The Gazette 1979

GAZETTE

SEPTEMBER1979

amount recovered by the Applicant or on

taxation of a Respondent's costs where the

amount claimed does not exceed £50

£12.60

exceeds £50 but does not exceed £200

£18.90

exceeds £200 but does not exceed £600

£29.40

exceeds £600 but does not exceed £1,000

£38.85

exceeds £1,000 but does not exceed £2,000... £49.35

2. Fee on advising Proofs and on Consultation

where the amount:

does not exceed £200

£5.20

exceeds £200

£12.60

(8)

Landlord

and Tenant Acts:

Applications for new tenancies.

Note:

For the purpose of this scale of fees "the rent"

shall be the rent agreed by the Parties or fixed by the

Court under part 3 of the Landlord and Tenant Act,

1931, or the gross rent as so agreed or ascertained by

the Court under the Landlord and Tenant

(Reversionary Leases) Act, 1958. In any case in

which the application is dismissed, or in any case in

which no rent is required to be fixed or ascertained, a

sum equivalent to twenty-five times the Rateable

Valuation.

Fee on Brief, where the rent:

(a) does not exceed £50

(a) exceeds £50 but does not exceed £100.... £12.60

(d) exceeds £200 but does not exceed £400.. £32.55

(e) exceeds £400 but does not exceed £600.. £49.35

(0 exceeds £600 but does not exceed £1,000 £58.80

(g) exceeds £1,000

£71.40

2. Fee on Notice of Application to Court or Notice

of Dispute

£8.40

3. Fee on Advising Proofs or Consultation

£12.60

(9) Hire Purchase

Fee on Brief

On taxation of a Plaintiff's cases, where the amount

recovered, or in the case of an action for the specific

recovery of a chattel, the amount of the instalments

due and upaid under the agreement at the date of the

commencement of the proceedings

On taxation of a Defendant's costs, where the amount

sued for or, in the case of an action for the specific

recovery of a chattel, the amount of the instalments

due and unpaid under the agreement at the date of the

commencement of the proceedings

(a) does not exceed £250

£25.20

(b) exceeds £250 but does not exceed £500.. £34.65

(e) exceeds £1,500

£71.40

Fee on Civil Bill, Defence, Advising Proofs or

Consultation:

where all cases within (a) (b) (c) above

£12.60

All other cases

£16.80

SEARCH FEES:

It is the duty of a solicitor to keep his client's valuable

documents entrusted to him for safe custody.

Wills:

(1) A Register of Wills should be kept so that quick reference

will show if the Solicitor has custody. Information given

from the Register should be charged for.

(2) If a Will is being taken up by a client, Executor or other

Solicitor, a fee under Schedule 2 to cover attendance, cor-

respondence and preparation of receipt may be charged.

Deeds:

(1) It is desirable that a Register of Documents should be kept

containing full particulars of the documents held. This list

would normally be a copy of the Schedule prepared when

the transaction was completed. Three copies of the

Schedule, it is advised, should be made.

(2) An inquiry about the documents that is answered by refer-

ence to the Register should not in general be charged for.

(3) Documents being taken up by the client, his Bankers,

Agents or new Solicitor, depending on the circumstances

and duration, may be charged for under Schedule 2 as an

attendance.

Files:

Documents which only come into existence during the currency

of the retainer and for the purpose of business transacted by the

Solicitor pursuant to the retainer, fall into four broad

categories:

(1) Documents prepared by the Solicitor for the benefit of the

client and which may be said to have been paid for by the

client, belong to the client.

(2) Documents prepared by the Solicitor for his own benefit or

protection, the preparation of which is not regarded as an

item chargeable against the client, belong to the Solicitor.

(3) Documents sent by the client to the Solicitor during the

course of the retainer, the property in which was intended

at the date of despatch to pass from the client to the

Solicitor, e.g. letters belong to the Solicitor.

(4) Documents prepared by a third party during the course of

the retainer and sent to the Solicitor (other than at the

Solicitor's expense), e.g. letters, belong to the client.

Clients' papers should be retained for a period of six years from

completion. An indexed system is desirable.

(a) Papers required by the client on completion of the case

should be furnished without charge.

(b) Depending on the length of time elapsed and die circum-

stances it is permissible to seek an attendance fee under

Schedule 2 in handing out the file.

2. If not readily available a special search fee should be

negotiated.

Expert Evidence

in Handwriting

T. R. Davis, M.A., B.Utt. (Oxon.), Lecturer in

Bibliography, University of Birmingham,

will give expert

forensic opinion on any kind of forged, anonymous, or

otherwise suspect document, whether written, printed, or

typed.

Department of English, University of Bermingham, P.O.

Box 363, Birmingham, B15 2TT, England. (Phone 021

472 1301 ext. 3081).

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