Rules of the Court of Session -Chapter 42 - Appeals under statute - Part II - Taxation of acccounts and fees of Solicitors

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

Table of fees
Defended actions

1.	Instruction
	(a)	All work (apart from precognitions) from commencement until lodgement of open record......................................................................	£613.00
	(b)	Instructing re-service where necessary .................................................	£66.10
	(c)	If counterclaim lodged, additional fee for each party ...........................	£128.95
1A.	Work before action commences
	All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings.......... or such lesser sum as in the opinion of the Auditor is justified.		£392.80
2.	Record
	(a)	All work in connection with adjustment and closing of record including subsequent work in connection with By Order Adjustment Roll ....................................	£651.75
	(b)	All work as above, so far as applicable, where cause settled or disposed of before record closed ...........................................................	£403.20

	(c)	If consultation held before record closed, additional fees may be allowed as follows-
	(i) arranging consultation ...........................................................................		£66.10
	(ii) attendance at consultation, per quarter hour .........................................		£34.80
	(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 ...............................................................	£193.40
	(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 .......................	£287.10
2A.	Notes of Argument
	(a)	Instructing, perusing and lodging first Note of Arguments (either party)	£127.85
	(b)	Perusing opponent's Note of Arguments	£69.60
	(c)	Instructing, perusing and lodging any further Note of Arguments (either party)	£69.60
3.	Procedure Roll or hearing
	(a)	Preparing for hearing including all work, incidental work and instruction of counsel .........................................................	£128.95
	(b)	Attendance fee, per quarter hour ...........................................................	£34.80
	(c)	Advising and work incidental to it ........................................................	£96.45
4.	Adjustment of issues and counter-issues
	(a)	All work in connection with and incidental to the lodging of an issue, and adjustment and approval of it .........................................................	£122.55
	(b)	If one counter-issue, additional fee to pursuer of ..................................	£34.80
	(c)	Where more than one counter-issue, an additional fee to pursuer for each additional counter-issue ................................................................	£17.45
	(d)	All work in connection with lodging of counter-issue and adjustment and approval of it ......................................................................	£122.55
	(e)	Fee to defender or third party for considering issue where no counter-issue lodged ......................................................................	£34.80
	(f)	Fee to defender or third party for considering each additional counter-issue ......................................................................	£17.45
5	Precognitions
	Taking and drawing precognitions, per sheet ....................................................		£64.85
	Note. Where a skilled witness prepares his own precognition or report, the solicitor shall be allowed, for perusing it (whether or not in the course of doing so he revises or adjusts it), half of the taking and drawing fee per sheet.
6.	Reports obtained under order of court excluding Auditor's report
	(a)	All work incidental to it ........................................................................	£138.90
	(b)	Additional fee for perusal of report, per quarter hour ...........................	£19.35
		or such other sum as in the opinion of the Auditor is justified.
7.	Specification of documents
	(a)	Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor .........	£129.00
	(b)	Fee to opponent ..................................	£62.65
	(ba)	Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission ..............	£121.75
	(c)	Attendance at execution of commission, per quarter hour, of ..............	£34.80
	(d)	If alternative procedure adopted, a fee per person on whom order served, of .....................................................................	£51.60
	(e)	Fee for perusal of documents covered under a specification of documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour ...................................................	£34.80

8.	Commission to take evidence on interrogatories
	(a)	Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories ..........................................................	£240.30
	(b)	Fee to opponent if cross-interrogatories lodged ....................................	£209.80
	(c)	Fee to opponent if no cross-interrogatories lodged ...............................	£77.45
	(d)	In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies, of ...........	£19.35
9.	Commission to take evidence on open commissions
	(a)	Applying for commission up to and including lodging report of commission, but excluding sub-paragraph (c) ......................................	£287.10
	(b)	Fee to opponent ......................................	£128.95
	(c)	Fee for attendance at execution of commission, per quarter hour, of ...	£34.80
10.	Miscellaneous motions and minutes where not otherwise covered by this Part
	(a)	Where attendance of counsel and/or solicitor not required ...................	£34.80
	(b)	Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel, not exceeding half hour ....................................	£96.45
	(c)	Thereafter attendance fee, per additional quarter hour .........................	£34.85
	(d)	Instructing counsel for a minute (other than a minute ordered by the court), revising and lodging as a separate step in process including any necessary action .............................................................................	£96.45
	(e)	Perusing a minute of admission or abandonment .................................	£34.80
11.	Incidental procedure (not chargeable prior to approval of issue or allowance of proof)
	Fixing diet, obtaining note on the line of evidence, etc., borrowing and returning process, lodging productions, considering opponent's productions and all other work prior to the consultation on the sufficiency of evidence ......		£364.80
12.	Amendment of record
	(a)	Amendment of conclusions only, fee to proposer .................................	£96.45
	(b)	Amendment of conclusions only, fee to opponent ................................	£34.80
	(c)	Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer ................................................	£141.80
	(d)	In same circumstances, fee to opponent ................................................	£65.15
	(e)	Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers .....................	£330.30
	(f)	Fee for adjustment of minute and answers, where applicable, to be allowed in addition to each party, of .....................................................	£183.75
13.	Preparation for proof or jury trial (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 .................................	£886.90
	(b)	For each day or part of day after the first, including instruction of counsel ......................................................	£79.00
	(c)	Preparing for adjourned diets and all work incidental to it as in sub-paragraph (a), if adjourned for more than five days .............................	£161.65
	(d)	If consultation held before proof or jury trial, attendance at it, per quarter hour ....................................................	£34.80
14.	Copying 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).
	Notes.
	(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.
15.	Settlement
	(a)	Settlement by tender
	(i) Lodging or considering first tender .......................................................		£193.40
	(ii) Lodging or considering each further tender ..........................................		£128.95
	(iii) If tender accepted, an additional fee to each accepting party ............		£128.95
	(b)	Extrajudicial settlement - advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender) to include preparation and lodging of joint minute ...................................	£322.60
	(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 ..........................................	£548.40
	(d)	If consultation held to consider tender, extra judicial 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 ................	£34.80
16.	Hearing limitation fee
	To include all work undertaken with a view to limiting the matters in dispute or limiting the scope of any hearing, and including exchanging documents, precognitions and expert reports, agreeing any fact, statement or document, and preparing and lodging any joint minute ..................................................		£685.65
17.	Proof or jury trial
	Attendance fee, per quarter hour .......................................................................		£34.80
18.	Accounts
	(a)	To include framing, adjusting and lodging account	£208.80
	(b)	To include considering Notes of Objections, and generally preparing for taxation.	£208.80
	(c)	Attendance at taxation, per quarter hour	£34.80
19.	Ordering and obtaining extract ..............................................		£51.60
20.	Final procedure
	(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 ..........................................................	£261.35
	(b)	In any other case ...............................................	£79.00