
(5) Where the auditor allows a charge or outlay, the auditor is to allow an amount that the auditor considers reasonable in the circumstances.
Travel time
8 
Where a charge for travel time is included in an account of expenses, the auditor is only to allow it on cause shown.
Employment of advocate or solicitor advocate
9 

(1) This paragraph applies where the Court has sanctioned work in an appeal as suitable for the employment of counsel.
(2) Where an advocate or a solicitor advocate is instructed, the auditor is to allow—
(a) the reasonable fees of an advocate or a solicitor advocate for doing that work; and
(b) the applicable fees for instructing an advocate or a solicitor advocate.
(3) Where a consultation is reasonably required in relation to that work, the auditor may allow—
(a) the reasonable fees of an advocate or a solicitor advocate for the consultation;
(b) the applicable fees for attending a consultation.
(4) Except on cause shown, the auditor may only allow fees under paragraph (3) in respect of one consultation in the course of the appeal.
(5) Where a solicitor advocate is not instructed by another solicitor, the auditor is not to allow the fees mentioned in subparagraphs (2)(b) and (3)(b).
Disallowance of expenses
10 

(1) At taxation, the auditor may only allow expenses if they are reasonable for conducting the appeal in a proper manner.
(2) The auditor is to disallow any expenses—
(a) that the auditor considers to be unnecessary;
(b) in relation to any part of the appeal where the party entitled to expenses was unsuccessful;
(c) where any part of the expenses have been incurred through the fault of the party entitled to them.
Inclusive fees: modification by auditor
11 
Where an account of expenses is prepared on the basis of Schedule 2 (inclusive fees), the auditor may increase or reduce any fee if the auditor thinks it appropriate to do so.
CJM Sutherland
Lord Justice Clerk
I.P.D.
Edinburgh
17th November 2015
SCHEDULE 1
DETAILED FEES
Paragraph 4(1)(a)


  £
Time charges

1 
Attendance at court conducting any hearing, per quarter hour 41.00

2 
Any other attendances with clients and others and at court except as otherwise provided— 

(a) by solicitor, per quarter hour 41.00

(b) by clerk, per quarter hour 20.50

3 
Travel time, per quarter hour 37.00

4 
Considering any document, per quarter hour 41.00
Documents

5 
Preparation of all necessary documents (except affidavits), per sheet 20.50

6 
Preparation of affidavits, per sheet 41.00

7 
Certifying or signing a document 10.25

8 
Revising documents (where revisal ordered), per five sheets 10.25
Lodging in and borrowing from process

9 
Making up and lodging the process 20.50

10 
Lodging each necessary document in process 10.25

11 
Borrowing from process, where necessary 10.25

12 
Uplifting from process, where necessary 10.25

 Note: 

 The fee in paragraph 11 includes returning the borrowed item to the process. 
Correspondence

13 
Letters (except formal letters), per page 20.50

14 
Formal letters 5.13

15 
Telephone calls (except lengthy telephone calls) 10.25

16 
Lengthy telephone calls, per quarter hour 41.00

 Note: 

 For the purposes of paragraph 16, the auditor is to determine whether a telephone call is lengthy. 
Sheriff officers and extracts

17 
Accepting intimation of any appeal or application 20.50

18 
Instructing sheriff officer to give intimation or to execute diligence 10.25

19 
For each additional party on whom intimation is simultaneously made 10.25

20 
Ordering, procuring and examining any extract 41.00

 Note: 

 The fee in paragraph 18 includes examining the execution of intimation or diligence. 
SCHEDULE 2
INCLUSIVE FEES
Paragraph 4(1)(b)
PART 1 APPEALS UNDER THE STANDARD APPEAL PROCEDURE OR THE ACCELERATED APPEAL PROCEDURE

  £
Initiation of appeal

1 
All work (except appearances) up to appointment of appeal to standard appeal procedure or accelerated appeal procedure— 

(a) fee for appellant 410.00

(b) fee for respondent 205.00
Cross appeals

2 
Preparing and lodging— 

(a) grounds of appeal 164.00

(b) answers to grounds of appeal 164.00

3 
Considering opponent’s grounds of appeal or answers to grounds of appeal 82.00
Referral of questions about competency of appeal

4 
Preparing and lodging reference 164.00

5 
Considering opponent’s reference 82.00

6 
Preparing and lodging note of argument 164.00
Lodging documents prior to procedural hearing

7 
Lodging all necessary documents (except appendix) as required by the timetable 164.00

8 
Preparing or revising appendix, per 50 pages 102.50
Conduct of and attendance at hearings

9 
Conducting any hearing, per quarter hour 41.00

10 
Attending any hearing (where advocate or solicitor advocate is instructed to conduct hearing), per quarter hour 37.00

 Note: 

 Paragraphs 9 and 10 do not apply where any other paragraph in this Part specifies that it includes initial attendance at court, unless that hearing is continued. 
Preparation for appeal hearing

11 
Preparing for appeal hearing (including instruction of advocate or a solicitor advocate to conduct the hearing) 164.00
Motions and minutes

