Reimbursement of outlays: circumstances in which reimbursement is available

You are entitled in certain circumstances to apply for reimbursement of outlays including counsel fees, which are treated as an outlay in your account.

The outlays do not have to be paid prior to submitting the payment request. However, we would expect the outlay to be paid to the third party within a reasonable period of time.

Reimbursement of outlays: the criteria applied

An interim payment can only be made in “non-monetary” cases. Cases where there is no potential for payment of expenses or preservation or recovery of property. This is because there is no certainty that you will ever submit an account [section 12 of the Legal Aid (Scotland) Act 1986].

You can apply to us for reimbursement of outlays in the following circumstances
On production of an invoice

  • Where the total disbursements in a case are at least £100 either for a single outlay or accumulated outlays in the same case.
  • The advice and assistance relates to a case where there is no potential payment of expenses or for recovery or preservation of property.

We will not reimburse the cost of mileage as this is a business expense and not an outlay incurred.

We will assess the outlay as far as is practical based on the information provided. Payment at this stage does not imply that the level of the outlay is reasonable, until we consider the final account.

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