Supporting information you should send with the application for an appeal under the 2011 Act

When applying for legal aid for a 2011 Act appeal to the Sheriff Appeal Court or the Court of Session, you should provide us with:

  • Any relevant legislation and case law and draw our attention to the relevant passages.
  • Any written judgement or Note by the sheriff or Sheriff Appeal Court of the decision to be appealed against or responded to highlighting any relevant passages.
  • A copy of the Application to state a case and the draft or final Stated Case or an  explanation as to why they are not yet available.
  • If the application relates to an appeal to the Court of Session against a decision of the Sheriff Appeal Court, confirmation that leave to appeal has been granted by the Sheriff Appeal Court.
  • Any opinion already received from counsel.

Unless your client is a section 126 individual we need to be satisfied that there are substantial grounds to appeal or respond to an appeal.  A simple statement in the application stating that substantial grounds exist and that it is reasonable to grant legal aid is not enough.

A section 126 client needs to satisfy the effective participation test.  We therefore require detailed information from you to support this.  A simple statement on the application stating that the effective participation test has been met and that it is reasonable to grant legal aid is not enough.

Opinion of counsel

We do not expect to see an Opinion from Counsel in every application for a 2011 Act appeal.  However, if this has been obtained you should send us this.

If we need to consider an Opinion from Counsel regarding the application we will continue your application and ask you to provide this.

If you had legal aid and approval for counsel to conduct the court hearing that is now being appealed, then that previous grant of legal aid will cover such an Opinion and you do not require our prior authority to obtain this.

Where we have requested an Opinion, but your client did not have legal aid for the proceedings being appealed and/or did not have approval for counsel to conduct the court hearing then an increase in advice and assistance can be sought for this if your client is eligible.

In any advice and assistance increase request for this purpose you should specifically state that we have requested this and provide the legal aid reference number of the appeal application. This will ensure you get a quicker decision.

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