Points in proceedings which may trigger a recovery or preservation of property

Section 17(2B) explains that the recovery or preservation takes place either in the proceedings or under any settlement arrived at to prevent them or bring them to an end.  Property could be recovered or preserved could be made in the following situations:

  • under a decree in the proceedings, whether following proof or otherwise,
  • under an extra-judicial settlement bringing the proceedings to an end, and
  • under an extra-judicial settlement after civil legal aid has been granted, but before any proceedings have been raised.

 

In the last example, you should remember that you cannot provide advice and assistance in parallel to civil legal aid once civil legal aid has been granted.  Section 7(2) of the Act prohibits giving advice and assistance in relation to proceedings for which legal aid has been made available.

Defining ‘recovery and preservation of property’
Recovery or preservation of property in matrimonial proceedings

In this section

Property recovered or preserved in civil legal aid

‘Clawback’ in civil legal aid: our right to recoupment from property recovered or preserved

Find out about ‘clawback’ provisions and their legislative sources

Property recovered or preserved in civil legal aid

Legal background and rationale for property recovered or preserved provisions in civil legal aid

Find out about the legal background and reasons for the clawback provisions in legal aid.

Property recovered or preserved in civil legal aid

Property recovered or preserved: calculating the net liability to the Fund

Find out how the net liability to the Fund is calculated and what impacts on it

Property recovered or preserved in civil legal aid

Defining ‘recovery and preservation of property’

This section contains the definitions and examples of ‘recovery and preservation of property.’

Property recovered or preserved in civil legal aid

Recovery or preservation of property in matrimonial proceedings

Read about the ways in which recovery or preservation of property may occur in matrimonial proceedings, and interactions with Family Law (Scotland) Act.

Property recovered or preserved in civil legal aid

Exemptions from clawback in civil legal aid

This section provides direction to the relevant regulation on clawback exemptions.

Property recovered or preserved in civil legal aid

Concluding a case: information you should provide to help us assess whether property has been recovered or preserved

Read information about concluding a case and providing appropriate information on property recovered or preserved.

Property recovered or preserved in civil legal aid

Clawback in civil legal aid: payment and enforcement of the net liability

Read about the steps which you and SLAB can take in enforcing the net liability, including steps in diligence.