All work carried out under regulation 18 in a case which does not proceed to civil legal aid is chargeable on a detailed basis [Regulation 18 of The Civil Legal Aid (Scotland) Regulations 2002]. The only exception to this rule is where the proceedings relate to summary cause proceedings where the account must be prepared on the basis of block fees [Schedule 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989]. The block fees apply to all work including work done under regulation 18 where civil legal aid is made available at any time.

In the unusual event of a change of solicitor, in a case that does not proceed to a grant of civil legal aid, both you and the other solicitor should charge on a detailed basis for work carried out. However, if the case proceeds to civil legal aid both solicitors must submit a block fee account for all work carried out. The outgoing solicitor should await our decision on the civil legal aid application before submitting an account to ensure it is prepared on the correct basis.

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