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 can be 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.

However, where your client has work carried out under special urgency, they may be a legally assisted person for the purposes of Section 28K of the Legal Aid (Scotland) Act 1986 only.  This means they may be liable to pay a contribution for work carried out as a matter of special urgency, whether we grant legal aid or not.  Your client must continue to provide financial information to establish a proper contribution even where legal aid is refused.

In this section