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/
We have developed a list of key criteria where you may apply to us for exceptional case status. If 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).
It is important to note that an application in any case which is chargeable under schedule 2A can only be made where payment in accordance this 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.
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. |
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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 | 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 must provide details of the work undertaken |
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 how to make an application for additional fee in Court of Session, Sheriff Appeal Court cases and summary cause proceedings
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.