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 exceeds £50 but does not exceed £200 exceeds £200 but does not exceed £600 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 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. 1. Fee on Brief, where the rent: (a) does not exceed £50 (a) exceeds £50 but does not exceed £100.... £12.60 (c) exceeds £100 but does not exceed £200.. £19.95 (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 £12.60 £18.90 £29.40 (8) Landlord and Tenant Acts: Applications for new tenancies. 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 or 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 (c) exceeds £500 but does not exceed £1,000 £47.25 (c) exceeds £1,050 but does not exceed £1,500 £59.89 (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 (9) Hire Purchase Fee on Brief

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. (c) Files over six years old may be charged for under Schedule 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).

SEARCH FEES: It is the duty of a solicitor to keep his client's valuable documents entrusted to him for safe custody.

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