https://www.slab.org.uk/guidance/applying-for-sanction-for-counsel/
https://www.slab.org.uk/guidance/applying-for-sanction-for-counsel/
The Petition of Matthew McAllister [2010] CSOH 112 set down a very wide to be satisfied before we can grant sanction for the employment of counsel.
The court made it clear that:
In deciding to accept instructions to act in a case, you should at the outset and throughout the progress of the case consider:
The instruction of counsel does not resolve any conflicts. Where there is a conflict you should normally pass such cases to another firm or solicitor not subject to such a restriction or constraint.
If you or your firm accept instructions or continue to act in a case where you consider there may be a conflict of interests, we will not regard this as a good reason for sanctioning the instruction of counsel.
You must get our prior approval for employment of counsel, whether it is junior, two junior, senior or senior with junior counsel except for one junior counsel in the Court of Session.
In all other situations, including appeals to the Sheriff Appeal Court, you must get our approval for the use of counsel.
Appeals to the Sheriff Appeal Court are considered to be distinct proceedings in terms of Regulation 6 of the 2013 Regulations. Therefore, even if we have granted approval for the employment of counsel in the proceedings before the sheriff that you are now appealing, you must obtain our prior approval for the use of counsel in these appeal proceedings before the Sheriff Appeal Court.
We have the authority to sanction the employment of counsel to represent your client at a children’s hearing or pre-hearing panel but it is extremely unlikely that such sanction would be granted. This is due to the fact children’s hearings and pre-hearing panels are non-adversarial and they do not aim to establish or re-examine disputed facts.
However, any sanction application received either under children’s legal aid or assistance by way of representation will be considered on its own facts and circumstances
Procedures after legal aid is granted
Find out what documents/information should be provided when applying for sanction for unusual expenditure or work likely to involve unusually large expenditure.
Procedures after legal aid is granted
Learn about what information Reporters will disclose in proof proceedings, when sanction is needed before taking precognitions and joint or shared precognitions