Schedule of Charges

SCHEDULE OF CHARGES

CONTENTS

CHAPTER 1 :

INTRODUCTION

1. Purpose of the Schedule
2. Methods of charging
3. Unit charges (“U”)
4. Factors to be considered
5. Application of the factors
6. Written fee charging agreement
7. Meetings and correspondence
8. Revising fee
9. Parties having distinct interests
10. Posts and incidents
11. Uncompleted matters
12. Travelling and waiting time

CHAPTER 2 :

FORM OF ACCOUNTS AND TAXATION

1. Accounts - preparation and presentation
2. Taxation
3. Written fee charging agreement
4. Expenses of taxation

CHAPTER 3 :

DETAILED CHARGES EXPRESSED IN UNITS

A. DOCUMENTS AND PAPERS
B. TIME
C. CORRESPONDENCE
D. SPECIFIC ITEMS

CHAPTER 4 :

WRITS RELATING TO HERITABLE PROPERTY

A. CONVEYANCES
B. STANDARD SECURITIES

CHAPTER 5 :

EXECUTRY ESTATES AND TRUSTS

A. ADMINISTRATION OF EXECUTRY ESTATES
B. EXECUTRIES BECOMING CONTINUING TRUSTS
C. TRUSTS AND WILLS

CHAPTER 6 :

GENERAL BUSINESS

CHAPTER 1 : INTRODUCTION

1. PURPOSE OF THE TABLE

The purpose of the Table is to set out the basis of d and h’s professional charges.

2. METHODS OF CHARGING
(a) d and h may charge their account according to the circumstances of the matter.
(b) d and h and the client may agree a fee in advance. If the agreement is in writing, then Section 61A of the Solicitors (Scotland) Act 1980 will apply and the account will not be subject to obligatory taxation.

3. UNIT CHARGES (‘U’)
Any item may be charged according to the number of Units. Where the time spent is charged in Units, proportions should be calculated on the basis that 1 U = 6 minutes. The client will normally be advised of the value of the unit in a Terms of Engagement Letter.

The value of the Unit may be adjusted if the factors in Paragraph 4 apply by reference to the “Factors to be considered” in Regulation 4 which require to be applied either when fixing a Unit rate, or when assessing the final fee.

4. FACTORS TO BE CONSIDERED
Where d and h charges any item of business according to the circumstances or by reference to Units there shall be charged such sum as is fair and reasonable both to d and h and to the client taking into consideration all the following factors where relevant:
(a) the importance of the matter to the client;
(b) the amount or value of any money or property involved;
(c) the complexity of the matter, or the difficulty or novelty of the question raised;
(d) the skill, labour, specialised knowledge and responsibility involved on the part of the Solicitor or Assistant;
(e) the time expended;
(f) the length, number and importance of any documents or other papers prepared or perused; and
(g) the place where and the circumstances in which the services or any part thereof are rendered, including the
degree of expedition required.

5.APPLICATION OF THE FACTORS
(a)In a case where “time expended” can be regarded as the dominant factor, the next step will be to assess the seven factors in the following way:

(i) The time expended on the matter by d and h may be totaled and the total should be reviewed to confirm that it is fair and reasonable. The total time, adjusted if necessary to a fair and reasonable amount, should then be multiplied by an hourly rate which should be assessed so as to take account of the cost of having the work carried out either by reference to the Unit Rate or by applying a rate calculated to reflect the justifiable cost rate which should be a reasonable margin or multiplier to compensate and reflect the remaining factors. If the work done includes preparation or perusal of documents, writs, titles etc. there may also be taken into account the length, number and importance of these.

(ii) A percentage of the amount or value of the money or property involved may be added in order to compensate for the risk or indemnity element in carrying out the work. In many cases, an appropriate percentage may be 0.5% of the amount or value with lower percentages of higher amounts.

The following percentages may apply:

First £100,000 0.5%

The percentage rates will, however, be fixed taking into account all seven factors and also the amount of any hourly rate applied to time expended.

