https://www.slab.org.uk/guidance/civil-legal-aid-accounts-applying-for-an-exceptional-case-application-in-accounts-chargeable-under-schedule-2a-or-schedule-6/
https://www.slab.org.uk/guidance/civil-legal-aid-accounts-applying-for-an-exceptional-case-application-in-accounts-chargeable-under-schedule-2a-or-schedule-6/
If exceptional case status is granted, this will allow you in either block fee defended proceedings (Schedule 6, Chapter II of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 or schedule 2A simple procedure cases), to charge the account under Schedule 5 (detailed fees).
Schedule 7(1) of the Civil Legal Aid (Scotland) (Fees) Regulations explains how an exceptional case is to be determined.
An application for exceptional case status can only be granted in any case which is chargeable under schedule 2A where payment would not provide reasonable remuneration for the work actually, necessarily and reasonably done because the case involved:
The other factors as specified in paragraphs 1(3)(a)-(c) of schedule 7 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 do not apply in a case chargeable under schedule 2A.
With the Law Society of Scotland and the Family Law Association, we developed a list of factors we will consider in assessing an application for exceptional case status.
| Exceptional case criteria | Verification required in support of application | |
| The other party, or as the case may be at least one of the parties, was a party litigant | Confirmatory letter from solicitor or, where appropriate, sheriff clerk. | |
| There were concurrent proceedings before a children’s hearing | Copy grounds of referral | |
| The solicitor involved had to apply for a transfer of agency after the fixing of a diet of proof, debate or any other hearing fixed for the purposes of settlement | Letter from incoming solicitor confirming stage of proceedings at time of transfer;
File review, where appropriate and requested by the Board. |
|
| Payment in accordance with Schedule 2A or 6 would not provide reasonable remuneration for the work actually, necessarily and reasonably done because the case involved: | Copy initial writ, defences or open/closed record where appropriate | |
| (i) unusual court procedure for which a fee is not otherwise prescribed; or | Provide details of the unusual work and value of that work in comparison to the overall fee value of the claim. File review, where appropriate and requested by the Board. | |
| (ii) a significantly greater volume of work than is usual for a case of that type | Where a claim is being made under (d)(ii) the solicitor should provide details of the work undertaken which has led to a significantly greater volume of work being undertaken and copies of the block and detailed accounts, or alternatively, an estimate of the respective fee values of both accounts. | |
An application must be made in writing, ideally by email, and should be marked for the attention of the Accounts Specialists.
Terry McEwan – mcewante@slab.org.uk
Alan Spence – spenceal@slab.org.uk
Iain Baptie – baptieia@slab.org.uk
Michelle Robertson – robertsonmi@slab.org.uk
You can apply no later than four months after the conclusion of proceedings.
Where your claim is being made on the basis that there has been a significantly greater volume of work than is usual for a case of that type, you must:
If we refuse the application initially, you can apply to us to review the decision. Your review application will be considered by a different Accounts Specialist from the one who dealt with your original application.
Where we grant exceptional case status, you must charge your account under Schedule 5 detailed fees.
If you send us such a detailed account, you cannot subsequently withdraw it and substitute a block fee account.
Where we make an interim payment (under the block fee provisions) you can still submit a detailed account at the conclusion of proceedings where the case qualifies for exceptional case status. We would deduct at source the interim payment.
You have to keep proper records of work carried out and outlays incurred.
In cases where exceptional case status has been granted, you cannot also apply for an additional fee.
Where exceptional case is approved, this does not dis-apply or automatically increase the case cost limit [section 14(1F) of the Legal Aid (Scotland) Act 1986]. You should, therefore, be mindful of your responsibility to ensure that the cost limit in place is sufficient to meet the cost of the accounting.
Where there has been a transfer of solicitor, the granting of Exceptional Case Status does not automatically apply to the case as a whole and the grant is restricted to the work which has been undertaken by the solicitor who has made the application. A separate application will be required for any other solicitor in the same case who considers exceptional case status should apply.
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