Work done after the issue of a civil legal aid certificate, and therefore not chargeable under advice and assistance, where no action is raised is chargeable under Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989, Chapter I, Part I block fees.
Payment is provided in a situation where your client has civil legal aid but a settlement or disposal is reached through negotiation, without an action being raised. This mainly applies if your client is the pursuer and the opponent is prepared to discuss matters with a view to settlement. Two separate fees are designed to accommodate the different manner in which cases may be negotiated or disposed of.
To claim this fee, you must provide vouching for work by way of meetings, correspondence etc.
This fee applies where settlement is negotiated and a minute of agreement or separation agreement is formally entered into. A fee of between 10 to 19 units applies, depending on the level of work undertaken.
This fee applies where no formal settlement is effected, but an outcome or disposal is reached following your active participation. A fee is payable only where it can be demonstrated that, following the grant of civil legal aid, you undertook significant work by way of negotiation with the opponent and/or the opponent’s solicitor. A fee of between 5 to 10 units applies, depending on the level of work undertaken.
Where either of the above fees is claimed, you must clearly document the work done. As the level of fee payable depends on the volume of work undertaken, we recommend that you also send us the file. This will avoid us having to ask for further information.
Factors that we (or an Auditor) may have to take into account in assessing a claim are:
Which justifies the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or your client.
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.