Note: If there is a loan without a conveyance, half of the above should be allowed.

b) One of the factors other than “time expended” may be regarded as the dominant factor. This will usually be “value” in a conveyancing transaction or an executry where the value of the subject matter involved is high, or indeed low. The sum charged in these cases will be reasonably proportionate to the value of the property involved.
(c)The resulting figure reached in either of these ways (a) or (b) will again be subjected to a general test of whether it is fair and reasonable

6.WRITTEN FEE CHARGING AGREEMENT
d and h may enter into a written fee charging agreement with the client in terms of Section 61A of the Solicitors (Scotland) Act 1980. In such a case, the fee will be agreed in writing in advance, and it will not be subject to obligatory taxation.

7.MEETINGS AND CORRESPONDENCE
Fees shall be allowed for meetings, correspondence, etc. relative to the preparation and execution of deeds in all cases where the drawing fee for such deed is charged separately.

8. REVISING FEE
The revising fee shall be one half of the corresponding drawing fee unless otherwise provided.

9.PARTIES HAVING DISTINCT INTERESTS
Where d and h properly acts for more than one party in any matter or business in which several parties have distinct interests, they may make a charge against each party in respect of their professional responsibility for each distinct interest

10.POSTS AND INCIDENTS
Our accounts include a charge to reflect routine administrative expenses incurred in the handling of your matter, including postage, telephone communications, copying, scanning and similar incidental costs. This charge is applied at a rate of 7.5% of our professional fees and represents a contribution towards the general costs
of administering your case. The charge may be shown separately or incorporated within the overall fee. Costs incurred for courier services or other non‑standard delivery arrangements will be charged separately as outlays.

11.UNCOMPLETED MATTERS
Where d and h have acted in any matter which has not been completed by them d and h may charge for the work which has been done. Where d and h are selling property in circumstances where d and h would be entitled to commission on sale and a sale is not concluded d and h are only entitled to charge for the work done unless there is an agreement to the contrary.

12.TRAVELLING AND WAITING TIME
Travelling and waiting time shall be chargeable.

CHAPTER 2 :

FORM OF ACCOUNTS AND TAXATION

1. ACCOUNTS - PREPARATION AND PRESENTATION

(a) d and h will give a narrative or summary sufficient to indicate the nature and the extent of the work done. Ifrequested d and h will give such helpful information as can readily be derived from the records, such as the total recorded time spent, the number and length of meetings, the number of letters and telephone calls. No charge may be made for preparing the note of fee or for the provision of such information.

(b) In the event of a dispute, d and h will advise the client of the availability of taxation and the procedure. If the client requests a taxation, the Solicitor may have a fully itemised account prepared. That full account may be submitted for taxation even if it is for a greater amount than the note of fee.

(c) d and h may submit the file to an Auditor of Court or a Law Accountant for charging, but it is stressed that a unilateral reference of this kind does not constitute a taxation. The fee for such a reference is not chargeable to the client unless otherwise specified in our Terms. If such a note of fee is disputed, d and h will advise of the right to taxation as above. An Auditor of Court who has advised a Solicitor on their account in this way, may decline to act in any
subsequent taxation of that file.

2.TAXATION
(a)Remit
The essence of taxation is that it proceeds upon either a remit by the Court or a joint reference by both the d and h and the client, including non contentious cases in (c) below.

(b)Disputed Accounts
When the party paying, whether client or third party, requires that d and h’s account be taxed, d and h cannot refuse to concur in the reference unless d and h and client have entered into a written fee charging agreement. d and h will forthwith submit the file and all relevant information including a note of fee or detailed account to the Auditor. It is for the Auditor to determine the procedure to be followed.

(c)Non Contentious Cases
Taxation is necessary by law and in practice in certain circumstances. The accounts of a Solicitor acting for the below,
must be taxed:
• an administrator of a company under the Insolvency Acts;
• a liquidator appointed by the Court;
• a creditor’s voluntary liquidator;
• a trustee in bankruptcy;
• a judicial factor;
• curators of all kinds;
• guardians

d and h may submit their account for taxation where they act:

• as an administrator of a client’s funds under a Power of Attorney;
• in a representative capacity e.g. a sole executor

3.WRITTEN FEE CHARGING AGREEMENT
Where in terms of Section 61A of the Solicitors (Scotland) Act 1980 d and h and the client have reached an agreement in writing as to the Solicitor’s fees in respect of any work done or to be done for the client, d and h are not obliged to concur in any request by the client for taxation.

