Handbooks Index

 

CHANGES TO THE CIVIL HANDBOOK SINCE APRIL 2007


We regularly update the legal assistance handbooks to reflect changes in legislation and policy.

Most of these changes are highlighted to the legal profession through mailshots or the Recorder. However, some minor changes to the commentary sections are not specifically highlighted. This page lists changes made to the commentary in the Civil Legal Assistance Handbook since April 2007 and the date of the changes.

 

NOVEMBER

PART VII, Chapter 3 - add para 3.14A

 

SEPTEMBER

Part III, Chapter 2A - update 2A.5

 

JULY 2017

Part III, Chapter 1 - update paragraph 1.8A

 

JUNE 2017

Part IV, Chapter 7 - remove paragraph 7.58

Part IV, Chapter 8 - add 8.1A & 8.1B

Part IV, Chapter 7 - add 7.52A

Part III, Chapter 5 - add 5.55B

 

MAY 2017

Part IV, Chapter 4 - changes to 4.89

 

April 2017

Part IV, Chapter 7 - changes to 7.50 and 7.53

February 2017

Part III, Chapter 1 - delete section from 1.19

January 2017

Part  IV Chapter 6A - moved 3.32 – 3.40 from end Part IV chapter 3 to create new chapter 6A – cost limits

December 2016

Part  IV Chapter 4 - update paragraph 4.92

November 2016

Part  IV Chapter 3 - add paragraph 3.31.1
Part  IV Chapter 1 - add paragraph 1.2.1
Part  IV Chapter 1 - addition to paragraph 1.1

October 2016

Part  IV Chapter 4 & 6 - Changes to 4.76B, 4.76C, 4.76D & 4.94A and changes to 6.6C,

September 2016

Part  IV Chapter 4 - Changes to 4.35 & 4.38
Part  IV Chapter 4 - Changes to 4.35 & 4.38


August 2016

Part  IV Chapter 6 - Additional paragraph 6.1.1
Part  II - Chapter 1 - change to 1.31


June 2016

Part  IV Chapter 7 - additional paragraph 7.53A, removal of 7.4 & 7.5 - renumber paragraphs
Part  IV Chapter 4 - addition to 4.34
Part  IV Chapter 6 - change to paragraph 6.6B (contact)

Part  III Chapter 5 - Additional paragraph 5.55A
Part  VI Chapter 6 - changes to whole chapter

April 2016

Part  IV Chapter 3 - Update to table 3.40

December 2015

Part  IV Chapter 1,3,4,6,7 and Part VI Chapter 1,2,4,5 - Update to take into account when the Sheriff Appeal court starts up for civil business

October 2015
Part  IV Chapter 4 - changes to 4.35,4.38 and 4.39
 

September 2015

Part  IV Chapter 1, 3, 4, 6,7 - update to include the Sheriff court reforms
 

August 2015

Part IV, Chapter 2 - change to 2.16

Part III, Chapter 2 - change to 2.4

 

July 2015

Part IV, Chapter 2 changes to 2.1, 2.11, 2.12, 2.16(a), 2.19, 2.20, 2.21, 2.21(a)

Part IV, Chapter 8 - changes to 8.4, 8.5

Part IV, Chapter 7 - additional paragraph 7.44A

Part III, Chapter 1- change to 1.8 and additional paragraph 1.8A

February 2015
Part IV, Chapter 2 - additions to 2.4

Part III, Chapter 1 - additions to 1.34

December 2014
Part I, Chapter 2 - amendments to chapter

October 2014
Part IV, Chapter 4 - replace 4.110 – 4.117

September 2014
Part III, Chapter 2 - removal of paragraph 2.26 & 2.27, additional paragraph 2.4B, amendment to paragraph 2.6

August 2014
Part VII, Chapter 1 - amend wording paragraph 1.5

July 2014
Part IV, Chapter 3 - additional paragraph 3.16

Part IV, Chapter 6 - removal of bullet point ‘v’ in section 6.2

Part IV, Chapter 7 - remove line 7.4 1st paragraph

May 2014
Part IV, Chapter 4 - additional paragraph 4.88

January 2014
Part III, Chapter 5 - additional work item removed from paragraph 37 on Guardianship

Part IV, Chapter 1 - amendments made to the chapter on availability

December 2013
Part III, Chapter 5 - template 32, form ‘IT3’ changed to form ‘ET3’

October 2013
Part III, Chapters 1, 2, 2A 3 and 5 - references to paper applications removed

