Situations in which retrospective authority for a case cost increase may be granted
Usually, you need our prior approval to exceed the cost limit. We may grant an increase in the limit retrospectively if we are satisfied that the additional funding would have been agreed and that there is a good reason why prior approval was not asked for. This is more than simply forgetting to ask.
Suitable reasons may include:
Where you are ordered to meet the expenses of a particular outlay and the liability for this cost was not known in advance of the work being ordered
Additional court days are allocated for a case and there is no time to ask us for extra funding
Urgent situations where work may be essential and there is no time to seek a prospective increase
Where you have taken over acting for your client from a previous solicitor and did not have full details of their costs
If you apply for exceptional case status or an additional fee post- case, we will be prepared to consider a request for a retrospective increase in case costs if needed. This happens once your costs have been calculated on a detailed basis.
In this section
Cost limitations on grants of civil legal aid: how the limit is calculated and what is covered
Find out more about cost limitations on grants of civil legal aid, how the limit is calculated and what is covered.
The importance of monitoring your case costs: considering sufficient expenditure
Learn about why you need to ensure you have sufficient expenditure in place for all the work you need to undertake.
Case cost limits: payments from the Fund and judicial expenses cases
Find out why the cost limit is not relevant on your case if you obtain judicial expenses.
Applying for funding beyond the standard cost limit: factors to be addressed
Find out what factors we have to consider when assessing your application for a higher level of expenditure.
Seeking a review of the case cost limit applied: procedure and information to provide
Find out the details you need to submit if you are seeking a review of the cost limit of your case.
Applying for an increase beyond the standard cost limit: procedure and information to provide
Learn about the information you need to include in your AMEND application when applying for an increase in your case cost limit.
Increases in long running cases or with multiple legally-aided parties: our monitoring role
Learn about when we will monitor long running cases and what form this will take.
TOOL: standard cost limit of your case
Use our case costs limit tool to view relevant information about your civil legal aid work.