Requirement for increase to be granted and implications for property recovered or preserved for conveyancing work

Conveyancing work is only chargeable, at advice and assistance rates, where we have granted an increase to carry out this work.  Third party costs such as stamp duty, advertising costs, estate agent’s fees or building society/bank’s administrative fees are not chargeable.

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 because of the terms of section 12(3)(c).  That section refers to property which is recovered or preserved for the client in connection with that matter, including his rights under any settlement arrived at in connection with that matter in order to avoid or bring to an end any proceedings.  What is recovered or preserved 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.

In this section

Issues arising with different types of A&A

Increases and cost-sharing between parties in family mediation

Learn more about increase and fees in family mediation under advice and assistance.

Issues arising with different types of A&A

No fees payable for precognitions for Criminal Injuries Compensation Agency work

Learn why we will not pay for precognitions for Criminal Injuries Compensation Agency work in advice and assistance cases.