The Law Society of Scotland has directed that all Scottish Legal Firms publish information on fees to enable potential clients to see possible levels of fees.
If you do not qualify for legal aid you will be asked to pay private fees.
In line with the Price Transparency Guidance we can advise that we provide some work by way of fixed fee. Other work is charged on an hourly basis. As at 1 October 2023 our hourly rate was £230 plus VAT
Fees are charged in 6 minute units and we therefore undernote our table of fees. VAT at 20 % requires to be added to these costs and outlays as detailed.
PRIVATE ACCOUNTS – 1 December 2023
Per Hour = £230.00
Per Unit – 6 minutes = £23.00
Per Page – 125 words – 1.25 units = £28.75 – Formal letters – ½ Unit = £11.50
Minute of Agreement – 5 units per sheet (250 words) = £115.00 per sheet
Revising Minute of Agreement – 2.5 units per sheet (250 words) = £57.50
Motions, Pro forma forms eg Simp Div etc – 3 units per sheet (250 words) = £69.00 per sheet
Certifying above – 1.25 units = £28.75
Precognitions – 2.75 units per sheet (250 words) = £63.50 per sheet
Time engaged outwith Court:
6 minutes = £23.00
12 minutes = £46..00
18 minutes = £69.00
24 minutes =£92.00
30 minutes = £115.00
36 minutes = £138.00
42 minutes = £161.00
48 minutes = £184.00
54 minutes = £207.00
60 minutes = £230.00
Pages:
1 page = £28.75
2 pages =£57.50
3 pages = £86.25
4 pages = £115.00
5 pages = £143.75
In addition court work is charged at a slightly higher rate of £276.00 per hour and therefore this means that court work is charged as undernoted:-
COURT APPEARANCES – 1 December 2023
12 units per hour = £276.00
6 minutes = £27.60
12 minutes =£55.20
18 minutes = £82.80
24 minutes = £110.40
30 minutes = £138.00
36 minutes =£165.60
42 minutes = £193.20
48 minutes =£220.80
54 minutes = £248.40
60 minutes = £276.00
RANGE OF COSTS
Based on our own experience there can be average costs for certain types of work. This is of course subject to variation in that if the matter is more complex then this complexity will increase the level of fees. As such, these examples are only examples and are not binding. Your solicitor will discuss this with you as your case progresses.
DIVORCE – SIMPLIFIED PROCEDURE DIVORCE/DISSOLUTION OF CIVIL PARTNERSHIP
If the simplified procedure is appropriate, then our fixed fee for completing a simplified divorce or dissolution of a civil partnership will be:
- £350.00 exclusive of VAT at 20%. This excludes outlays (fees which may need to be paid to third parties)
Court fees: These increase annually. The current fee is £128.00.
- Service fees: Service by sheriff officer, where service by recorded delivery has not been possible. The current fee is £13.00.
UNDEFENDED DIVORCE
An undefended divorce may be appropriate where there are no outstanding financial matters to resolve between the parties but there are children of the marriage under the age of 16 years and there is no dispute in respect of their care or contact arrangements.
We will first meet with you to consider and discuss if the undefended procedure is appropriate for your case. This may require us to gather information so we can be sure that the undefended procedure is appropriate.
Where the undefended procedure divorce/dissolution of civil partnership is appropriate then our fixed fee for completing an undefended divorce or dissolution of a civil partnership will be:
- £1,200.00 exclusive of VAT at 20%. This excludes outlays (fees which may need to be paid to third parties)
- Court fees: These increase annually. The current warrant fee is £159.00 and Affidavit fee of £70. Service fees: Service by sheriff officer, where service by recorded delivery has not been possible. The current fee is approximately £100/£150
Our fixed price includes:
- drafting the Writ and lodging at court
- drawing Affidavits of you and your witness and notarising
- lodging application and any supporting documents with the court
The above fixed price excludes VAT charged at 20%
SEPARATION AGREEMENTS
From our experience the average Minute of Agreement, to cover meeting with you, writing to your ex-partner or their solicitor, ingathering some information in respect of the valuation of assets and debts and negotiating division of assets and debts, drafting the Agreement, registering the Agreement, is in the region of £3,000 plus VAT.
The price to you will vary depending on the complexity of the case. In the event that there are complex finances then this will increase the cost.
Examples of what can increase the cost:-
1 – Dispute over amount of maintenance/aliment to be paid to wife or children.
2 – Any business interests which require to be valued and which may require the involvement of a specialist accountant to assess the value.
3 – Valuation of large investments which again may require the involvement of a actuary or stock broker.
4 – Particularly complex pension arrangements which may require the use of specialist actuaries.
Simple case:- No real dispute on valuation of assets or how they are to be divided, limited correspondence, limited meetings, drafting of Minute of Agreement and registration of the Agreement – £2,000 – £3,000 excluding VAT.
Moderately complex case:- Ingathering of information about assets, negotiation of their division, drafting of Minute of Agreement and registration of the Agreement – £3,000 – £4,000 excluding VAT.
Highly complex case – upwards of £5,000 excluding VAT.
The above are provided for illustrative purposes only. Not all stages may be required. This will depend on the circumstances of your case.
DISPUTED DIVORCE ACTION – WITH DISPUTED FINANCIAL MATTERS
In the event that negotiation has not been successful and the matter requires to proceed to court then the cost of bringing a divorce action which will be defended at court will vary depending on the complexity of the case. We will provide you with our estimated price prior to raising the court action.
