the court of session etc. fees amendment order 2008document generated: 2017-08-01 status: this is...

Status: This is the original version (as it was originally made). Thisitem of legislation is currently only available in its original format.

SCOTTISH STATUTORY INSTRUMENTS

2008 No. 236

COURT OF SESSION

The Court of Session etc. Fees Amendment Order 2008

Made - - - - 6th June 2008Laid before the ScottishParliament - - - - 6th June 2008

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2of the Courts of Law Fees (Scotland) Act 1895(1) and all other powers enabling them to do so.

Citation and commencement

1.—(1) This Order may be cited as the Court of Session etc. Fees Amendment Order 2008 and,subject to paragraphs (2) and (3), shall come into force on 1st August 2008.

(2) Article 2(2)(b) and Schedule 2 shall come into force, and article 2(2)(a) and Schedule 1 shallcease to have effect, on 1st April 2009.

(3) Article 2(2)(c) and Schedule 3 shall come into force, and article 2(2)(b) and Schedule 2 shallcease to have effect, on 1st April 2010.

Amendment of the Court of Session etc. Fees Order 1997

2.—(1) The Court of Session etc. Fees Order 1997(2) shall be amended in accordance with thefollowing paragraph.

(2) The Table of Fees in Schedule 1(3) shall be substituted by–(a) the Table of Fees in Schedule 1 to this Order on 1st August 2008;(b) the Table of Fees in Schedule 2 to this Order on 1st April 2009; and(c) the Table of Fees in Schedule 3 to this Order on 1st April 2010.

(1) 1895 c. 14; section 2 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12),section 4, and modified by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I.1999/1820), articles2(1) and 4 and Schedule 2 Part I, paragraph 9, and Part IV. The functions of the Secretary of State were transferred to theScottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2) S.I. 1997/688 as amended by S.I. 1999/755 and S.S.I. 2002/270 and 2007/319.(3) Schedule 1 to the Court of Session etc. Fees Order 1997 was substituted by S.S.I. 2002/270, article 2(3) and 2007/319, article

2(4).

http://www.legislation.gov.uk/id/ukpga/1895/14


http://www.legislation.gov.uk/id/uksi/1999/1820




http://www.legislation.gov.uk/id/ssi/2002/270




Document Generated: 2017-08-01Status: This is the original version (as it was originally made). Thisitem of legislation is currently only available in its original format.

St Andrew’s House,Edinburgh6th June 2008

KENNY MACASKILLA member of the Scottish Executive

2


SCHEDULE 1 Article 2(2)(a), as read with article 1

TABLE OF FEES

Fees payable from 1st August 2008

Column 1 Column 2 Column 3(Matters) (Fee payable) (Fee formerly payable(4))

£ £PART I – FEES IN THECENTRAL OFFICE OF THECOURT

A. SIGNETING

Signeting of any writ orsummons, if attendance isnecessary outwith the normaloffice hours

100 70

B. GENERALDEPARTMENT

1. Appeal, summons, orother writ or step by which anycause or proceeding, other thana family action, is originated ineither the Inner or Outer House– fee (to comprehend signetingin normal office hours)

170 120

2. Defences, answers orother writ (including a jointminute) or step in process orenrolment or opposition to amotion in a pending processby which a party other thanan originating party first makesan appearance in a course orproceeding other than a familyaction

170 120

3. Writ by which a familyaction is originated (otherthan a simplified divorce ordissolution of a civil partnershipapplication) – inclusive fee (tocomprehend signeting withinnormal office hours and, ifapplicable, issue to the pursuerof an extract in terms of itemG5(a) of this Table, and to the

130 92

(4) Column 3 shows the fees which were payable under S.S.I. 2007/319 immediately before the coming into force of thisSchedule. Where there is no entry in column 3 but an entry in column 2, the matter is new or has been amended such thatno direct comparison can be made with the fee formerly payable.

3




£ £defender, if appropriate, of aduplicate thereof)

4. Simplified divorce ordissolution of a civil partnershipapplication (inclusive of allprocedure other than thatspecified in item B5 of thisTable)

100 70

5. In relation to a simplifieddivorce or dissolution of acivil partnership application,citation of any persons underrule 16.1(1)(a)(i), (ii) or (iii),as applied by rule 49.76, of theRules of Court, or intimationto any person or persons underrule 16.1(1)(a)(i), (ii) or (iii), asapplied by rule 49.76, of thoseRules, where such intimation isrequired.

