Justice Council consults on solicitors' civil court fees

Solicitors' fees in Scotland's civil courts are the subject of a consultation launched today by the Scottish Civil Justice Council.

The fees in question are those prescribed in the tables that are used to determine the solicitors’ fees that can be recovered under awards of expenses in the Court of Session, Sheriff Appeal Court and sheriff court. The consultation is not concerned with legal aid fees, or with the fee arrangements that operate between solicitors and their clients.

The council’s Costs & Funding Committee will be considering the fees prescribed and whether there should be any increase or reduction in the current levels, having regard to whether the fees are proportionate, reflect the work undertaken, whether there is a need for a general modification and whether amendments are required to reflect changes in practice and procedure.

Solicitors' fees have until now been considered by the Lord President's Advisory Committee, on representations by the Law Society of Scotland. The paper notes that this contrasts with the position with shorthand writers, who do not have a professional body to represent their interests or a similar advisory committee, and the Costs & Funding Committee has therefore agreed that one method of review should be adopted for all fees.

It adds that in order to make the review process transparent and open, "Rather than target specific stakeholders, open consultations will take place, published on the council’s website, to allow all interested parties to make submissions to the committee. Those responses will then be collated, analysed and considered by the committee as part of the review process."

The committee welcomes the inclusion of any documents that respondents may wish to provide in support of their response. All information provided will be treated confidentially and respondents will be asked to confirm whether they are content that their response is published.

Separate consultation exercises will take place regarding the other categories of fees which are regulated by the Court of Session.

Click here to access the consultation. The deadline for responses is 17 November 2017.