12 
Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing— 

(a) where opposed 205.00

(b) where unopposed 82.00

13 
Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing— 

(a) where opposed 205.00

(b) where unopposed 82.00
Amendment of pleadings

14 
Preparing and lodging motion to amend 164.00

15 
Considering opponent’s motion to amend 123.00

16 
Preparing and lodging opposition to motion 82.00

17 
Considering opponent’s opposition to motion 82.00
Withdrawal of solicitors

18 
All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing 164.00
Expenses

19 
Preparing and lodging account of expenses 246.00

20 
Conducting taxation hearing, per quarter hour 41.00
Extracts

21 
Ordering and obtaining an extract 41.00
Instruction of advocate or solicitor advocate

22 
Instructing advocate or solicitor advocate to revise pleadings 61.50

23 
Instructing advocate or solicitor advocate to attend court to conduct a hearing 205.00

24 
Attending consultation with advocate or solicitor advocate 

(a) where total time engaged does not exceed one hour 205.00

(b) for each additional quarter hour 41.00
PART 2 APPLICATIONS FOR NEW TRIAL OR TO ENTER JURY VERDICT

  £
Initiation of application

1 
All work (except appearances) up to issue of timetable— 

(a) fee for applicant 410.00

(b) fee for respondent 205.00
Referral of questions about competency of application

2 
Preparing and lodging reference 164.00

3 
Considering opponent’s reference 82.00

4 
Preparing and lodging note of argument 164.00
Lodging documents prior to procedural hearing

5 
Lodging all necessary documents (except appendix) as required by the timetable 164.00

6 
Preparing or revising appendix, per 50 pages 102.50
Conduct of and attendance at hearings

7 
Conducting any hearing, per quarter hour 41.00

8 
Attending any hearing (where advocate or solicitor advocate is instructed to conduct hearing), per quarter hour 37.00

 Note: 

 Paragraphs 7 and 8 do not apply where any other paragraph in this Part specifies that it includes initial attendance at court, unless that hearing is continued. 
Preparation for hearing required to dispose of application

9 
Preparing for hearing required to dispose of application (including instruction of advocate or a solicitor advocate to conduct the hearing). 164.00
Motions and minutes

10 
Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing— 

(a) where opposed 205.00

(b) where unopposed 82.00

11 
Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing— 

(a) where opposed 205.00

(b) where unopposed 82.00
Amendment of pleadings

12 
Preparing and lodging motion to amend 164.00

13 
Considering opponent’s motion to amend 123.00

14 
Preparing and lodging opposition to motion 82.00

15 
Considering opponent’s opposition to motion 82.00
Withdrawal of solicitors

16 
All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing 164.00
Expenses

17 
Preparing and lodging account of expenses 246.00

18 
Conducting taxation hearing, per quarter hour 41.00
Extracts

19 
Ordering and obtaining an extract 61.50
Instruction of advocate or solicitor advocate

20 
Instructing advocate or solicitor advocate to revise pleadings 61.50

21 
Instructing advocate or solicitor advocate to attend court to conduct a hearing 205.00

22 
Attending consultation with advocate or solicitor advocate 

(a) where total time engaged does not exceed one hour 205.00

(b) for each additional quarter hour 41.00
PART 3 APPEALS FROM SUMMARY CAUSES  , SMALL CLAIMS AND SIMPLE PROCEDURE CASES

  £
Preparation for hearing required to dispose of appeal

1 
Preparing for hearing under rule 29.4 (or rule 16.4 of the Simple Procedure Rules)  (including instruction of advocate or a solicitor advocate to conduct the hearing) 164.00
Conduct of and attendance at hearings

2 
Conducting any hearing, per quarter hour 41.00

3 
Attending any hearing (where advocate or solicitor advocate is instructed to conduct hearing), per quarter hour 37.00

 Note: 

 Paragraphs 2 and 3 do not apply where any other paragraph in this Part specifies that it includes initial attendance at court, unless that hearing is continued. 
Motions and minutes

4 
Preparing and lodging any written motion or minute, including initial attendance at court to conduct hearing— 

(a) where opposed 205.00

(b) where unopposed 82.00

5 
Considering opponent’s written motion or minute, including initial attendance at court to conduct hearing— 

(a) where opposed 205.00

(b) where unopposed 82.00
Withdrawal of solicitors

6 
All work preparing for a peremptory hearing fixed under rule 17.3(1), including initial attendance at court to conduct peremptory hearing 164.00
Expenses

7 
Preparing and lodging account of expenses 246.00

8 
Conducting taxation hearing, per quarter hour 41.00
Extracts

9 
Ordering and obtaining an extract or, in simple procedure, a Decision Form 61.50
Instruction of advocate or solicitor advocate

10 
Instructing advocate or solicitor advocate to attend court to conduct a hearing 205.00

11 
Attending consultation with advocate or solicitor advocate 

(a) where total time engaged does not exceed one hour 205.00

(b) for each additional quarter hour 41.00