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Chapter 42 - Appeals under statute - Part III - Taxation of acccounts and fees of Solicitors

Part III

Undefended consistorial actions
(affidavit procedure)

1 .-(1) This paragraph applies to any undefended action of divorce or separation where-

(a) the facts set out in section 1(2)(a) (adultery) or 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 ( a ) ("the 1976 Act") are relied on;
(b) there are no conclusions relating to any ancillary matters; and
(c) the pursuer seeks to prove those facts by means of affidavits.

(2) The solicitor for the pursuer may, in respect of the work specified in column 1 of Table A below, charge the inclusive fee specified in respect of that work in column 2 of that Table.

(3) Where the pursuer has been represented in respect of work specified in column 1 of Table A below by an Edinburgh solicitor and a solicitor outside Edinburgh, the Auditor may, where he is satisfied that it was appropriate for the pursuer to be so represented, allow the inclusive fee specified in column 3 instead of the inclusive fee specified in column 2 of that Table.

Table A

Column 1

Work done

Column 2

Inclusive fee

Column 3

Discretionary inclusive fee Edinburgh solicitor and solicitor outside Edinburgh

 

£

£

1.

All work to and including calling of the summons
635.45

725.70

2.

All work from calling to and including swearing affidavits

451.58

548.55

3.

All work from swearing affidavits to and including sending extract decree

138.65

203.60

4.

All work to and including sending extract decree

1225.90

1478.30

2 .-(1) This paragraph applies to any undefended action of divorce or separation where-

(a) the facts set out in section 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five years' non-cohabitation) of the 1976 Act are relied on;
(b) there are no conclusions relating to any ancillary matters; and
(c) the pursuer seeks to prove those facts by affidavit.

( a ) 1976 c.39.

(2) The solicitor for the pursuer may, in respect of the work specified in column 1 of Table B below, charge the inclusive fee specified in respect of that work in column 2 of that Table.

(3) Where the pursuer has been represented in respect of work specified in column 1 of Table B below by an Edinburgh solicitor and a solicitor outside Edinburgh, the auditor may, where he is satisfied that it was appropriate for the pursuer to be so represented, allow the inclusive fee specified in respect of that work in column 3 instead of the inclusive fee specified in column 2 of that Table.

Table B

Column 1

Work done

Column 2

Inclusive fee

Column 3

Discretionary inclusive fee Edinburgh solicitor and solicitor outside Edinburgh

 

£

£

1.

All work to and including calling of the summons
522.80

613.05

2.

All work from calling to and including swearing affidavits

251.50

319.45

3.

All work from swearing affidavits to and including sending extract decree

138.65

203.60

4.

All work to and including sending extract decree

912.85

1135.80

 

3 . If-

(a) the solicitor for the pursuer charges an inclusive fee under either paragraph 1 or 2 of this Part, and
(b) the action to which the charge relates includes a conclusion relating to an ancillary matter, in addition to that fee he may charge in respect of the work specified in column 1 of Table C below the inclusive fee specified in respect of that work in column 2 of that Table.

      Table C

Column 1

Work done

Column 2

Inclusive fee

£
1.

All work to and including calling of the summons

118.70

2.

All work from calling to and including swearing affidavits

133.20

3.

All work under items 1 and 2

251.65