What information should be provided in support of an application for sanction for unusual expenditure or work likely to involve unusually large expenditure?

Documents to be submitted

With the application for sanction itself, you should:

  • Send us a copy of the disputed Statement of Grounds or Grounds of Appeal or Stated Case.
  • Draw our attention to averments relevant to the application.
  • Highlight relevant passages in any lengthy documents you send in support of the sanction application.

If you have already sent the above documents into us in relation to an earlier sanction application or the full application for legal aid, you do not require to resend them; simply make reference to them in the body of the sanction application.

Issues to be addressed

Where the work involves getting an order of the court, such as a Petition for Specification of Documents, you should get our approval before the court is asked to consider the matter.  The application should:

  • Address, in detail, why you believe the work is essential.
  • Show that all reasonable alternatives have been considered.
  • Give full costings both for the course of action proposed and for possible alternative courses of action.

Details of costs to be provided

When applying for sanction for work of an unusual nature or likely to involve unusually large expenditure, you should:

  • Give a full breakdown of the likely costs.
  • State what fees are proposed, including fees for reports, attendance at court and travel time, with a statement of the basis of charge, for example, an hourly or daily rate.
  • Specify individually any likely outlays.
  • In any travel costs, include a note of the form of travel to be used.
  • Specify any subsistence and overnight accommodation charges.
  • Fully explain the need for the unusual work or work that is going to involve unusually large expenditure.

Any sanction granted may include a condition that costs may not exceed a specified amount or that certain steps of specified work may not be carried out.

Retrospective grants of sanction

We may grant retrospective approval of sanction for unusual work or unusually large expenditure, but only if:

  • We would have done so if prior approval had been sought.
  • We consider there was special reason you did not apply for prior approval.

We do not regard oversight or ignorance of the regulations as a special reason. The provisions for retrospective sanction do not apply where prior approval was sought but refused.

In this section