Practical guidance to give to shorthand writers

Shorthand writers’ fees for carrying out their duties are set by Act of Sederunt. There are separate instruments for the Court of Session and sheriff court. Since 27 June 2016 there have been established arrangements in relation to travel costs for shorthand writers.

Invoices will be assessed as follows:

  1. Time spent in the performance of the duties of shorthand writer (including waiting but excluding the lunch period) during business hours of the court (“attendance time”) will be paid providing the rate claimed does not exceed the prescribed rate.
  2. Travel time shall be paid at half the attendance rate payable.
  3. Reasonably incurred travel outlays for cost effective travel are paid. Public transport should be used unless unreasonable or impracticable. Mileage allowance of £0.40 will be paid where travel by car is undertaken in situations where public transport is not reasonable or practicable.
  4. Subsistence at civil service class two rates (or such reasonable equivalent as may be adopted*) shall be payable if reasonably incurred in line with the instruments.

Solicitors instructing shorthand writer services should make clear that any invoices should provide a breakdown (and in multi-day cases/invoices, day by day) of each of the components of attendance time i.e. court, waiting, lunch period, travel time, travel outlays, and subsistence outlays.

Details of travel expenses and other associated costs can be found below:

 

In this section

After a grant, and prior approval needed

Key points about approval

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Applying for approval before, during and after a grant of legal aid

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Employment of counsel

This page includes information on arrangements for the employment of counsel under civil legal aid. It includes information on: the tests applied in our assessment of requests for counsel (whether case-related, or linked to your circumstances); timing of requests; limited use of counsel for opinions etc.; and retrospective grants for the employment of counsel.

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Instructing a medical or health professional

Read some important points to consider before instructing a medical or health professional.

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After a grant: extensions or amendments to grants of civil legal aid

This section contains information about arrangements for requesting amendments to grants of civil legal aid.

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Employment of expert witnesses

This page includes information on the employment of expert witnesses in civil legal aid. The guidance includes information on when prior approval is required; the application procedure (including use of templates); how to distinguish an expert witness and the status of certain common types of witnesses; timing of applications; how SLAB will assess experts’ costs; and cost limit information.

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Practical guidance to give to witnesses

View guidance you should send to a witness to explain their role and prevent problems at the account stage.

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Work of an unusual nature or likely to involve unusually large expenditure

This page includes information on our approach to approving ‘unusual’ work and work involving ‘unusually large expenditure.’ It sets out when prior approval is required for these types of work and provides information on several examples, including mediation; child welfare reports; family therapy; supervised contact; and vulnerable witnesses. It also includes information on documents to be submitted with these applications for approval.

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After a grant: prior approval and the execution of diligence

Find out about when prior approval is needed for the execution of diligence.

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Stage reporting

Find out about the purpose of and arrangements for stage reporting as cases progress and a list of scenarios in which reports must be provided.

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Changes of nominated solicitor

Read about arrangements for changes to the nominated solicitor in civil legal aid, including transfers between and across firms.

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TOOL: funding for child welfare report

Use this tool to find out whether you need special urgency cover, when you need sanction for the report and if an increase in the cost limit may be needed.

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TOOL: sanction required if not acting as an expert?

Find out when sanction is needed if you are consulting with or employing a professional who is not acting as an expert.

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TOOL: find a template sanction

Find out whether there is a template sanction you can use and what the authorised expenditure is.

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TOOL: common types of work involving unusually large expenditure or unusual work

Check if you need sanction for common types of work of unusually large expenditure and if there are guidelines on how cost will be assessed.