ABWOR and charges for affidavits

An affidavit in relation to judicial proceedings is considered to be a step in instituting, conducting or defending proceedings [section 6(1) of the Legal Aid (Scotland) Act 1986].

This cannot be charged for under advice and assistance.  In certain administrative proceedings it may be appropriate for you to charge for the framing of an affidavit.

These include:

  • An affidavit taken to allow for the registration of a Scottish court order in England
  • Where an insurance company has requested an affidavit before making payment of a policy

An administrative affidavit will not be allowed where we do not consider that it meets the standard of taxation that the work was actually, necessarily and reasonably done.  An affidavit taken for the purpose of a change of name, for example, would not be allowed.

These examples are not exhaustive.

ABWOR accounts and the employment of counsel: requirement of prior approval, and charges for unauthorised advocacy
ABWOR and sequestration proceedings: block fees payable and charges subsumed

In this section

ABWOR accounts information

Civil ABWOR accounts: what is ABWOR and who may provide it?

Find out the definition of ABWOR and who is able to provide this service.

ABWOR accounts information

List of ABWOR proceedings for which our prior approval is needed

Find out in which civil proceedings you will require our prior approval before granting ABWOR.

ABWOR accounts information

ABWOR accounts and the employment of counsel: requirement of prior approval, and charges for unauthorised advocacy

Learn why you must apply to us for sanction for employment of counsel.

ABWOR accounts information

ABWOR and sequestration proceedings: block fees payable and charges subsumed

Read more on sequestration proceedings and how you should charge fees in such cases.

ABWOR accounts information

ABWOR payments for hearings before tribunals

Find out what payments you are entitled to for attending hearings before tribunals, including waiting time.

ABWOR accounts information

ABWOR accounts and instructing local agents

Discover when you should consider instructing a local agent.

ABWOR accounts information

ABWOR and our assessment of fees for preparation: specific information required

Find out what specific information you should provide to support your fees for preparation.