2011 Act appeals from the Sheriff Appeal Court to the Court of Session

Where your client wishes to appeal to the Court of Session against a decision of the Sheriff Appeal Court under the 2011 Act, they must have the leave of the Sheriff Appeal Court to do so. We also require to know that this permission has been granted before we can grant legal aid for such an appeal.

Where your client had a grant of legal aid for the appeal before the Sheriff Appeal Court:

• Your client is covered under the existing grant for the application for leave to appeal or to respond to another party’s application for leave.
• You do not need our prior approval for this.
• You can simply charge for this step in proceedings in your final account for the Sheriff Appeal Court proceedings.

If the Sheriff Appeal Court grants leave to appeal, you need to submit a fresh application for legal aid for the appeal before the Court of Session. Special urgency legal aid is available for any urgent steps in proceedings. When you submit the application for legal aid and/or special urgency make sure you provide the interlocutor granting leave to appeal.

Where your client did not have a grant of legal aid for the appeal before the Sheriff Appeal Court:

• Your client can apply for special urgency for the leave to appeal hearing.
• If leave is then granted a legal aid application can then be submitted for the appeal before the Court of Session. Special urgency legal aid is available for any further urgent steps in proceedings. When you submit the application for legal aid and/or special urgency make sure you provide the interlocutor granting leave to appeal.