Charge of the sheriff officer toserve document plus £10


6. Defences, answers orother writ (including a jointminute) or step in process orenrolment of or opposition toa motion in a pending processby which a party other thanan originating party first makesappearance in a family action

130 92

7. Fee for initial lodgingof affidavits in a familyaction where proof by affidavitevidence has been allowed

55 40

8. Special case–

For each party 85 60

Maximum fee payable per case 345 243

9. Application by minute ormotion for variation of an orderin a family action

30 21

10. Answers or oppositionto an application under item B9of this Table

30 21


4




£ £11. Letter of request to a

foreign court45 31

12. Citation of each jury,to include outlays incurredin citing and countermanding– payable on receipt ofinstruments for issue of precept

240 168

13. Reclaiming motion –fee payable by party enrollingmotion

170 120

14. Closed record – feepayable by each party on thelodging of the closed recordor, where no closed record islodged, when mode of enquiryis determined

85 60

15. Allowing proof, etc. –fee payable by each partyon diet of proof, jury trial,procedure roll or summar rollhearing being allowed

45 32

16. For the items in B17 toB25 the fee is payable by eachparty appearing at the hearingafter first 30 minutes or partthereof–

— For every 30 minutes orpart thereof

17. Proof or Procedure Roll(B16 applies)

40 18

18. Summar Roll (B16applies)

40 18

19. Jury Trial (B16 applies) 40 18

20. Outer House hearing(other than Proof or ProcedureRoll, Jury Trial, Motion Rollhearing or hearings out ofhours) (B16 applies)

40 18

21. Inner House hearing(other than Summar Roll,Single Bills hearing or hearingsout of hours) (B16 applies)

95 37


5




£ £22. Motion Roll hearing

(B16 applies)40 18

23. Single Bills hearing(B16 applies)

95 37

24. Outer House hearingsout of hours (B16 applies)

55 37

25. Inner House hearingsout of hours (B16 applies)

120 37

26. Fee payable by any partyenrolling a motion or making amotion orally at the bar and anyparty opposing any such motion

45 31

C. PETITION DEPARTMENT

1. Petition of whatevernature presented to Inner orOuter House other than apetition under item C3 or C4 ofthis Table, whether in respect ofthe first or any subsequent stepof process, and any applicationfor registration or recognitionof a judgment under the CivilJurisdiction and Judgments Act1982(5)

170 120

2. Additional fee payablewhen a petition in terms of itemC1 of this Table is presentedoutwith normal office hours

100 70

3. Petition to be admitted asa notary public:

For each applicant 130 90

4. Petition to be admitted asa solicitor:


5. Answers, objection orother writ (including a jointminute) or step in process orenrolment or opposition to amotion in a pending process

170 120


(5) 1982 c. 27.6





£ £by which a party other thanan originating party first makesappearance in a proceeding towhich item C1 of this Tableapplies

6. Caveat 45 31

7. Fiat 45 31

8. Registering officialcopies of orders of courts inEngland and Wales or NorthernIreland

15 11

9. Issue of an abbreviate insequestration

15 11


170 120

11. Closed record – feepayable by each party on thelodging of the closed recordor, when no closed record islodged, when mode of enquiryis determined

85 60

12. Allowing proof, etc. –fee payable by each party ondiet of proof, procedure roll,summar roll or judicial reviewhearing being allowed

45 32

13. Registering orders forenforcement under section 426of the Insolvency Act 1986(6)

15 11

14. For the items in C15 toC23 the fee is payable by eachparty appearing at the hearingafter first 30 minutes or partthereof–


40 18

15. Proof or Procedure Roll(C14 applies)

40 18


(6) 1986 c. 45.7





£ £16. Summar Roll (C14

applies)40 18

17. Jury Trial (C14 applies) 40 18

18. Outer House hearing(other than Proof or ProcedureRoll, Jury Trial, Motion Rollhearing or hearings out ofhours) (C14 applies)

40 18

19. Inner House hearing(other than Summar Roll,Single Bills hearing or hearingsout of hours) (C14 applies)

95 37

20. Motion Roll hearing(C14 applies)

55 18

21. Single Bills hearing(C14 applies)

95 37

22. Outer House hearingsout of hours (C14 applies)

55 37

23. Inner House hearingsout of hours (C14 applies)

120 37

24. Fee payable by any partyenrolling a motion or making amotion orally at the bar; and anyparty opposing any such motion

