The guidance is intended mainly for the legal profession, and where we used the term “you”, this means the solicitor acting in a legal aid case.

Legal Aid accounts require to be charged in terms of the tables of fees prescribed within the following Schedules.

  • Schedule 2, Chapter III, Part I – summary cause proceedings where the action is undefended.
  • Schedule 2, Chapter III, Part II – summary cause proceedings where the action is defended.
  • Schedule 2, Chapter IV – executry business.
  • Schedule 2A – simple procedure cases and First-Tier Tribunal for Scotland cases.
  • Schedule 3 – for proceedings in the Court of Session and Sheriff Court where civil legal aid was granted prior to 1 October 2003
  • Schedule 5 – for proceedings in the Court of Session, Sheriff Appeal Court, and Upper Tribunal for Scotland, childrens cases and proceedings listed at regulation 5(3) or in the sheriff court listed in schedule 7, where civil legal aid was granted on or after 1 October 2003
  • Schedule 6 – for proceedings in the sheriff court (except summary cause and executry proceedings and the proceedings listed in schedule 7) and in the Sheriff Appeal Court.
    • Chapter I, Part I – Undefended action where no action raised;
    • Chapter I, Part II – Undefended action – all actions except those actions of divorce or separation and aliment to which Part III applies;
    • Chapter I, Part III – Undefended actions of divorce or separation and aliment where proof is by means of affidavits;
    • Chapter II – Defended actions.
  • Schedule 7 – does not prescribe a Table of Fees but a list of proceedings or heads of work in the sheriff court which are chargeable on a detailed basis, under Schedule 5, rather than on a block fee basis, under Schedule 6.

For proceedings in the Sheriff Appeal Court, you may opt to charge either detailed fees under Schedule 5 or block fees under Schedule 6, but you cannot use both in the same case.   This provision applies both to appeals under ordinary cause and summary cause.

In this section

Introduction to civil reform fees

Submission of account of expenses: when must your final account be submitted by?

Find out when you must submit your account at the conclusion of proceedings.