The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on 29 April 2023.
This Guidance item has been amended to reflect the new regulations.
For the regulations in force prior to 29 April 2023, please refer to the archive Guidance item.

Both summary and ABWOR fixed payments claims must be made using the online accounts re-write system.

Where there is a transfer of solicitor, the outgoing solicitor cannot submit their account until the case concludes and they are able to confirm the case conclusion details. Failing which, upon receipt of the incoming solicitors account the outgoing solicitor will be sent an online notification advising that their account can now be submitted.

However, interim payment claims can still be made by an outgoing agent prior to the conclusion of their involvement, where appropriate.

Details on how to submit the accounts guidance is on our website.

The only circumstance in which you can make more than one claim is:

The single account reflects the general scheme which provides that you cannot charge advice and assistance in addition to ABWOR, or advice and assistance/ABWOR in addition to criminal legal aid, subject to these exceptions.

As a result, we are entitled, in terms of the fees and information regulations, to disregard any claim for payment of an advice and assistance account until we believe that ABWOR or summary criminal legal aid will not be (or is unlikely to be) needed for the same matter.

We will reject an advice and assistance or ABWOR claim where we know ABWOR or criminal legal aid has been made available for the same matter.

Time limit for submitting account

You must submit your legal aid fixed payment account not later than four months after the conclusion of the proceedings for which the fixed payment legal assistance was granted.  This limit also applies to fixed payment ABWOR, not the 12 month limit applicable to advice and assistance accounts.

An account should be accompanied by any claim for fees and outlays under the criminal fees or advice and assistance regulations, where this is not inconsistent with the terms of the fixed payments regulations (see exceptions above).  You should submit these accounts together.




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