45 31

25. Lodging of notice ofappointment or intention toappoint an administrator out ofcourt under the Insolvency Act1986

170 120

D. COURT FOR HEARINGAPPEALS RELATING TOTHE REGISTRATION OFELECTORS

Appeal – inclusive fee 170 120

E. ELECTION COURT

1. Parliamentary electionpetition

170 120

2. Statement of matters 15 11

3. Any other petition,application, answers or

45 31


8




£ £objections submitted to thecourt

4. Certificate of judgement 45 31

F. LANDS VALUATIONAPPEAL COURT

1. Appeal – inclusive fee 170 120

2. Answers – inclusive fee 170 120

G. EXTRACTSDEPARTMENT

1. Extract decree followingupon a summons, petition orappeal, or after protestation of anote, and whether in absence orotherwise

45 33

2. Extract of admission as asolicitor

40 29

3. Extract of protestation 40 29

4. Certificate under the CivilJurisdiction and Judgments Act1982

40 29

5. Documentationevidencing divorce, nullity ordissolution of marriage or civilpartnership:

(a) (a) Extract fromConsistorial Registerof Decrees of decreepronounced on orafter 23rd September1975 if not issued interms of item B3 orB4 of this Table

25 17

(b) (b) Certificateof divorce in decreepronounced prior to23rd September 1975

25 17

(c) (c) Certified copyinterlocutor in decreepronounced prior to23rd September 1975

25 17


9




£ £6. Extract from the Register

of Acts and Decrees – per sheetor part thereof

25 17

7. Sealing and certifyingany document for exhibitionin a foreign jurisdiction orotherwise

25 17

8. Acknowledgement ofreceipt of a notice undersection 19(6) or 21(2) ofthe Conveyancing and FeudalReform (Scotland) Act 1970(7)

40 29

9. Acknowledgement ofreceipt of an offer undersection 9 of the ConveyancingAmendment (Scotland) Act1938(8)

40 29

PART II – FEES INTHE OFFICE OF THEACCOUNTANT OF COURT

H. OFFICE OF THEACCOUNTANT OF COURT

I. In Factories

1. For registering case andreceiving and delivering upbond of caution–

(a) (a) in Court ofSession appointments

30 29

(b) (b) in SheriffCourt appointments

20 19

2. For examining factor’sinventory – 0.333% of the valueof the estate as disclosed

(a) (a) minimum feepayable

20 21

(b) (b) maximum feepayable

575 530


(7) 1970 c. 35.(8) 1938 c. 24; section 9 was amended by the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), section 46, and by

the Land Tenure Reform (Scotland) Act 1974 (c. 38), section 13.10








£ £3. For auditing each

account–

(a) (a) basic fee 10 11

(b) (b) additionalpercentage fee on thefactor’s commissionas fixed (orwhat would havebeen the factor’sfull commission ifchargeable or fullyallowed)

17.5% 17.5%

4. For reporting redischarge, special powers or onother special matters

105 95

5. For report on scheme ofdivision

105 95

6. For certificate under seal 25 21

II. In Consignations

7. For lodging consignation 15 16

8. For producing ordelivering up consignation–


(b) (b) additional feefor every £100 or partthereof uplifted

1 1

(c) (c) maximum feepayable

60 55

III. Liquidations

9. For uplifting bond ofcaution

5 5

PART III – FEES IN THEOFFICE OF THE AUDITOROF THE COURT OFSESSION

I. OFFICE OF THEAUDITOR OF THE COURTOF SESSION


11




£ £1. Taxing accounts of

expenses incurred injudicial proceedings (includingproceedings in the High Courtof Justiciary) remitted to theAuditor of the Court of Sessionfor taxation:

(a) (a) Auditor’s feeon lodging accountfor taxation

34 34

(b) (b) Auditor’s feefor taxing accountsfor expenses etc.

(i) up to £400 18 18

(ii) for every additional £100or part thereof

5 5

Note: fee to be determined bythe Auditor of the Court ofSession on amount of accountas submitted

2. Fee for assessing accountremitted to the Auditorto determine whether anadditional fee should be paid

226 226

3. Fee for cancellation ofdiet of taxation–

(a) (a) where writtennotice of cancellationreceived by receivingparty after 4.00 pmon the fourth workingday prior to the diet oftaxation

50% of fee that would havebeen payable under item I1(b)of this Table


(b) (b) where writtennotice of cancellationreceived by receivingparty after 4.00 pmon the working daybefore or the day ofthe diet of taxation



PART IV – FEES COMMONTO ALL OFFICES


12




£ £J. MISCELLANEOUS

1. Certified copy ofproceedings for appeal to theHouse of Lords

170 120

2. Certifying of any otherdocument (plus copyingcharges if necessary)

15 11

3. Recording, extracting,engrossing or copying– alldocuments (exclusive of searchfee)–

(a) (a) Copying ofeach document up to10 pages

5 –

for each page or part thereof(in excess of 10 pages)

