List of circumstances in which you may undertake urgent work without prior approval
Regulation 18 of the Civil Legal Aid (Scotland) Regulations 2002 gives the full list of circumstances in which you may undertake specially urgent work:
Appropriates steps to intimate an intention to oppose proceedings
Appropriate steps to state the basis upon which proceedings are opposed
Appropriate steps to repone or otherwise recall a decree in absence
Moving to sist further procedure or opposing the recall of a sist
Moving to prorogate the time for compliance with any order or rule
Moving or opposing a motion for discharge of any diet
Moving for or opposing decree by default
Moving for or opposing a motion for summary decree
Initiating proceedings to avoid time-bar
Opposing interim orders of any kind
Moving for or opposing an exclusion order
Moving for or opposing an order for a power of arrest
Opposing an application by a local authority for a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007;
Obtaining warrant for inhibition on the dependence or arrestment on the dependence, including (where not already done) initiating proceedings containing an application for such warrant, and taking steps to have the warrant executed
Initiating proceedings for suspension or suspension and interdict
Initiating or opposing appellate proceedings other than such proceedings in the Supreme Court
Initiating such proceedings as are necessary to enable an application to be made for interim liberation in an immigration matter
Initiating an application to the Court of Session which is certified by the Scottish Ministers to be a Convention application as defined in regulation 45.
In this section
Cover for work done before a decision on the legal aid application: the nature and types of special urgency
Read more on how to get cover for urgent work that must be done before a decision on legal aid is given.
Special urgency: satisfying yourself that a client is financially eligible
Satisfy yourself that your client is financially eligible for civil legal aid with reference to income, capital and benefits.
Arrangements for collection of your client’s contributions in special urgency: the client mandate
Read about the importance of online declaration for special urgency work and information about contributions in this context.
Assessment of special urgency applications: tests applied by us
View factors that may suggest to us that there is no special urgency when considering the application.
Special urgency guidance: family cases
This page sets out our approach to assessing special urgency in various family cases including contact/residence; minutes to vary; minutes for failure to obtemper; and in relation to obtaining reports ordered by the Court.
Rejected or continued applications for civil legal aid: limited circumstance in which special urgency is available
Read general guidance on how we approach the special urgency test in the event of delay in seeking cover.
The importance of providing reasons for special urgency in the body of your application
Find out the sort of information we need within the application to show special urgency with an explanation of why we need this.
Special urgency, expenses, and property recovered or preserved: circumstances where we may not be able to pay you
Learn about situations under Regulation 18(7) when we might not be able to pay you and how tihs relates to expenses.
Status of your client under special urgency: contributions and requirement to provide financial information
Guidance on understanding status of your client under special urgency, implications for contributions and requirement clients provide financial information.
Special urgency and extension or amendments to existing legal aid
View information about when an online declaration is not required for work under special urgency.
Special urgency and sanction applications: usual sanction procedure applies
Read information on the procedure for applying for sanction for work carried out under special urgency provisions.
Special urgency and undertaking necessary collateral work: timing issues
View information about undertaking necessary collateral work under special urgency and example of when a further Regulation 18(1)(b) certification is required.
Special urgency work’s status: issues your client to be aware where it is not a grant of legal aid
Read guidance on the status of special urgency and potential implications for your client.
Special urgency situations where the client does not comply with our requests for information: potential effects
Find out the implications of not completing the financial assessment where work is done under the special urgency provisions.
Special urgency: procedure for exemption from court fees
Learn about the procedure for exempting work carried out under special urgency from court fees.