Two initial limits of expenditure are provided for standard civil advice and assistance, of £180 and £135 [Section 10 Legal Aid (Scotland) Act 1986]. There is a different limit for diagnostic advice and assistance.
Where representation relates to a civil matter which is a distinct matter or to a civil matter which is not distinct but following application made to us is to be treated as if it were so, the sum of £135 applies
Where representation relates to a civil matter not falling within these bounds, the sum of £45 applies.
The £180 limit £180 applies in certain specified situations where either ordinary advice and assistance or ABWOR is given.
The £180 initial limit for ABWOR applies when a second or subsequent diet has been ordered by the court.
The £180 initial limit for ordinary advice and assistance applies where:
Apart from the cases in which specific provision is made for an initial limit of £180 (as above), the initial limit of expenditure is £135.
There is no regulatory requirement to notify us where you consider the £180 initial limit applies in the circumstances of a particular case. You must, however, give us this information where, for example, you are asking for an increase in expenditure, or submitting an account for more than £135.
You can no longer select the £180 initial limit when you submit the application online. Instead, when you submit your account online you can select the £180 initial limit, this will be effective from the date you granted the application.
Advice and Assistance application procedures
This page includes information on how to apply for non-templated increases in expenditure under civil A&A. It covers the information you should provide us with; case-related factors to address in your application; the process for reconsideration of refused increases; the process for urgently needed increases; whether authority for retrospective increases is available; and other guidance you may wish to consider.