Special urgency, expenses, and property recovered or preserved: circumstances where we may not be able to pay you

If your client receives legal aid, any expenses must be paid into the Legal Aid Fund at the end of the case.  This is a statutory requirement. However, there is no facility for payment of expenses out of the Fund.

If the money paid into the Fund is less than we have paid out, we will seek payment from any contribution or property recovered.  If we determine that either of the following two situations applies you do not have to pay in any expenses recovered:

  • Your client is not assisted and there is no net liability
  • You cannot be paid under legal aid

Therefore, we can release any money we have received.

The reasons provided in Regulation 18(7) of the Civil Legal Aid (Scotland) Regulations 2002 for us not being able to pay are:

  • You did not have reasonable grounds for believing your client would be eligible for legal aid [section 15 of the Legal Aid (Scotland) Act 1986]
  • The work was not “actually, necessarily and reasonably done due regard being had to economy”

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