https://www.slab.org.uk/guidance/curators-appointed-in-sheriff-court-family-actions/
https://www.slab.org.uk/guidance/curators-appointed-in-sheriff-court-family-actions/
Where a curator is appointed by the court to undertake investigations and prepare a report before legal aid is granted, you must apply for our prior approval under Regulation 18 (1) (b) of the special urgency provisions to incur the costs of any work that the curator requires to undertake as ordered by the court.
Where the cost of the work is likely to exceed £3,000, in addition to making an application under the special urgency provisions, you must also apply for our prior approval for work that is likely to involve unusually large expenditure.
When applying for our prior approval you must upload a copy of the interlocutor appointing the curator.
We have no discretion to make payment of any work that may have been carried out before our prior approval has been granted – see guidance.
You should therefore ensure that an SU4 and where appropriate an application for our prior approval is submitted as soon as possible.
You should inform the curator not to undertake any work until the relevant cover is in place.
This will help to protect you from incurring costs that we will not be able to pay for.
The curator’s account will form an outlay in the nominated solicitor’s legal aid account.
If you have insufficient case cost in place you must submit an amend application to increase the expenditure on the case to cover the costs of the work that the curator intends to undertake – see guidance.
A copy of the interlocutor appointing the curator must be uploaded with the application for an application for increase in case cost
The curator’s account will form an outlay in the nominated solicitor’s account.
Where the curator has decided to enter into the court process or has been sisted as a party to the action by the court, the curator must apply for legal aid – see guidance.
The curator will normally instruct a solicitor to apply for legal aid with the curator being named in the application as the child’s representative.
Advice and assistance may be available to assist with preparation of the legal aid application. The grant of advice and assistance, or any application for legal aid, must be in the name of the child.
For advice and assistance, you need to apply for an increase in authorized expenditure to cover the cost of the work you need to carry out.
Any work prior to the grant of legal aid which is not a step in proceedings, and is ancillary to the court proceedings, can be charged under advice and assistance where this is in place.
For any work carried out by the curator prior to a grant of legal aid that is a step in proceedings under Regulation 18 (2) ‘SU2’, this can be done without our prior approval, so long as you follow up with your civ sol application within 28 days of beginning the urgent work. However, special urgent work that falls within the ambit of Regulation 18 (1) (b) ‘SU4’ needs our prior approval before the curator starts the work.
Where legal aid has been granted, you must submit an amend application to increase the expenditure on the case to cover the costs of the work that the curator intends to undertake – see guidance.
The curatorial work is chargeable as an outlay in the nominated solicitor’s advice and assistance and/or legal aid account, as is appropriate.
When a curator ad litem joins proceedings as a party, any other legally aided party should amend their application or grant of legal aid, to include the curator as a party.
We expect curators to charge their account in accordance with our publication issued in January 2024.
It is your responsibility to stay in contact with the curator and if there is any doubt about the work that the curator intends to undertake or that has not been specified by the court that you check with the curator and/or the court to clarify what this is before work commences.
Merits of different types of case
This page includes merits information for various types of cases involving disputes over children. The case types covered include: adoption and permanence orders; orders relating to parental rights and responsibilities; contact and residence orders; specific issue orders; minutes to vary; and minutes for failure to obtemper. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of divorce (or dissolution) cases without craves for financial provision. The case types covered include divorce based on one or two year separation; on grounds of adultery; and on the basis of interim gender recognition certificate. Information is included for defenders and pursuers. Information is also included for cross-actions and Court of Session cases.
Merits of different types of case
This page includes merits information for various types of divorce cases with financial provision. The case types covered include capital sum orders; transfer of property orders; earmarking orders; incidental orders in terms of section 14(2) of the Family Law (Scotland) Act 1985; and pension sharing orders. It covers the kinds of information we expect to see with these types of applications.
Merits of different types of case
This page includes merits information for various types of interdict (etc.) cases. Types of cases covered include: general interdicts (including non-molestation orders); matrimonial and domestic interdicts; breaches of interdict and power of arrest; non-harassment orders; and applications to revoke or vary orders. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of applications in relation to reparation actions. The case types covered include: road traffic accidents; accidents at work; industrial disease cases; professional negligence claims; and condensation/dampness claims. Evidential requirements are included alongside information for both pursuers and defenders where relevant.
Merits of different types of case
This page includes merits information for applications in relation to various types of appeal, and associated evidential requirements. The case types covered include: appeals against refusal of permission; licensing appeals; appeals to the UK Supreme Court; appeals against the First Tier and Upper Tribunals; appeals against the Social Security Commissioners, and information you should provide with your application.
Merits of different types of case
This page includes merits and other practical information for various types of action before the First Tier Tribunal for Scotland (Housing and Property Chamber). It includes the type of actions for which legal aid is available; operational guidance on how we consider these types of applications; and the evidence you should provide with your applications. The fees available are also included.