Publication - Consultation paper

Consultation on Scottish Court Fees

Published: 20 July 2016
Directorate: Legal Services (Solicitor to the Scottish Government)
Part of: Law and order
ISBN: 9781786523648

Consultation setting out proposals on two options to raise fees across the various Scottish courts.

Annex A

Proposed fees for the sheriff courts, Court of Session, High Court, and justice of the peace courts

	Court of Session	Current fee w.e.f. 1.04.2016 £	Revised fee w.e.f. 8.11.2016 £
A	Signeting
A1	Signeting of any writ or summons if attendance is necessary out with the normal office hours	125	155
B	General Department
B1	Appeal, application for leave to appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House (to include signeting in normal hours)	214	266
B2	Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a cause or proceeding, other than a family action	214	266
B3	Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) - inclusive fee (to include signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, a duplicate extract thereof)	166	206
B4	Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)	125	155
B5	In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required	£12 plus Messenger at Arms fee to serve document	£15 plus Messenger at Arms fee to serve document
B6	Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action	166	206
B7	Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed	71	88
B8	Special Case
	- For each party	107	133
	- Maximum fee payable (per case)	435	539
B9	Application by minute or motion for variation of an order in a family action	36	45
B10	Answers or opposition to an application under item B9 of this Table	36	45
B11	Letter of request to a foreign court	54	67
B12	Citation of each jury, to include outlays incurred in citing and countermanding - payable on receipt of instruments for issue of precept	298	370
B13	Reclaiming motion - payable by party enrolling motion	214	265
B14	Closed record - payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined	107	133
B15	Allowing proof etc. - payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed	59	73
B16	Court hearing (other than motion roll or single bill) (in normal hours) before a single judge -payable by each party for every 30 minutes or part thereof	96	119
B17	Court hearing (in normal hours) before 3 or more judges - payable by each party for every 30 minutes or part thereof	239	296
B18	Court hearing (other than motion roll or single bill) (out of hours) before a single judge - payable by each party for every 30 minutes of part thereof	115	142
B19	Court hearing (out of hours) before 3 or more judges - payable by each party for every 30 minutes or part thereof	287	356
B20	Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date - fee payable is shared equally between the parties	50% of fee that would have been payable under this table had the court hearing taken place as planned	50% of fee that would have been payable under this table had the court hearing taken place as planned
B21	Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion	54	67
C	Petition Department
C1	Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982.	214	265
C2	Additional fee payable when a petition, in terms of item C1 of this Table is presented out with normal office hours	125	155
C3	Petition to be admitted as a notary public - for each applicant	161	199
C4	Petition to be admitted as a solicitor - for each applicant	161	199
C5	Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies	214	265
C6	Caveat	48	60
C7	Fiat	No fee	No fee
C8	Registering official copies of orders of courts in England and Wales or Northern Ireland	18	22
C9	Reclaiming motion - payable by party enrolling motion	214	265
C10	Closed record - payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined	107	133
C11	Allowing proof etc. payable by each party on diet of proof, procedure roll, summary roll or judicial review hearing being allowed	59	73
C12	Court hearing (other than motion roll or single bill) (in normal hours) before a single judge - payable by each party for every 30 minutes or part thereof	96	119
C13	Court hearing (in normal hours) before 3 or more judges - payable by each party for every 30 minutes or part thereof	239	297
C14	Court hearing (other than motion roll or single bill) (out of hours) before a single judge - payable by each party for every 30 minutes of part thereof	115	142
C15	Court hearing (out of hours) before 3 or more judges - payable by each party for every 30 minutes or part thereof	287	356
C16	Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date - fee payable is shared equally between parties	50% of fee that would have been payable under this table had the court hearing taken place as planned	50% of fee that would have been payable under this table had the court hearing taken place as planned
C17	Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion	54	67
C18	Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986	214	265
D	Court for hearing appeals relating to the registration of electors
D1	Appeal - inclusive fee	214	265
E	Election Court
E1	Parliamentary election petition	214	265
E2	Statement of matters	18	22
E3	Any other petition, application, answers or objections submitted to the court	54	67
E4	Certificate of judgement	54	67
F	Lands Valuation Appeal Court
F1	Appeal - inclusive fee	214	265
F2	Answers - inclusive fee	214	265
G	Extracts Department
G1	Extract decree following upon a summons, petition or appeal, or after protestation of a note, whether in absence or otherwise	59	73
G2	Extract of admission as a solicitor	54	67
G3	Extract of protestation	54	67
G4	Certificate under the Civil Jurisdiction and Judgments Act 1982	54	67
G5	Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership including:	30	37
	(a) Extract from Consistorial Register of Decrees of decree pronounced on or after 23.9.75 if not issued at B3 or B4 of this Table
	(b) Certificate of divorce in decree pronounced prior to 23.9.75
	(c) Certified copy interlocutor in decree pronounced prior to 23.9.75
G6	Extract from the Register of Acts and Decrees - per sheet or part thereof	30	37
G7	Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise	30	37
G8	Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970	54	67

