law://uk/uksi/1987/366@2026-11-12| PART IV– OUTER HOUSE PETITIONS | |
|---|---|
| A. Unopposed petitions | |
| 1 Fee for all work, including precognitions and all copyings, up to and obtaining extract decree– | |
| a in the case of an Edinburgh solicitor acting alone | £133.00 |
| b in any other case | £185.60 |
| Outlays including duplicating charges to be allowed in addition. | |
| B. Opposed petitions | |
| 2 Fee for all work (other than precognitions)up to and including lodging petition, obtaining and executing warrant for service | £90.30 |
| Outlays including duplicating charges to be allowed in addition. | |
| 3 Where applicable, the fees set out in paragraphs 5, 6, 7, 10, 12, 14, 18, 19, 20 and 21 of Part V of this Chapter may be charged. | |
| 4 Reports– | |
| a For each report by Accountant of Court | £15.90 |
| b For any other report as under Part V, paragraph 6 of this Chapter. | |
| 5 Obtaining Bond of Caution | £15.90 |
| PART V– DEFENDED ACTIONS | |
| 1 Instruction fee | |
| a To cover all work (apart from precognitions) until lodgement of open record | £125.05 |
| b Instructing re-service where necessary | £13.40 |
| c If counter-claim lodged, additional fee for solicitor for each party | £26.35 |
| 2 Record fee | |
| a To cover all work in connection with adjustment and closing of record including subsequent work in connection with By Order Adjustment Roll | £133.00 |
| b To cover all work as above, so far as applicable, where action settled or disposed of before record closed | £82.85 |
| c If consultation held before record closed, additional fees may be allowed as follows:— | |
| i Arranging consultation | £13.40 |
| ii Attendance at consultation– per half hour | £10.90 |
| d Additional fee (to include necessary amendments) to the solicitors for the existing pursuer and each existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of | £39.20 |
| e Additional fee to the solicitors for existing pursuer and each existing defender, to be allowed for each pursuer, defender, or third party brought in after the record is closed, each of | £58.50 |
| 3 Procedure Roll or Debate Roll | |
| a Preparing for discussion and all work incidental thereto including instruction of counsel | £26.35 |
| b Attendance at court– per half-hour | £10.90 |
| c Advising and work incidental thereto | £19.85 |
| 4 Adjustment of issues and counter-issues | |
| a Fee to solicitor for pursuer to include all work in connection with and incidental to the lodging of an issue, and adjustment and approval thereof | £25.35 |
| b If one counter-issue, additional fee to solicitor for pursuer | £6.95 |
| c If more than one counter-issue, additional fee to solicitor for pursuer for each additional counter-issue | £3.00 |
| d Fee to solicitor for defender or third party for all work in connection with lodging of counter-issue and adjustment and approval thereof | £25.35 |
| e Fee to solicitor for defender or third party for considering issue where no counter-issue lodged | £6.95 |
| f Fee to solicitor for defender or third party for considering each additional counter-issue | £3.00 |
| 5 Precognitions | |
| Taking and drawing precognitions– per sheet | £12.90 |
| i In addition each solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself. | |
| ii Where a skilled witness prepares his own precognition or report the solicitor shall be allowed, for revising and adjusting it, half of the taking and drawing fee per sheet. | |
| 6 Reports obtained under order of court excluding auditor’s report | |
| a Fee for all work incidental thereto | £27.80 |
| b Additional fee per sheet of report to include all copies required (maximum £27.60) | £3.95 |
| 7 Specification of documents | |
| a Basic fee to cover instructing counsel, revising and lodging and all incidental procedures to obtain a diligence up to and including obtaining interlocutor | £26.35 |
| b Fee to opponent’s solicitor | £12.90 |
| c If commission executed, additional fee– per half hour | £10.90 |
| d If alternative procedure adopted, fee per person upon whom order served | £10.45 |
| 8 Commission to take evidence on interrogatories | |
| a Basic fee to solicitor applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories | £53.10 |
| b Basic fee to opposing solicitor if cross-interrogatories lodged | £42.70 |