0.50 0.20

(b) (b) Copy of eachdocument copied toCD or in electronicform

5 3

4. Searches – for any searchof records or archives:

(a) (a) Up to 30minutes

15 11

(b) (b) For more than30 minutes up to 2hours

35 29

(c) (c) For eachadditional 30 minutes(in excess of 2 hours)

10 8

(d) (d) In addition,correspondence feewhere applicable

10 8

5. Captions:

(a) (a) Markingcaption when ordered

10 6

(b) (b) Warrant forcaption when issued

10 6


13



SCHEDULE 2 Article 2(2)(b), as read with article 1

TABLE OF FEES

Fees payable from 1st April 2009



A. SIGNETING


100 100



175 170

2. Defences, answers orother writ (including a jointminute) or step in process orenrolment or opposition to amotion in a pending processby which a party other thanan originating party first makesan appearance in a course orproceeding other than a familyaction

175 170

3. Writ by which a familyaction is originated (otherthan a simplified divorce ordissolution of a civil partnershipapplication) – inclusive fee (tocomprehend signeting withinnormal office hours and, ifapplicable, issue to the pursuerof an extract in terms of itemG5(a) of this Table, and to the

135 130

(9) Column 3 shows the fees which were payable in Schedule 1 to this Order immediately before the coming into force of thisSchedule. Where there is no entry in column 3 but an entry in column 2, the matter is new or has been amended such thatno direct comparison can be made with the fee formerly payable.

14



£ £defender, if appropriate, of aduplicate thereof)


100 100





135 130


60 55

8. Special case–




30 30


30 30


15



£ £11. Letter of request to a

foreign court45 45


245 240


175 170


85 85


45 45




45 40


45 40

19. Jury Trial (B16 applies) 45 40


45 40


95 95


16



£ £22. Motion Roll hearing

(B16 applies)45 40


95 95


55 55


120 120


45 45



175 170


100 100

3. Petition to be admitted asa notary public:




5. Answers, objection orother writ (including a jointminute) or step in process orenrolment or opposition to amotion in a pending process

175 170


(10) 1982 c. 27.17




£ £by which a party other thanan originating party first makesappearance in a proceeding towhich item C1 of this Tableapplies

6. Caveat 45 45

7. Fiat 45 45


15 15


15 15


175 170


85 85


45 45

13. Registering orders forenforcement under section 426of the Insolvency Act 1986(11)

15 15



45 40


45 40


(11) 1986 c. 45.18




£ £16. Summar Roll (C14

applies)45 40



45 40


95 95


55 55


95 95


55 55


120 120


45 45

25. Lodging of notice ofappointment or intention toappoint an administrator out ofcourt under the Insolvency Act1986

175 170



E. ELECTION COURT


175 170


3. Any other petition,application, answers or

45 45


19



£ £objections submitted to thecourt







50 45


40 40



40 40


(a) (a) Extract fromConsistorial Registerof Decrees of decreepronounced on orafter 23rd September1975 if not issued interms of item B3 orB4 of this Table

25 25


25 25


25 25


20



£ £6. Extract from the Register

of Acts and Decrees – per sheetor part thereof

25 25


25 25

8. Acknowledgement ofreceipt of a notice undersection 19(6) or 21(2)of the Conveyancing andFeudal Reform (Scotland) Act1970(12)

40 40


40 40



I. In Factories

1. For registering case andreceiving and delivering upbond of caution–


30 30


20 20



20 20










£ £(b) (b) maximum fee

payable590 575

3. For auditing eachaccount–



17.5% 17.5%


105 105


105 105






(b) (b) additional feefor every £100 or partthereof uplifted

1 1


60 60

III. Liquidations


5 5



22



£ £I. OFFICE OF THEAUDITOR OF THE COURTOF SESSION

1. Taxing accounts ofexpenses incurred injudicial proceedings (includingproceedings in the High Courtof Justiciary) remitted to theAuditor of the Court of Sessionfor taxation:


35 34


(i) up to £400 20 18


5 5



230 226

3. Fee for cancellation ofdiet of taxation–




(b) (b) where writtennotice of cancellationreceived by receivingparty after 4.00 pmon the working day




23



£ £before or the day ofthe diet of taxation


J. MISCELLANEOUS


175 170


15 15



5 5

for each page or partthereof (in excess of 10pages)

0.50 0.50


5 5


(a) (a) Up to 30minutes

15 15


35 35


10 10


10 10

5. Captions:


24



£ £(a) (a) Marking

caption when ordered10 10


10 10

SCHEDULE 3 Article 2(2)(c), as read with article 1

TABLE OF FEES

Fees payable from 1st April 2010



A. SIGNETING


105 100



180 175

2. Defences, answers orother writ (including a jointminute) or step in process orenrolment or opposition to amotion in a pending processby which a party other thanan originating party first makes

