Prior approval is required for the employment of counsel where the proceedings are:

  • In the UK Supreme Court, for senior counsel acting alone or with junior, or for more than one junior counsel.
  • In the High Court (other than those relating to a murder prosecution) or the Sheriff Appeal Court, for senior counsel acting alone or with junior counsel, or for more than one junior counsel.
  • In the sheriff court or the Justice of the Peace court, for junior counsel, senior counsel or more than one junior counsel.

Circumstances where approval is not required

There are a few circumstances where you do not require our prior approval for counsel’s employment:

  • For senior counsel acting alone, senior counsel with junior counsel, or two junior counsel in prosecutions for murder, or any appeal against a conviction for murder where the applicant has been granted legal aid.
  • To employ one junior counsel in proceedings before the UK Supreme Court or the High Court (whether at first instance or on appeal).
  • To employ one junior counsel in proceedings before the Sheriff Appeal Court.

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