Part V, Chapter 9 - references to paper applications removed

Part II, Chapter 1 - references to paper applications removed

September 2013
Part VI (A) - guidance on appearing in court without an agent

June 2013
Part VI, chapter 7 - chapter added – Translating and Interpreting guidance

Part IV, chapter 2 - references to universal credit added

May 2013
Part IV, Chapter 6 - payment of contribution amended

March 2013
Part IV, Chapter 3  - civil Case Cost guidance added

Part IV, Chapter 6 - references to universal credit added

Part III, Chapter 2A - references to universal credit added

January 2013
Part IV, Chapter 6 - revised chapter inserted

December 2012
Part IV, Chapter 3 - deleted a paragraph at 3.16

October 2012
Part IV, Chapter 4 - deleted paragraphs 4.15 and 4.16 which has changed numbering, paragraphs 4.46 and 4.47 added

Part III, Chapter 5 - paragraph 5.118 removed – template 59

Part IV, Chapter 5 - removed all references to paper processes

September 2012
Part IV, Chapter 1 - second last line in paragraph 1.17 was removed

August 2012
Part III, Chapter 1 - paragraph 1.37 text amended

Part IV, Chapter 7 - paragraph inserted at the end of 7.35

July 2012
Part III, Chapter 5 - text change to the Employment Tribunals paragraph 5.66

Part III, Chapter 3 - updated the guidance on legal aid for tribunals

Part IV, Chapter 1 - updated the guidance on legal aid for tribunals

Part IV, Chapter 4 - updated the guidance on legal aid for tribunals

May 2012
Part IV, Chapter 7 - revised guidance on supervised contact inserted.

February 2012
Part IV, Chapter 6 - removed steps j, n and p

Part III, Chapter 5 - change to medical negligence template

Part IV, Chapter 4 - updated the paragraph on caution for expenses

Part IV, Chapter 7 - replaced the paragraphs on stage reporting

Part VII, Chapter 1 - removal of bullet point at paragraph 1.5, amendment to paragraph 1.6, removal of bullet point at paragraph 1.8

November 2010
Part IV, Chapter 3 - amended paragraphs 3.7, 3.23 and 3.24.

Part IV, chapter 6 - amended paragraph 6.1

October 2010
Part III, chapter 2A - new chapter setting out the documentary evidence you should get from your client to satisfy yourself they are eligible for advice and assistance or ABWOR.

September 2010
Part IV, chapter 4 - new paragraphs 4.114-4.116 – guidance on applications for civil legal aid to defend in mortgage rights proceedings – Home Owner and Debtor Protection (Scotland) Act 2010

August 2010

Part III, chapter 5 - templates 54 and 55, on medical negligence, amended – limit for Hunter v Hanley report increased from £350 to £1,200.

March 2010
All chapters
The entire handbook was restructured, and chapter numbers altered to reflect this. The new chapter numbers are shown in brackets in the list of changes before March 2010.

Changes made other than numbering are shown below.

Part I, chapters 1,2 and 3 - miinor changes to ensure requests for registration and changes are sent to our Receipts and Payments Department, not our Compliance Unit.

Part IV, chapter 3 - this whole chapter, on reasonableness, was extensively revised.

Part IV, chapter 6 - paragraph 6.1 amended to refer to the Court of Session practice note

Part IV, chapter 9 - new chapter on high cost cases added.

Part VII, chapter 2 - this whole chapter, on clawback in civil legal aid, was extensively revised and simplified with added examples and explanations

Part VII, chapter 3 - paragraphs 3.16 to 3.22, on judicial expenses, added.

February 2010
Chapter 19 (Part VII, chapter 3) - paragraph 19.10, on modification of an assisted person’s liability to expenses, clarified

January 2010

Chapter 9 (Part VII, chapter 1) - paragraph 21 expanded to make clear the steps solicitors should take, and what we will pay for, under regulation 16(3)(b)

December 2009

Chapter 8 (Part III, chapter 5) - templates 46 and 47 amended to replace “compulsory treatment orders” with “orders” throughout.

October 2009

• paragraphs 2.33, 8.10, 10.1, 13.91, 14.1, 15.2, 16.11 and 16.21 amended to replace references to the House of Lords and Judicial Committee of the Privy Council with references to the Supreme Court

September 2009

Chapter 10 (Part IV, chapter 1)
• 10.1 – Reference to the availability of legal aid for proceedings before the Social Security Commissioners and the Child Support Commissioners removed, as legal aid is no longer available for these proceedings.

