Legal aid cover where there is a successful 2011 Act appeal and a remit to the sheriff court for disposal

Where a 2011 Act appeal before the Sheriff Appeal Court or Court of Session, by any party, including the Reporter, is successful or part successful and remitted back to the sheriff for disposal:

  • The original grant of legal aid for the proceedings before the sheriff should be used to claim for work in connection with that court disposal hearing.
  • You can charge for this work under the original legal aid reference number of the legal aid certificate that was granted for the appeal before the sheriff.
  • You can submit a supplementary account in these circumstances assuming you have already submitted the account for the Sheriff Court proceedings.

However, any approval for counsel to conduct the Sheriff Court proceedings will not still stand and a fresh application for approval will be required if you wish counsel to continue to conduct the remit proceedings before the sheriff.


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