A&A for conveyancing work: requirement for increase to be granted and implications for property recovered or preserved

Conveyancing work is only chargeable, at advice and assistance rates, where we have granted an increase to carry out this work.

Third party costs are not chargeable, such as:

• Stamp duty
• Advertising costs
• Home reports
• Estate agent’s fees
• Building society/bank’s administrative fees

The money raised from the sale of heritable property is considered to be property recovered or preserved and should be applied to fees and outlays in accordance with [Section 12(3)(c) of the Legal Aid (Scotland) Act]. What is recovered or preserved by the assisted person in advice and assistance goes beyond bricks and mortar or cash and includes the vindication of an individual’s rights and the achievement of a remedy.  To this extent, it can differ in some respects from the situation where property is recovered or preserved under civil legal aid.