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Publication - Consultation Paper

Consultation on Scottish Court Fees

Published: 20 Jul 2016
Part of:
Law and order
ISBN:
9781786523648

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

28 page PDF

502.1kB

28 page PDF

502.1kB

Contents
Consultation on Scottish Court Fees
Annex A

28 page PDF

502.1kB

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