After a grant: extensions or amendments to grants of civil legal aid

You should ask for an amendment by submitting an ‘Amend’ application.  We treat these the same way as initial applications for civil legal aid, considering the tests for probable cause and reasonableness.  Your client should be reminded to tell us of any change in their financial circumstances.

Requests to amend a grant should be accompanied by the following documents:

  • A supplementary statutory statement
  • Copies of any relevant reports that have been obtained
  • Supplementary statement from your client and any supporting witnesses
  • Copy of the pleadings to date and any interlocutors which have been pronounced

The opponent has to receive intimation of the proposed amendment and be given an opportunity to lodge representations within 14 days.

You can carry out specially urgent work and should submit a ‘Special Urgency’  request with the ’Amend’ application [Regulation 18 Civil Legal Aid (Scotland) Regulations 2002].  The amendment begins from the date we are satisfied the statutory tests are met.  If we refuse an amend application you will need to submit a fresh one if you want us to look at it again.

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