| c Fee to opposing solicitor if no cross-interrogatories lodged | £15.90 |
| d Additional fee to solicitor for each party for completed interrogatories or cross-interrogatories, including all copies– per sheet | £3.95 |
| 9 Commission to take evidence on open commission | |
| a Basic fee to solicitor applying for commission up to and including lodging report of commission, but excluding attendance at execution thereof | £58.50 |
| b Basic fee to opposing solicitor | £26.35 |
| c Attendance at execution of commission– per half hour | £10.90 |
| 10 Miscellaneous motions where not otherwise covered by this Chapter | |
| a Where attendance of counsel and/or solicitor not required | £6.95 |
| b Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel– not exceeding half hour | £19.85 |
| c Thereafter attendance fee– per additional half hour | £10.90 |
| 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 | £74.45 |
| 12 Amendment of record | |
| a Amendment of conclusions only– fee to solicitor for pursuer | £19.85 |
| b Amendment of conclusions only– fee to solicitor for opponent | £6.95 |
| c Amendment of pleadings after record closed, where no answers to the amendment are lodged– fee to solicitor for proposer | £28.80 |
| d In same circumstances– fee to solicitor for opponent | £13.40 |
| e Amendment of pleadings after record closed where answers are lodged– fee for solicitor for each party lodging answers | £67.95 |
| f Fee for adjustment of minute and answers, where applicable, to be allowed in addition to solicitor for each party | £37.25 |
| 13 Preparation for trial or proof to include fixing consultation on the sufficiency of evidence and attendance thereat, fee-funding precept, adjusting minute of admissions, citing witnesses, all work checking and writing up process, and preparing for trial or proof | |
| a If action settled before trial or proof, or the trial or proof lasts only one day, to include, where applicable, instruction of counsel | £180.60 |
| b For each day or part of a day after the first, including instruction of counsel | £15.90 |
| c To cover preparing for adjourned diet and all work incidental as in (a), if diet postponed more than 5 days | £32.75 |
| 14 Copying | |
| Productions, reports of commissions, duplicate inventory, jury list, list of witnesses, Lord Ordinary’s opinion, etc.– as per Chapter I, paragraph 2. | |
| 15 Settlement by tender– fees for solicitor for either party | |
| a Basic fee for lodging, or for considering, first tender | £39.20 |
| b Fee for lodging, or for considering, each further tender | £26.35 |
| c Additional fee if tender accepted | £26.35 |
| 16 Extra-judicial settlement | |
| Fee inclusive of joint minute (not based on a judicial tender) | £67.95 |
| 17 Proof or trial | |
| Attendance fee– per half-hour | £10.90 |
| 18 Accounts– to include framing and lodging account, intimating diet, and attending taxation, uplifting account and noting and intimating taxations | £47.65 |
| 19 Ordering and obtaining extract | £9.95 |
| 20 Final procedure | |
| a If case goes to trial or proof, to include all work to close of litigation, so far as not otherwise provided for, including in particular settling with witnesses and procuring and booking verdict, or attendance at judgement | £53.10 |
| b If case disposed of before trial or proof | £15.90 |
| 21 Session fee– to cover communications with client and counsel | |
| a Where no correspondent– 7½% of total fees (including copying fees) allowed on taxation | |
| b Where correspondent involved– 10% of total fees (including copying fees) allowed on taxation. | |
| PART VI– INNER HOUSE BUSINESS | |
| 1 Reclaiming motions | |
| a Fee for solicitor for appellant for all work up to interlocutor sending case to roll | £39.20 |
| b Fee for solicitor for respondent | £19.85 |
| c Additional fee for solicitor for each party for every 50 pages of appendix | £16.40 |
| 2 Appeals from inferior courts | |
| a Fee for solicitor for appellant | £47.65 |
| b Fee for solicitor for respondent | £23.35 |
| c Additional fee for solicitor for each party for every 50 pages of appendix | £16.35 |
| 3 Summar or Short Roll | |
| a Preparing for discussion, instructing counsel, and preparing appendix | £39.20 |
| b Attendance fee– per half-hour | £10.90 |
