Court fee exemptions
17 Sep 04
Advice in response to difficulties still being faced in some cases with clients who should be exempt being charged court fees
by Bruce Ritchie
Scottish Courts Service have given further information in the light of some of the difficulties still being experienced after the introduction of the exemption provisions in July 2002. In some cases clients who would have been exempt in terms of the Order were still charged fees. Sheriff Clerks subsequently received applications for repayment of those fees but with varying outcomes. However, Scottish Courts Service have now written to Sheriff Clerks informing them that requests for repayment of fees which have been paid after 1 July 2002 where the parties were exempt in terms of the Order should be fulfilled.
Solicitors who have had previous requests for repayment rejected should now renew those in appropriate cases. Where necessary it is likely that adjustments will be made to the fee credit accounting system but in larger Courts it may take some time to repay all fees due depending on the number of claims which are made. I have been asked to remind practitioners that where a client is exempt it is necessary to tender an application for exemption or exemption docquet as an alternative to a cheque or Form E200 at the time any writ, motion, etc is being lodged in Court.
Bruce Ritchie Director, Professional Practice