Assessment of special urgency applications: tests applied by us

In assessing any application submitted for cover in terms of regulation 18(1)(b) of the Civil Legal Aid (Scotland) Regulations 2002, we have to decide if the work to be done is needed as a matter of special urgency to protect the position of your client.

Application on same proceedings already refused

We can refuse approval where your client’s earlier application for the same proceedings has been refused, treated as abandoned or terminated, unless you satisfy us that there is a realistic prospect that legal aid will be granted on review or in a further application.

Your client fails to provide sufficient information

We are not obliged to grant approval where:

  • Your client has failed to provide us with sufficient information
  • Information has not been supplied because of undue delays on your part
  • We are not satisfied that prima facie the merits test are likely to be met

Despite this, you are always entitled to lodge an application for civil legal aid.

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