| 4 Where applicable the fees set out in Part V of this Chapter may be charged. | |
| 5 Special cases and Inner House petitions | |
| According to circumstances of the case. | |
| 6 Obtaining Bond of Caution | £15.90 |
| PART VII– ADMIRALTY AND COMMERCIAL CASES, SEQUESTRATIONS IN BANKRUPTCY,APPLICATIONS FOR SUMMARY TRIAL UNDER SECTION 10 OF THE ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1933() AND CASES REMITTED FROM THE SHERIFF COURT. | |
| The fees shall be based on this Table of Fees according to the circumstances. |
| Actions | Percentage reduction |
|---|---|
| 1 Of a value from £50 to £250 | 25% |
| 2 Of a value of less than £50 | 50% |
| 3 For recovery of possession of heritable property | 50% |
| 4 Under the following enactments–i Tenancy of Shops (Scotland) Act 1949(); andii section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963() | 50% |
| CHAPTER IV–SUMMARY CAUSE | |
|---|---|
| Part I–Undefended actions | |
| 1 Fee, to include taking instructions, framing summons and statement of claim, obtaining warrant for service, serving, instructing service as necessary by sheriff officer (where appropriate), attendance endorsing minute for and obtaining decree in absence and extract decree and including posts and incidents | £29.25 |
| 2 Service | |
| a Citation by post wheresoever after the first citation for each party | £3.35 |
| b Framing and instructing service by advertisement– for each party | £9.40 |
| 3 Attendance at court | £9.40 |
| PART II– Defended actions | |
| 1 a Instruction fee for pursuer’s solicitor, to include taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for notice of intention to defend, attendance at first calling, noting defence | £40.25 |
| b Instruction fee for defender’s solicitor, to include taking instructions (including instructions for a counter-claim) and all work up to and including attendance at first calling and stating a defence– | |
| Such fee as appears to the auditor to provide reasonable remuneration for the work done but not to exceed the fee prescribed in sub-paragraph (a) above. | |
| 2 Service | |
| a Citation by post within the United Kingdom, Isle of Man, Channel Islands, or the Republic of Ireland– for each party | £3.35 |
| Citation by post elsewhere– for each party | £7.15 |
| b Instructing service or reservice by sheriff officer including persuing execution of citation and settling sheriff officer’s fee– for each party | £3.35 |
| c Framing and instructing service by advertisement– for each party | £10.45 |
| 3 Attendance at court | |
| Attendance at any diet except as otherwise specifically provided | £10.45 |
| 4 Preparing for proof, to include all work in connection with proof not otherwise provided for | £36.35 |
| 5 Fee to cover preparing for adjourned diet and all incidental work if diet postponed for more than 6 days– for each adjourned diet | £18.20 |
| 6 Drawing and lodging inventory of productions, lodging the productions specified therein and considering opponents' productions (to be charged once only in each process) | £15.45 |
| Where only one party lodges productions, opponent’s solicitor’s fee for considering same | £7.15 |
| 7 Precognitions | |
| Drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence– per witness | £15.45 |
| Where precognition exceeds 2 sheets– for each additional sheet | £7.15 |
| 8 Motions and minutes | |
| Fee to cover drawing, intimating and lodging of any written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court (except as otherwise provided in this Chapter)– | |
| a Where opposed | £22.05 |
| b Where unopposed (including for each party a joint minute or joint motion) | £13.25 |
| 9 Fee to cover considering opponent’s written motion or minute, excluding a minute or motion to recall decree, and relative attendance at court– | |
| a Where motion or minute opposed | £18.20 |
| b Where motion or minute unopposed | £10.45 |
| 10 Conduct of proof | |
| Fee to cover conduct of proof and debate on evidence taken at close of proof– per half hour | £10.45 |
| Waiting time– per half hour | £5.55 |
| 11 Settlements | |
| a Judicial tender– | |
| Fee for consideration of, preparing and lodging minute of tender | £22.05 |
| Fee for consideration and rejection of tenders | £15.45 |