	Part II - Fees in the Office of the Accountant of Court	Current fee w.e.f. 1.04.2016 £	Proposed Fee £
H	Office of the Accountant of Court
	I. In Factories
H1	1. Registering case and receiving and delivering up bond of caution.	22	27
H2	2. Examining factor's inventory - 0.333% of the value of the estate as disclosed
	(a) minimum fee payable;	30	37
	(b) maximum fee payable.	721	894
H3	3. Auditing each account, based on estate value-
	(a) £0 - £30,000;	112	139
	(b) £30,001 - £50,000;	225	279
	(c) £50,001 - £250,000;	562	697
	(d) £250,001 - £500,000;	845	1,048
	(e) £500,001 and above.	1,126	1,396
H4	4. Reporting with regard to discharge, special powers, other special matters, surplus estate or scheme of division.	56	69
H5	5. For certificate under seal.	17	21
	II. In Consignations
H6	6. Lodging consignation.	32	40
	7. Producing or delivering up consignation, based on consignation value-
	(a) consignation value £0 - £50 and less than 7 years since lodged;	No charge	No charge
	(b) consignation value over £51 and less than 7 years since lodged;	32	40
	(c) consignation value £0 - £70 and over 7 years since lodged;	No charge	No charge
	(d) consignation value over £71 and over 7 years since lodged.	53	66

I	Part III - Fees in the office of the Auditor of the Court of Session	Current fee w.e.f. 1.04.2016 £	Revised fee w.e.f. 8.11.2016 £
I1	Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation-
	(a) On lodging account for taxation	43	52
	(b) Taxing accounts for expenses etc. -
	(i) up to £400	20	25
	(ii) for every additional £100 or part thereof	5	6
	(Note: fee to be determined by the Auditor of the Court of Session on amount of account as submitted)
I2	Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid	287	356
I3	Fee for Cancellation of diet of taxation -
	(a) where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of the diet of taxation; 50% of fee that would be payable under item I1(b) of this table 50% of fee that would be payable under item I1(b) of this table	50% of the fee that would be payable under item I1(b) of this Table	50% of the fee that would be payable under item I1(b) of this Table
	(b) where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation	75% of the fee that would be payable under item I1(b) of this Table	75% of the fee that would be payable under item I1(b) of this Table

J	Part IV - Fees common to all offices	Current fee w.e.f. 1.04.2016 £	Revised fee w.e.f. 8.11.2016 £
J1	Certified copy of proceedings for appeal to the Supreme Court	214	265
J2	Certifying of any other document (plus copying charges if necessary)	18	22
J3	Recording, extracting, engrossing or copying- all documents (exclusive of search fee)-
	(a) copying of each document up to 10 pages	6	7
	(b) for each further page or part thereof	0.5	0.5
	(c) copy of each document in electronic form	6	7
J4	Any search of records or archives,
	- per 30 minutes or part thereof	12	15
	(a) Up to 30 minutes	withdrawn	withdrawn
	(b) For more than 30 minutes up to 2 hours)	withdrawn	withdrawn
	(c) Each additional 30 minutes in excess of 2 hours	withdrawn	withdrawn
	(d) In addition, correspondence fee where applicable	12	15
J5	Captions
	(a) Marking caption when ordered	12	15
	(b) Warrant for caption when issued	12	15
J6	Change of party name where more than 10 cases are registered - per case	2	2

Sheriff Appeal Court		Current fee w.e.f. 1.04.2016 £	Revised fee w.e.f. 8.11.2016 £
1	Lodging or opposing a motion	48	60
2	Fixing a hearing date	54	67
3	Lodging an Appeal (from summary cause procedure)	59	73
4	Lodging an Appeal (from ordinary cause procedure), lodging a closed record	113	141
5	Hearing Fee per day or part thereof (bench of 1)	227	282
6	Hearing Fee per day or part thereof (bench of 3)	568	705
	Information Services
7	Copying of -
	a) Each document up to 10 pages	6	7
	b) Each further page or part thereof (in excess of 10 pages)	0.50	0.50
	c) Each document in electronic form	6	7
8	Any searches of record or archives:
	a) Per 30 minutes or part thereof	12	15
	b) In addition, correspondence fee where applicable	12	15