4.EXPENSES OF TAXATION
The Auditor will charge a fee for the taxation. It may be 3% or 4% of the amount of the account after taxation and may attract VAT. Any award of expenses of the taxation - not only the Auditor’s fee but also the time and expenses of parties attending - is wholly within the discretion of the Auditor. If the matter is settled within the seven days preceding the diet of taxation the Auditor may still charge a proportion of their fee, not exceeding 50%, at their discretion.

CHAPTER 3 :

DETAILED CHARGES EXPRESSED IN UNITS

The following unit charges may be used in any account or part of an account where other charges are used:-

A. DOCUMENTS AND PAPERS
1. DRAWING (TO INCLUDE ENGROSSING):
(i) Deeds; Documents intended to have contractual effect; Court Pleadings which are documents prepared to raise, defend or progress a Court action (unless specifically included (i) as a separate charge); Affidavits; Motions of substance; financial statements and accounts except Solicitors’ business accounts; memorials for opinion – 5 Units per sheet;

Note: Where a pro forma document has been and variables simply inserted or standard clauses inserted the rate for
that part of the document will be 3 Units per sheet.

(ii) Other papers to include Transfers; Minutes of Meetings; Statements; routine or straightforward Motions;
Inventories and Schedules; and Mandates – 3 Units per sheet;
(iii) Intimations and Certificates thereof – 1.25 Units each.
Note: Length of sheet – 250 words. Part of a sheet is charged as one sheet.

2. COPYING - BY ANY MEANS
No charge up to 50 pages copied in the whole matter. Over 50 pages (whether 50 copies of 1 page or l copy of 50 pages ) - 0.05 Units per sheet

B. TIME
Time spent conducting a trial, proof or formal debate Hearing before a Court including a Tribunal, Enquiry, Licensing Board or Arbiter - 12 Units per hour

Note: This does not include waiting time which will be at the standard 1 unit per 6 minutes rate.
For all time spent, where not otherwise provided - 10 Units per hour
Note: Time occupied in travelling or waiting to be included where appropriate.

C. CORRESPONDENCE
1. Letters/ e-mails
Sending or reading (except as aftermentioned) letters, faxes, e-mails (only one charge if going to several people),
letters with cheques; - 1.25 U per each page of 125 words or part thereof, with a minimum charge of 1.25 U. Letters of a
similar nature (i.e the same letter going to several people) - for the second and subsequent letter irrespective of length
- 0.5 Units
2. Telephone calls First 6 minutes (or part thereof) - 1 Units
Over 6 minutes - 10 Units per hour

D. SPECIFIC ITEMS
1. Registration of Writs
Recording registration of writs, including presentation of writ, receiving writ or an extract or extracts - 5 Units

2.Quick copies and Extracts
Where ordered after date of recording - 2.25 Units

Note: Where extracts of several deeds are ordered at the same time, charge 2.25 U for the first and 1 Units each for the
others.

3.Lending/delivering titles and other papers
Each lending - 2.25 Units Inventory (including copy). Each sheet - 1 Unit

Notes: (i) to cover receipt and delivery; (ii) inventory to be charged only if more than three writs are lent or delivered;

4.Acting as Notary

(a) Notarial certificates and attestations and similar acts (including notarising Court Affidavits), where not specially provided for by statute or statutory instrument — 5 Units per notarial act

For the avoidance of doubt, a notarial act includes each certificate, attestation or witnessing of a signature carried out by the notary. Where more than one signature or certificate is required, each will constitute a separate notarial act.

Note: This fee does not include the drawing or revising of the document to be notarised, which is covered in the drawing charge at point 3A(1) above.

(b) Notarial copies - 1 Unit per sheet

Each sheet of a document certified as a true copy will be charged in accordance with the definition of “sheet” set out in this Schedule.

Where a notarial certificate or attestation is also required in addition to copying, the charge at paragraph (a) will apply in addition to the per sheet charge under this paragraph.

CHAPTER 4 :

WRITS RELATING TO HERITABLE PROPERTY

Unless otherwise agreed all fees shall be charged in accordance with Chapters 1 and 3.

A. CONVEYANCES

Missives to be charged in accordance with Chapter 3A(1).

B. STANDARD SECURITIES, ETC.
1.Where the loan transaction involves some ancillary matter, such as an assignation of a life policy, an extra charge will be made.
2.In the case of Standard Securities by companies, d and h will be entitled to charge for all additional work involved in complying with relevant statutory requirements.
3.Where the Standard Security does not specify the amount of the loan, the value will be the amount which the lender is expecting the security to cover regardless of the value of the security subjects.
4.Ancillary matters such as calling up Standard Securities, etc, unless otherwise agreed to be charged in accordance with Chapter 3.

