https://www.slab.org.uk/guidance/civil-legal-aid-accounts-application-for-additional-fee-in-court-of-session-sheriff-appeal-court-cases-and-summary-cause-proceedings/
An additional fee can be allowed at the discretion of the court in Court of Session, Sheriff Appeal Court and summary cause proceedings, where detailed fees have been claimed.
The application to the Court should be by motion.
Here, the court is concerned with the issue of whether an additional fee is to be allowed based on the factors above [Regulation 5]. However, the court does not determine the amount of any additional fee. The fee should be agreed with us and only in the event of a dispute should the matter require to be referred to the auditor of court.
In summary cause proceedings, the procedure is slightly different in that the sheriff will consider the merits of the motion and they will fix the level of additional fee payable by way of a percentage increase.
The factors the Court considers are:
In the Court of Session or Sheriff Appeal Court, we (or an Auditor) have the authority to determine the level of additional fee which should be awarded. The maximum additional fee which may be awarded for any civil legal aid proceedings is 50%.
We will seek to agree the level of additional fee direct with you. Only if agreement cannot be reached will you need to exercise your right to have the additional fee fixed by the relevant Auditor. In the Court of Session this is the Auditor of the Court of Session and in the Sheriff Appeal Court this is the auditor of the Sheriff Appeal Court.
In summary cause proceedings where the sheriff grants the motion for an additional fee they will also fix the fee up to a maximum 100% increase.
Additional fees and provision for exceptional cases in schedule 2A and schedule 6 cases
Find out more about the factors we will take into consideration when assessing additional fee requests in block fee schedule 6 cases.
Additional fees and provision for exceptional cases in schedule 2A and schedule 6 cases
Read more on the procedure for applying for an additional Schedule 6 inclusive fee in the Sheriff Appeal Court and Sheriff Court.
Additional fees and provision for exceptional cases in schedule 2A and schedule 6 cases
Find out how to make an application for exceptional case status under schedule 2A or schedule 6.