| Fee on acceptance of tender– to include preparing and lodging, or consideration of, minute of acceptance and attendance at court when decree granted in terms thereof | £15.45 |
| Extra-judicial settlement– fee to cover negotiations resulting in settlement, framing or revising joint minute and attendance at court when authority interponed thereto | £36.35 |
| 12 Specification of documents | |
| a Fee to cover drawing, intimating and lodging specification of documents and relative motion and attendance at court | £18.20 |
| b Inclusive fee to opposing solicitor | £16.55 |
| c Fee to solicitor for each party for citation of havers, preparation for and attendance before commissioner– for each half hour | £10.45 |
| d If alternative procedure adopted, fee per person upon whom order served | £7.15 |
| 13 Commissions to take evidence | |
| a Fee to cover drawing, lodging and intimating motion and attendance at court– | |
| i Where opposed | £22.05 |
| ii Where unopposed | £13.25 |
| b Fee to cover considering such motion and attendance at court– | |
| i Where opposed | £18.20 |
| ii Where unopposed | £10.45 |
| c Fee to cover instructing commissioner and citing witness | £10.45 |
| d Fee to cover drawing and lodging interrogatories and cross-interrogatories– per sheet | £7.15 |
| e Attendance before commissioner– per hour | £9.95 |
| Travelling time– per hour | £6.65 |
| 14 Supplementary note of defence (when leave granted to lodge) | £7.15 |
| 15 Appeals | |
| Fee to cover instructions, marking of appeal or noting that appeal marked, noting of diet of hearing thereof and preparations for hearing | £49.65 |
| Fee to cover conduct of hearing– per half hour | £10.45 |
| 16 Final Procedure | |
| Fee to cover settling with witnesses, enquiries at avizandum, noting final interlocutor | £22.05 |
| Fee to cover drawing account of expenses, arranging, intimating and attending hearing on expenses, and obtaining approval of sheriff clerk’s report | £22.05 |
| Fee to cover considering opponent’s account of expenses and attendance at hearing on expenses | £10.45 |
| EXECUTRY BUSINESS | |
| CHAPTER V | |
| 1 Petition for decree dative | |
| Inclusive fee for taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publication, attendance at Court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition | £22.35 |
| 2 Restriction of Caution | |
| Inclusive fee for taking instructions to prepare petition, drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition | £22.35 |
| 3 Fees for other work shall be chargeable according to Chapter III. |
| CHAPTER I–JUNIOR COUNSEL | |
|---|---|
| PART I–UNDEFENDED ACTIONS OF DIVORCE OR SEPARATION-AFFIDAVIT PROCEDURE | |
| 1 Summons or other initiating writ | |
| a Subject to sub-paragraph (b) below the fees shall be– | |
| i Where the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976() are relied on | £21.00 |
| ii Where the facts set out in section 1(2)(a) (adultery) or section 1(2)(c) (desertion) of the said Act are relied on and the action is not straightforward | £21.00 |
| iii Where the facts set out in the said section 1(2)(a) (adultery) or section 1(2)(c) (desertion) are relied on and the action is straightforward | £17.00 |
| iv When the facts set out in section 1(2)(d) (2 years' non-cohabitation and consent) or 1(2)(e) (5 years' non-cohabitation) of the said Act are relied on | £17.00 |
| b Where common law interdict and/or any order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981() or any other ancillary order is also sought, the fee shall be within the following range:— | |
| From | £21.00 |
| To | £39.50 |
| 2 Minute | |
| a Minute involving arrangements for a child or children and/or financial provision | £16.00 |
| b Any other minute | £12.00 |
| 3 By Order Roll appearance | £12.00 |
| 4 All other work | |
| The fees specified in Part IV shall apply. | |
| PART II–CONSISTORIAL ACTIONS OTHER THAN THOSE TO WHICH PART I APPLIES | |
| 1 Summons or other initiating writ | |
| The fees specified in Part I shall apply. | |
| 2 Minute for pursuer relating to custody, aliment or access | £17.50 |
| 3 Defences or answers | |
| a Defences or answers in purely skeleton form to preserve rights of parties | £10.00 |
| b Answers to minute | £16.00 |
| c The fee for defences or answers to which sub-paragraphs (a) or (b) do not apply shall be within the following range:— | |
