Termination of civil legal aid on change of circumstances

We may terminate a grant of legal aid under Regulation 30 of the Civil Legal Aid (Scotland) Regulations 2002 in the following circumstances:

  • Where it is clear your client is not financially eligible for legal aid and they can afford to proceed without legal aid.
  • Where there is no longer probable cause, or where it is no longer reasonable to give legal aid.

Termination in these circumstances does not affect your client’s status as an assisted person retrospectively. We are not entitled to recover the costs of the case, other than:

  • Any previously assessed contribution.
  • Any funds that at the conclusion of the case fall to be regarded as property recovered or preserved.

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