Sheriff court		Current fee w.e.f. 1.04.2016 £	Revised fee w.e.f. 8.11.2016 £
Part I Commissary proceedings
1	Petition for a) appointment of executor; b) restriction of caution; c) special warrant; d) sealing up of repositories or the like; e) appointment of commissary factor. (Note: fee includes issue of extract decree)	18	22
2	Sealing up repositories or the like, per hour	30	37
3	(a) Receiving and examining inventory of estate, except where sub paragraph (b)or (c) of this paragraph applies -
	(i) Where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed -
	£5,000 (Note: policy position is that no charge applies on low value estates)	0	0
	£50,000	225	280
	(ii) Where the amount of the estate exceeds £50,000	225	280
	(b) Receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa	225	280
	(c) Receiving and examining inventory of estate where it is declared that confirmation is not required (If confirmation is subsequently required, the remaining 50% of the fees specified in 3(a) or 3(b) are payable)	50% of the fee specified under either 3(a) or 3(b)	50% of the fee specified under either 3(a) or 3(b)
4	Commissary copying and extracting
	(1) Issuing certificate of confirmation
	(a) if ordered when lodging inventory, each certificate	7	9
	(b) If ordered subsequent to lodging inventory
	(i) first certificate, including search fee	18	22
	(ii) each subsequent certificate	7	9
	(2) Copy or duplicate confirmation -
	(a) if ordered when lodging inventory	12	15
	(b) if ordered subsequent to lodging inventory -
	(i) duplicate confirmation, including search fee	24	30
	(ii) each subsequent duplicate if ordered at the same time as the duplicate in head (i)	12	15
	(3) Certified extract confirmation and will (if any)
	(a) if ordered when lodging inventory	24	30
	(b) if ordered subsequent to lodging inventory -
	(i) certified extract, including search fee	36	45
	(ii) each subsequent certified extract if ordered at the time as the certified extract in head (i)	24	30
	(4) Copy will -
	(a) if ordered when lodging inventory	7	9
	(b) if ordered subsequent to lodging inventory -
	(i) copy will, including search fee	18	22
	(ii) each subsequent copy of will, if ordered at the same time as the copy will in head (i)	7	9
Part II Sheriff court proceedings
5	Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee (fee covers issue of extract decree)	96	119
6	European Order for payment in terms of EU Regulation 1896/2006 - application for European Order for payment	96	119
Divorce and dissolution of civil partners
7	Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application) (Note: fee covers issue of extract decree)	150	187
Applications for simplified divorce and simplified dissolution of civil partnership
8	Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38) (Note: fee covers issue of extract decree)	113	141
9	Subsequent application upon change of circumstances by party	30	37
	Summary warrant
10	Application for summary warrant	71	88
Bankruptcy
11	Petition for sequestration of estates or petition for recall of award of sequestration	113	141
12	Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985	59	93
13	Application for approval of composition	36	45
Declarator and Petitions for completion of title for the Sheriff of Chancery
14	Applications for Declarator and Petitions for completion of title to the Sheriff of Chancery	227	282
15	Issue of chancery extract	107	132
Summary cause/simple procedure
16	Summons - summary cause/simple procedure (including small claim and European small claim procedure) (Note: fee covers issue of extract decree) -
	(a) actions for payment of money of £200 or less (or 250 euros for European Small Claims)	18	22
	(b) other actions	78	97
	(c) on the marking of an appeal	59	73
Criminal procedure
17	Complaint	36	45
Road Traffic Offenders Act 1988
18	Petition for removal of disqualification	89	110
Miscellaneous
19	Application under section 4 of the Requirements of Writing (Scotland) Act 1995	18	22
20	Caveat	36	45
21	Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982	24	30
22	Note in a liquidation or judicial factory	36	45
Defender's responses
23	First writ, reponing note, application for recall of decree or attendance to state a defence, or oppose an interim order
	(fee payable by each defender or compearer) (Note: covers the issue of an extract decree) -
	(a) in proceedings to which paragraph 5 of this Table applies	96	119
	(b) in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership)	150	186
Civil court procedure
Payable by pursuer
24	Lodging of a certified copy record under the Ordinary Cause Rules 1993 (Note: fee payable only once in respect of a cause)	113	141
25	Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules	113	141
26	Fixing, allocating or assigning of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause	54	67
27	For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (Note: not payable if the proof, debate or hearing does not proceed on that day)	227	282
28	Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the Ordinary Cause Rules (Note: fee payable once only in respect of a cause)	66	81
Payable by any party (including pursuer)
29	Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute	48	60
30	Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 16(c) of this Table)	113	141
Sheriff court books
31	Recording protest of a bill or promissory note (Note: Extracts to be charged as in paragraph 36 of the Table)	24	30
32	Preservation of deeds, each deed (Note: This includes recording and engrossing. If extracts are required, a separate fee is charged as in paragraph 36 of this Table)	12	15
Miscellaneous office procedures
33	Lodging each set of plans or other Parliamentary deposit	71	88
34	Inspection of report of auction and the auditor of court's report	18	22
35	Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests of relevant court records as allowed as appropriately included in the Ordinary Cause Rules with the fees below payable in advance -
	(a) weekly for 12 months	346	429
	(b) twice weekly for 12 months	withdrawn	withdrawn
	(c) 4 times weekly for 12 months	withdrawn	withdrawn
36	Recording, engrossing, extracting, printing or copying of all documents, except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 37 of this Table) -
	(a) by photocopying or otherwise producing a printed or typed copy -
	(i) Up to 10 pages	6	7
	(ii) Each page or part thereof in excess of 10 pages	0.50	0.50
	(b) for a copy of a document in electronic form	6	7
	(Note: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31)
37	Any search of records or archives, except as provided for at paragraph 4 of this Table -
	- per 30 minutes or part thereof	12	15
	(a) up to 30 minutes	withdrawn	withdrawn
	(b) for more than 30 minutes up to 2 hours	withdrawn	withdrawn
	(c) each additional 30 minutes in excess of 2 hours	withdrawn	withdrawn
	(d) In addition, correspondence fee where applicable	12	15
38	Citation of or intimation to any person or persons by sheriff officer as instructed by the sheriff clerk	12 plus sheriff officer's fee	15 plus sheriff officer's fee

