Eligibility for interim reimbursement of fees and outlays

There is no statutory provision under children’s legal aid to allow for reimbursement of outlays, or interim payment of fees.  However, consideration will be given to such claims on the following basis.

Eligibility for interim reimbursement of outlays

  • There must be a valid children’s legal aid certificate in existence at the date of the claim.
  • The proceedings must not be concluded.
  • A claim for reimbursement of outlays may be made only if the total of the disbursements is at least £750.
  • Reimbursement can be obtained only when a disbursement has actually been made.
  • Counsel’s fees do not form part of the reimbursement of outlays scheme.

Eligibility for interim payment of fees

  • A period of 12 months has elapsed since grant of legal.
  • A proof diet has been set for a date 6 months from the procedural / pre-proof hearing.
  • A proof has been adjourned for a period of 6-months or more.
  • The fees properly incurred to date exceed £10,000.00.
  • The proof / appeal hearing exceeds 20 days or 20 subsequent days.

Covid-19 update

From the 30 April 2020 until the expiry of the Coronavirus (Scotland) Act 2020, you should refer to this April 2020 update for full details of the changes we have made  to this guidance.

From 1 July 2020 you should follow the new streamlined procedures for submitting claims.

In this section

Interim claims of fees and outlays

Procedure for seeking payment of interim outlays / fees

Find out how to apply for an interim payment of fees or outlays including which form to use and what documentation to provide in support of your claim.