J. F. v. M.F. and G M B & ANOTHER [2000] ScotSC 2 (10th February, 2000)

J. F. v. M.F. and G M B & ANOTHER [2000] ScotSC 2 (10th February, 2000)

A motion for an uplift in solicitor's fees under Regulation 5(4) of the Civil Legal Aid (Scotland)(Fees) Regulations 1989 is competent in a family action as long as the cause subsists, which includes the period when variation or recall of orders remains possible. The sheriff court is not functus officio in relation to such ancillary matters, and the implied time limit for such motions is governed by Regulation 8's six-month period for submission of accounts, not by the final interlocutor.

Citation
[2000] ScotSC 2
Parties
Pursuer: J. F.; Defender: M. F.; Third Parties: A. G. B. and Another
Jurisdiction
Scotland
Procedural Posture
Family Law (custody/access, Legal Aid Fees) / Motion for Uplift in Solicitor's Fees Under Civil Legal Aid (scotland)(fees) Regulations 1989
Outcome
Motion granted
Legal Topics
Custody and Access, Legal Aid Fees, Competency of Motions, Sheriff Court Procedure
Family Law Legal Aid Civil Procedure Custody and Access Legal Aid Fees Competency of Motions Sheriff Court Procedure

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Parties

J. F.

Pursuer

M. F.

Defender

A. G. B. and Another

Third Parties

Procedural Posture

Family Law (custody/access, Legal Aid Fees) / Motion for Uplift in Solicitor's Fees Under Civil Legal Aid (scotland)(fees) Regulations 1989

Legal Issues

  1. 1 Whether a motion for an uplift in solicitor's fees under Regulation 5(4) of the Civil Legal Aid (Scotland)(Fees) Regulations 1989 is competent after the substantive proceedings have concluded or are sisted
  2. 2 Whether the sheriff court is functus officio in relation to such a motion after final interlocutor
  3. 3 Whether there is an implied or express time limit for such motions

Ratio Decidendi

A motion for an uplift in solicitor's fees under Regulation 5(4) of the Civil Legal Aid (Scotland)(Fees) Regulations 1989 is competent in a family action as long as the cause subsists, which includes the period when variation or recall of orders remains possible. The sheriff court is not functus officio in relation to such ancillary matters, and the implied time limit for such motions is governed by Regulation 8's six-month period for submission of accounts, not by the final interlocutor.

Court Disposition

Motion granted

Orders

  • Grants motion for uplift in solicitor's fees under Regulation 5(4) of the Civil Legal Aid (Scotland)(Fees) Regulations 1989
  • Grants an uplift in solicitor's fees of 50%