Part III Auditor of court
39	Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation -
	(a) lodging account for taxation	43	53
	(b) taxing accounts of expenses etc. -
	(i) up to £400	20	25
	(ii) for every additional £100 or part thereof	5	6
	(Note: Fee to be determined by auditor of court on amount of the account as submitted)
	(c) cancellation of diet of taxation -
	(i) where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation	50% of fee that would have been payable under sub paragraph (b) of this paragraph	50% of fee that would have been payable under sub paragraph (b) of this paragraph
	(ii) where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation	75% of fee that would have been payable under sub paragraph (b) of this paragraph	75% of fee that would have been payable under sub paragraph (b) of this paragraph

Sheriff Personal Injury Court		Current fee w.e.f. 1.04.2016 £	Revised fee w.e.f. 8.11.2016 £
1	Lodging a motion	54	67
2	Fixing a hearing date	59	73
3	Hearing Fee: per 30 minutes or part thereof	77	96
4	Lodging closed record	107	133
5	Lodging an Action, Lodging a Defence	214	266
6	Citation of a Civil Jury: - includes outlays incurred in citing and countermanding - payable on receipt of instruments for issue of precept	298	370
Information Services
7	Copying of -
	a) Each document up to 10 pages	6	7
	b) Each further page or part thereof (in excess of 10 pages)	0.50	0.50
	c) Each document in electronic form	6	7
8	Any searches of record or archives -
	a) Per 30 minutes or part thereof	12	15
	b) In addition, correspondence fee where applicable	12	15

High Court of Justiciary		Current fee w.e.f. 1.04.2016 £	Revised fee w.e.f. 8.11.2016 £
1	Petitions to the Nobile Officium and applications for criminal letters (inclusive fee covering all steps in procedure)	107	133
2	Extract convictions, per sheet or part thereof	withdrawn	withdrawn
3	Certified copy of any other document	18	22
4	Copying -
	(a) of each document up to 10 pages	6	7
	(b) each further page or part thereof	0.50	0.50
	(c) of each document in electronic form	6	7
5	Any searches of records or archives - per 30 minutes or part thereof	12	15
	(a) up to 30 minutes	withdrawn	withdrawn
	(b) more than 30 minutes up to 2 hours	withdrawn	withdrawn
	(c) each additional 30 minutes in excess of 2 hours	withdrawn	withdrawn
	(d) In addition, correspondence fee where applicable	12	15
6	Petition for Removal of Disqualification from Driving	89	110
Justice of the peace courts		Current fee w.e.f. 1.04.2016 £	Revised fee w.e.f. 8.11.2016 £
1	Application for utility warrants	11	14
2	Copying of -
	(a) of each document up to 10 pages	6	7
	(b) each further page or part thereof (in excess of 10 pages)	0.50	0.50
	(c) of each document in electronic form	6	7
3	Any searches of records or archives -
	- per 30 minutes or part thereof	12	15
	(a) up to 30 minutes	withdrawn	withdrawn
	(b) for more than 30 minutes up to 2 hours	withdrawn	withdrawn
	(c) each additional 30 minutes in excess of 2 hours	withdrawn	withdrawn
	(d) In addition, correspondence fee where applicable	12	15
4	Petition for Removal of Disqualification from Driving	89	110

Contact

Email: Michael Green, courtfeeconsultation@gov.scot

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Information

Annex A

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