Where your client wishes to appeal to the Court of Session against a decision of the Sheriff Appeal Court, they must have the leave of the Sheriff Appeal Court. This is also the case when applying for legal aid for an appeal from a sheriff to the Sheriff Appeal Court or directly to the Court of Session.

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 sanction for this.
  • You can simply charge for this step in proceedings in your final account for 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 and special urgency legal aid is available for any urgent steps in proceedings

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 then a legal aid application can be submitted for the appeal before the Court of Session.

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