When a party is granted legal aid to initiate proceedings this can sometimes act as a catalyst for the opponent to actively seek to achieve a remedy which avoids the expense involved in raising court proceedings.
Depending on how the case has concluded you have the option to charge an inclusive fee in any of the following circumstances:
The factors we will take into account in assessing any claim based under paragraphs 1 or 2 above are:
between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.
Where you are making a claim under either paragraph you should provide a brief narrative outlining the work that you have undertaken with reference to the above factors in support of the fee claimed. This will allow us to reach an informed view of the fee that is payable.
If we are not satisfied as to the level of fee that has been claimed we will, wherever possible, propose an offer in settlement and ask for more information in support of the fee claimed. We may ask for your file if we are unable to reach agreement.
We can only make payment where settlement is effected or where it is not effected but where an outcome or disposal is effected through negotiation and other forms of participation by the solicitor.
We cannot allow a fee where the client simply fails to engage with you after the grant of legal aid or where no evidence is provided that an outcome or disposal has been negotiated.
Block fees: sheriff court proceedings (no action raised or undefended)
Find out which fees are payable for undefended actions in the sheriff court in actions of divorce, separation and aliment.