Sanction for unusual work or unusually large expenditure
The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on 29 April 2023. This Guidance item has been amended to reflect the new regulations.
For the regulations in force prior to 29 April 2023, please refer to the archive Guidance item.
The normal rules as to sanction for work of an unusual nature or likely to involve unusually large expenditure apply.
It should be noted that such sanction can never authorise or cover a fee being payable to you, the solicitor, in excess of the prescribed fixed payments. In the unlikely event that we wrongly grant sanction in these terms, we cannot pay you more than the prescribed fixed payments chargeable in the case. If you carry out criminal legal assistance, you will be aware of the regulations within which you are working, and you should know that such a purported grant and any associated payment would be ultra vires our powers.