We may consider the payment of an additional fee (previously called a percentage uplift) in defended sheriff court cases, subject to certain criteria being met.

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. Cases in the Court of Session and Sheriff Appeal Court potentially attract an additional fee subject to certain criteria being met. The additional fee is payable as an uplift of the fees otherwise payable to a maximum of 50% [Schedule 5]. In the sheriff court, in relation to proceedings under the summary cause roll, a percentage increase to a maximum 100% can be granted.

In the Sheriff Appeal Court and sheriff court, where fees are claimed under schedule 6 [of the Civil Legal Aid (Scotland) (Fees) Regulations 1989], there is a separate option to seek an additional fee under Chapter III of Schedule 6.

 

In summary:

Fees claimed under Regulation providing for additional fee Available only in Who decides whether an additional fee is payable Who decides level of any additional fee allowed Who decides any dispute
Schedule 5 detailed fees Regulation 5(4) Court of Session,

Sheriff Appeal Court

Court, on motion SLAB Auditor
Schedule 6 inclusive fees Regulation 5(2D) Sheriff Appeal Court,

Sheriff court

SLAB, upon application SLAB Auditor
Schedule 2, chapter III summary cause fees Regulation 5(4)  

Sheriff  Court

Court, on motion Court n/a

Where an additional fee is being sought, regard should be had to the case cost limit imposed to the grant of legal aid in terms of section 14(1F) of the Legal Aid (Scotland) Act 1986. The cost limit has no bearing on the decision to grant an additional fee. Therefore, you should 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.

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