The time spent on your case also impacts significantly on the price. More complex cases will require more time.
Factors which could impact on the complexity of the case include:-
1 – Number of witnesses.
2 – Allegations of misappropriation of matrimonial assets.
3 – Delays in the court case outwith our control.
4 – Failure to agree issues.
5 – Extensive matrimonial assets and debts.
Below we have set out a typical range of prices by way of illustration:-
Simple case:- Involving few attendances at court and settled prior to the final hearing on evidence – £4,000 – £5,000 excluding VAT.
Moderately complex case:-Involving regular appearance at court, Motions for disclosure of information and finances – £7,000 – £9,000 excluding VAT.
Highly complex case:-Involving numerous attendances at court, obtaining witness statements, citing witnesses and a hearing on evidence proceeding – upwards of £9,000 excluding VAT.
Each day of court – £1,260 for 5 hours court time. If longer this will increase by the hourly rate.
Court dues of £242 per day are paid to the court together with possible shorthand writer’s fees.
CONTENTIOUS COURT ACTION OF RESIDENCE AND/OR CONTACT
Below we have set out some illustrative examples of what may be involved in a court case for contact and residence. These cases can proceed very quickly with substantial time spent initially at court at Interim Hearings and Child Welfare Hearings. In addition the court can order that reports be obtained from various third parties, including Child Welfare Reporters, Curators, doctors, psychologists. The average cost to be paid to a Child Welfare Reporter or Curator is £3,000 excluding VAT. These costs are sometimes shared between the parties. Other outlays can include Sheriff Officers’ fees for serving documents on the other party. These fees can be in the region of £100/£150 for each document served by them. In addition the court will charge fees for lodging documents in court. As at January 2021 the court charged £132 for lodging a Writ, £51 for a Motion, £70 for an Affidavit. There are other fees that will be discussed as the case proceeds.
Complexity will be raised in the case if the following is alleged:-
1 – If interdicts and non-molestation orders are required against the other party.
2 – If it is alleged that either of the parties have addiction issues and reports may be required from specialist services in that regard.
3 – If any other parties enter the action, for example other relatives or interested parties.
4 – If there are concurrent criminal proceedings or Children’s Panel proceedings.
5 – Whether or not the case proceeds to a hearing on evidence and a number of witnesses are required for that.
6 – The number of callings in court
Below we have set out our typical range of prices by way of illustration:-
Simple case:- Involving raising court action, attending at initial Motion and Child Welfare Hearings and case settled thereafter very quickly – £2,500 excluding VAT.
Moderately complex case:- Involving meeting with you, raising court action, several attendances at court and extensive negotiations – £6,000 excluding VAT.
Highly complex case:- Involving meeting with you, raising court action, numerous attendances at court until Proof £10,000 excluding VAT.
Each day of the hearing on evidence will be charged at £1,260 for 5 hours of court time, increasing if the day is longer.
CRIMINAL CASES
We are happy to help you if you are ineligible for legal aid. In the event that you do not qualify for legal aid to assist with your case you will require to pay privately in respect of all representation at court.
There are a range of costs, dependent on the nature of the offence against you.
MOTORING OFFENCES
Road traffic matters can be complex as the facts of each case are unique. We would be happy to discuss at an early stage to discuss the case and provide further details of the funding options available to you.
OFFENCES – NOT GUILTY PLEA
The number of hours it will take to deal with motoring offences where a not guilty plea is made varies greatly and will depend on the specific nature of the offence. Motoring offences can be complex dependent upon the specific circumstances.
Where we undertake the matter on the basis of a not guilty plea our hourly rate will be £220 plus VAT for out of court work and in court at £264 per hour exclusive of VAT.
This excludes possible outlays. For motoring offences outlays may include fees for expert witnesses, toxicology reports, fees paid to third parties for the provision of information, analytical reports, eg mobile phone examination.
We will be able to provide you with an estimate of costs, outlays and the likely number of work hours required following an initial meeting. There may be occasions where other issues arise in the case which are not and could not be anticipated at the outset. Where additional costs do arise we will advise you of these at the earliest opportunity.
MOTORING OFFENCES – GUILTY PLEA
Where you wish to enter a guilty plea we will endeavour to provide you with a fixed fee to reflect your particular circumstances. We will agree a free with you at our first meeting and when we have full details of the offence are on average £500 excluding VAT
Our fees will include:-
Taking instructions from you.
Obtaining all necessary information from the police.
Obtaining required documentation and reviewing this.
Providing full advice on plea including any mitigating circumstances.
Court representation and corresponding with you.
It does not include:-
Instructing expert witnesses.
Taking statements from witnesses.
Providing advice and representation on appeal or work and representation in relation to special reasons – exceptional hardship, and outlays.
MEDIATION
We are happy to provide mediation either on a legal aid basis or on private rates. Our mediator is accredited by the Law Society of Scotland as a specialist in Family Mediation.
The number of hours it will take to deal with your mediation will vary greatly depending on the specific nature of the dispute and specific circumstances.
Each party will have an individual meeting before joint mediation takes place. If your fees are not covered by legal aid then you will be charged at the hourly rate of £220.00 excluding VAT in respect of the meeting. The hourly rate for the joint mediation is shared between the parties. There may be fees for correspondence. This will be explained more fully to you as the mediation proceeds.