Civil legal aid accounts: availability of additional fees

The payment of an additional fee (previously called a percentage uplift) is available in the following types of civil legal aid subject to certain criteria being met:

• Court of Session
• Sheriff Appeal Court
• Schedule 6, Chapter II (Sheriff Court Defended Actions); and
• Summary Cause.

There is no provision for an additional fee in sheriff court cases where a detailed account under Schedule 5 [of the Civil Legal Aid (Scotland) (Fees) Regulations 1989] is chargeable or in undefended sheriff court actions charged under Schedule 6, chapter I.

In the Court of Session your account must be charged under Schedule 5 and the maximum uplift that can be allowed is 50%.

In the Sheriff Appeal Court you have the option to charge either Schedule 5 or under Schedule 6, Chapter II and although the procedures for applying are different the maximum uplift that can be allowed is 50%.

In the sheriff court, in relation to proceedings under the summary cause roll, a percentage increase up to a maximum 100% can be granted by the courts.

In summary:

The case cost limit has no bearing on the decision to grant an additional fee, so be mindful of your responsibility to ensure that where an additional fee is granted, the cost limit in place is sufficient to meet the cost of the accounting.