180 175



25



£ £an appearance in a course orproceeding other than a familyaction

3. Writ by which a familyaction is originated (otherthan a simplified divorce ordissolution of a civil partnershipapplication) – inclusive fee (tocomprehend signeting withinnormal office hours and, ifapplicable, issue to the pursuerof an extract in terms of itemG5(a) of this Table, and to thedefender, if appropriate, of aduplicate thereof)

140 135


105 100





140 135


60 60


26



£ £8. Special case–




30 30


30 30

11. Letter of request to aforeign court

45 45


250 245


180 175


90 85


50 45




45 45


45 45


27



£ £19. Jury Trial (B16 applies) 45 45


45 45


100 95

22. Motion Roll hearing(B16 applies)

45 45


100 95


55 55


125 120


45 45



180 175


105 100


(15) 1982 c. 27.28




£ £3. Petition to be admitted as

a notary public:




5. Answers, objection orother writ (including a jointminute) or step in process orenrolment or opposition to amotion in a pending processby which a party other thanan originating party first makesappearance in a proceeding towhich item C1 of this Tableapplies

180 175

6. Caveat 45 45

7. Fiat 45 45


15 15


15 15


180 175


90 85


50 45


29



£ £13. Registering orders for

enforcement under section 426of the Insolvency Act 1986(16)

15 15



45 45


45 45

16. Summar Roll (C14applies)

45 45



45 45


100 95


55 55


100 95


55 55


125 120


45 45

25. Lodging of notice ofappointment or intention toappoint an administrator out of

180 175


(16) 1986 c. 45.30




£ £court under the Insolvency Act1986



E. ELECTION COURT


180 175


3. Any other petition,application, answers orobjections submitted to thecourt

45 45







50 50


45 40



45 40


(a) (a) Extract fromConsistorial Register

25 25


31



£ £of Decrees of decreepronounced on orafter 23rd September1975 if not issued interms of item B3 orB4 of this Table


25 25


25 25

6. Extract from the Registerof Acts and Decrees – per sheetor part thereof

25 25


25 25

8. Acknowledgement ofreceipt of a notice undersection 19(6) or 21(2)of the Conveyancing andFeudal Reform (Scotland) Act1970(17)

45 40


45 40



I. In Factories










£ £1. For registering case and

receiving and delivering upbond of caution–


35 30


20 20



25 20

(b) (b) maximum feepayable

610 590

3. For auditing eachaccount–



17.5% 17.5%


110 105


110 105







33



£ £(b) (b) additional fee

for every £100 or partthereof uplifted

1 1


65 60

III. Liquidations


5 5


I. OFFICE OF THEAUDITOR OF THE COURTOF SESSION

1. Taxing accounts ofexpenses incurred injudicial proceedings (includingproceedings in the High Courtof Justiciary) remitted to theAuditor of the Court of Sessionfor taxation:


35 35


(i) up to £400 20 20


5 5



240 230


34



£ £3. Fee for cancellation of

diet of taxation–




(b) (b) where writtennotice of cancellationreceived by receivingparty after 4.00 pmon the working daybefore or the day ofthe diet of taxation




J. MISCELLANEOUS


180 175


15 15



5 5

for each page or partthereof (in excess of 10pages)

0.50 0.50


5 5



35



£ £(a) (a) Up to 30

minutes15 15


35 35


10 10


10 10

5. Captions:

(a) (a) Markingcaption when ordered

10 10


10 10

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Court of Session etc. Fees Order 1997, which was last amended on 16th July2007 by the Court of Session etc. Fees Amendment Order 2007 (S.S.I. 2007/319).The Order specifies new fee levels payable to the Principal Clerk of Session, to the Accountant ofCourt and to the Auditor of Court of Session or to any officer acting for any of them in relation toproceedings in the Court of Session.The average increase in the level of fees in 2008 is 49%, and in 2009 and 2010 is 3% in each of thoseyears. The fees in the Table of Fees in Schedule 1 to this Order are payable from 1st August 2008and replace fees applicable from 16th July 2007. The fees in the Table of Fees in Schedule 2 to thisOrder are payable from 1st April 2009 and replace the fees applicable from 1st August 2008. Thefees in the Table of Fees in Schedule 3 to this Order are payable from 1st April 2010 and replacethe fees applicable from 1st April 2009.


36


the court of session etc. fees amendment order 2008document generated: 2017-08-01 status: this is...

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