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

Where an appeal before the Sheriff Appeal Court or Court of Session, by any party, including the Reporter, is 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 legal aid reference number of the legal aid certificate pertaining to the grant for the appeal before the sheriff.
  • If you have already submitted an account for this work it is open to you to submit a supplementary account in these circumstances.

However, it should be noted that any sanction for counsel to conduct the proceedings will not still stand and a fresh application for sanction will be required if you wish counsel to continue to conduct proceedings before the sheriff.

 

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