| From | £17.00 |
| To | £35.50 |
| 4 Joint minute regulating custody, aliment or access | |
| Framing or adjusting the minute | £15.50 |
| 5 By order roll appearance | £12.00 |
| 6 All other work | |
| The fees specified in Part IV shall apply. | |
| PART III–PETITIONS | |
| 1 Petition (including any revisals thereto) | |
| a Petition for interdict | £45.00 |
| b Other Outer House petitions | £29.50 |
| c Inner House petition: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work. | |
| 2 Answers (including any revisals thereto) | |
| a Petition for interdict | £45.00 |
| b Other Outer House petitions | £27.50 |
| c Inner House petitions: such fee shall be allowed as appears to the auditor to provide reasonable remuneration for the work. | |
| 3 All other work | |
| The fees specified in Part IV shall apply. | |
| PART IV–ORDINARY ACTIONS | |
| 1 Summons (including any revisals thereto) | |
| a Straightforward cases | £37.50 |
| b Other cases | £49.50 |
| 2 Defences (including any revisals thereto) | |
| a Where in purely skeleton form to preserve rights of parties | £10.00 |
| b Otherwise the fee shall be within the following range, having regard to nature of summons:— | |
| From | £37.50 |
| To | £49.50 |
| 3 Adjustment of record | |
| a Adjustment fee (each occasion) | £16.00 |
| b Additional adjustment fee, where skeleton defences require to be amplified, where additional parties are introduced, etc. | £37.50 |
| 4 Specification of documents | |
| Standard calls only | £16.00 |
| 5 Minutes, etc. | |
| a Formal amendments or answers | £14.50 |
| b Amendments or answers other than formal | £25.50 |
| c Revising and signing tender or acceptance | £6.00 |
| d Note of exceptions | £16.00 |
| e Abandonment, sist, restriction, etc. | £7.50 |
| f Issue or counter issue | £7.50 |
| 6 Notes | |
| a Note on quantum only | £39.50 |
| b Note advising on tender or extra-judicial offer, where not merely confirming advice at consultation | £45.00 |
| c Note on line of evidence | £45.00 |
| d The fee for other types of note shall be within the following range:— | |
| From | £15.50 |
| To | £45.00 |
| 7 Consultations | |
| a Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion– | |
| i Junior alone | £55.00 |
| ii Junior with Senior | £29.50 |
| b Other consultations– | |
| i Junior alone | £45.00 |
| ii Junior with Senior | £25.50 |
| 8 Motions | |
| a Unopposed motions on By Order (Adjustment) Roll, etc. | £7.50 |
| b Opposed motions:— | |
| Attendance for up to half hour | £16.00 |
| Attendance for each subsequent half hour or part thereof | £12.00 |
| c Motions on By Order Roll (including advice) | £14.50 |
| 9 Procedure Roll, proof or jury trial | |
| a Junior alone– per day | £163.50 |
| b Junior with Senior– per day | £124.00 |
| 10 Inner House | |
| a Single Bills | |
| i Unopposed | £12.00 |
| ii Opposed– | |
| Attendance for each half hour or part thereof | £17.50 |
| b Reclaiming motion | |
| i Junior opening or appearing alone– per day | £173.50 |
| ii Junior otherwise– per day | £134.00 |
| c Motion for new trial | |
| i Junior alone– per day | £173.50 |
| ii Junior with Senior– per day | £134.00 |
| 11 Attendance at judgement | |
| a Outer House | £14.50 |
| b Inner House | £17.50 |
| CHAPTER II–SENIOR COUNSEL CONSISTORIAL ACTIONS, PETITIONS AND ORDINARY ACTIONS | |
| 1 Revisal of pleadings | |
| a Revisal of summons, defences, petition or answers | £65.00 |
| b Adjustment fee (open record) (each occasion) | £25.50 |
| 2 Minutes, etc.– revisal fees | |
| a Amendments (other than formal) or answers | £27.50 |
| b Admissions, tender or acceptance (in appropriate cases) | £7.50 |
| c Note of exceptions | £7.50 |
| 3 Notes | |
| a Note on quantum only | £59.50 |
| b Advice on tender or extra-judicial offer where not merely confirming advice at consultation | £65.00 |
| c Note on line of evidence (revisal) | £65.00 |
| d The fee for other notes shall be within the following range:— | |
| From | £20.00 |
| To | £65.00 |
| 4 Consultations | |
| a Before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion | £79.00 |
| b Other consultations | £65.00 |
| 5 Day in court | |
| a Inner House– per day | £233.00 |
| b Outer House– per day | £217.50 |
Contains public sector information licensed under the Open Government Licence v3.0.