CHAPTER 5 :

EXECUTRY ESTATES AND TRUSTS

A. ADMINISTRATION OF EXECUTRY ESTATES UNLESS OTHERWISE AGREED, THE FOLLOWING MAY BE CHARGED IN ACCORDANCE WITH CHAPTER 3:
1.Making all investigations to ascertain the particulars and value of (a) the estate passing on death (including inter vivos gifts) and the debts and encumbrances affecting the same, including meetings and correspondence, advertising for claims, perusal of writs and obtaining valuations, and (b) the estate to be included in the
appropriate inheritance tax accounts.

2.Preparing and giving up inheritance tax inventories and other accounts.

3.Obtaining Confirmation of executors and any Eik to Confirmation.

4.Resealing Confirmation, Probate or Letters of Administration and obtaining or making certificates or copies.

5.Preparing Deeds of Assumption or Resignation of Trustees and Deeds of Appointment or Apportionment.

Note: To be prepared by d and h for trust and expense to be paid by trust estate.

6.Preparation of deeds (heritable and moveable) implementing provisions of Will or intestacy.

Note: To be prepared by d and h for trust and expense to be paid by trust estate.

7.Calculation and discharge of prior rights, jus relictae, jus relicti and legitim; deeds of election where formal deeds prepared.

Note: Each party to pay his own Solicitor’s expense, unless otherwise arranged.

8.Receipts or discharges for pecuniary and specific legacies.

9.Discharges of provisions and residues.

Note: Discharges shall be prepared by the Solicitor for the trustees or executors and shall be paid for by the estate, but a beneficiary who is independently advised shall pay his own Solicitor’s revising fee. Where residuary legatees are entitled to payment at different dates, Each shall pay for the discharge granted by him and also for the conveyance and transfer of his share of the estate unless the trust deed otherwise provides.

10. Discharges of trustees or executors not otherwise provided for, including ratifications by beneficiaries.

Note: To be prepared by the Solicitor for the trust and where desired revised on behalf of trustee obtaining discharge or beneficiaries giving ratification. The whole expense to be borne by the trust estate.

11. Dispositions, assignations or conveyances of a beneficial interest.

Note: Deeds in favour of a trust beneficiary to be drawn by Solicitor for trustees or executors.

12. Examining deeds on behalf of beneficiaries concurring in conveyances.

Note: To be paid by party asking concurrence.

13. Expending special or general service.

14. Appointment of executor dative and preparing bond of caution.

15. All tax work in respect of income tax, capital gains tax, inheritance tax and Land and Buildings Transaction Tax, etc.

16. Post death variations to Wills, including evacuation of survivorship destinations and deeds of variation.

17. Executry accounts

18.Any other individual items involving documents and papers, time, correspondence, telephone calls, copying, etc.

Notes:
(i) Specific items of work separately chargeable under any other chapter of this Schedule of Charges shall be charged under the provisions of the appropriate chapter.
(ii) The total charge shall be subjected to the general test of whether it is fair and reasonable taking into account the seven factors referred to in Chapter 1(4).

B. EXECUTRIES BECOMING CONTINUING TRUSTS

The fees shall be modified to take account of the work connected with the executry, in respect that it has become a continuing trust. The work relating to the continuing administration of the trust shall be charged in accordance with Chapter 3.

C. TRUSTS AND WILLS - CREATION OF WILLS AND TRUSTS AND OTHER WORK FOR TESTATORS, TRUSTERS AND TRUSTEES

All work in connection with the drafting and creation of wills, trust dispositions and settlements, inter vivos, mortis causa and marriage contract trusts, codicils, deeds of appointment and apportionment, administration and termination of trusts, changing of trustees, including discharges, indemnities, minutes of agreement relating to trusts will be charged in accordance with Chapter 3.

CHAPTER 6 :

GENERAL BUSINESS

Including partnerships, mercantile transactions, incorporated companies, powers of attorney, contracts or agreements, tax or other similar matters for which professional charges are not otherwise prescribed. Unless otherwise agreed, to be charged in accordance with Chapter 3.