Special urgency work’s status: issues your client to be aware where it is not a grant of legal aid

It is important to note that the work done under special urgency is not a grant of legal aid.  You must still apply for legal aid before the work is covered.  We may grant legal aid if we are satisfied that the tests for legal aid were met at the time the work was done.

If legal aid is not granted, arrangements exist that protect you but not your client.  Your client is not entitled to the benefit of modification of liability in expenses. It is important to bear this in mind when raising proceedings about to become time-barred.  Where work is being done solely by virtue of the provisions of regulation 18 of the Civil Legal Aid (Scotland) Regulations 2002, your client should not be labelled an assisted person.

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