August 2009

Chapter 16 (Part IV, chapter 7)
• 16.60 – final paragraph added to cover diligence in situations relating to aliment, interim aliment or periodic allowance

June 2009

Chapter 23 (Part VI, chapter 1)
• 23.1, 23.2 and 23.3 amended to include reference to the Civil Legal Aid (Scotland) Fees) Amendment Regulations 2009
• 23.6-23.15 added

Chapter 24 (Part VI, chapter 2)
• 24.2 and 24.4 amended to reflect extension of Schedule 7 to include exceptional cases.

Chapter 27 (Part VI, chapter 5)
• 27.3 amended, and 27.5 and 27.6 added, to reflect amendments in the Civil Legal Aid (Scotland) Fees) Amendment Regulations 2009.

May 2009

Chapter 5 (Part III, chapter 2)
• 5.11 amended to clarify requests for increases not using templates.

Chapter 8 (Part III, chapter 5)
• Introductory paragraphs added to part 1 and part 2 to clarify procedure for applying for an increase not using templates.

Chapter 11 (Part IV, chapter 2)
• 11.2 – amended to include information on tapering of contributions, introduced in April 2009

Chapter 17 (Part IV, chapter 8)
• 17.3 – paragraph added to include procedure for applicant to tell us about a change in financial circumstances.

Chapter 19 (Part VII, chapter 3)
• 19.13 and 19.14 – amended to remove “severe” from “financial hardship”.

Chapter 21 (Part IX, chapter 1)
• 21.9 – information on faxes added.

April 2009

Chapter 3 (Part I, chapter 2)
• 3.20, on quality assurance, added.

Chapter 8 (Part III, chapter 5)
• Paragraphs 8.97 and 8.115 amended to remove references to templates.

Chapter 10 (Part IV, chapter 1)
• 10.21 amended to clarify that solicitors may ask for extra time to lodge an application for review of refusal, and that solicitors advising opponents should also be aware of this.


March 2009
Chapter 2 (Part II, chapter 1)
• 2.20, 2.27, 2.31, 2.34 and 2.37 amended to take account of new civil legal aid application forms, reporting forms and sanction forms.
.
Chapter 8 (Part III, chapter 5)
• 8.26 amended to refer, in first paragraph, to supporting statements to the CICA.

Chapter 10 (Part IV, chapter 1)
• 10.8, 10.9, 10.10 and 10.12 amended to take account of new civil legal aid application forms.

Chapter 11 (Part IV, chapter 2)
• 11.14 amended to take account of new civil legal aid application forms.

Chapter 12 (Part IV, chapter 3)
• 12.15 and 12.26 amended to take account of new civil legal aid application forms.

Chapter 13 (Part IV, chapter 4)
• 13.7, 13,9, 13,15, 13,57, 13,58 and 13.90 amended to take account of new civil legal aid application forms.

Chapter 14 (Part IV, chapter 5)
• 14.5 amended to take account of new civil legal aid application forms.

Chapter 15 (Part IV, chapter 6)
• 15.1, 15.3 and 15.4 amended to take account of new civil legal aid application forms.

Chapter 16 (Part IV, chapter 7)
• This chapter amended to take account of new civil legal aid application forms, including changes to reporting and the introduction of templates for sanction for experts and mediation. The numbering of this chapter has therefore changed.

Chapter 17 (Part IV, chapter 8)
• 17.3 amended to take account of new civil legal aid application forms.


October 2008

Chapter 5 (Part III, chapter 2)
• 5.4. An additional bullet point “an income-related employment and support allowance, added.

Chapter 10 (Part IV, chapter 1)
• 10.9. In the first bullet under the bullet point CIV/FIN/1, the words “an income-related employment and support allowance” have been added.

Chapter 11 (Part IV, chapter 2)
• 11.2. In the first bullet under the bullet point CIV/FIN/1, the words “an income-related employment and support allowance” have been added.
• 11.8. Income-related employment and support allowance has been added to the benefits that we can disregard.

Chapter 15 (Part IV, chapter 6)
• 15.3. In the fourth paragraph, the addition of the words “an income-related employment and support allowance”.

Appendix 5
• Section F – Income details, question 1. The words “an income-related employment and support allowance” have been added.
• Section G – Eligibility on disposable income, question 1. The words “an income-related employment and support allowance” have been added.


July 2008
Chapter 5 (Part III, chapter 2)
• 5.10. This section has been amended to show changes to the financial limits introduced by the Advice and Assistance (Limits, Conditions and Representation) (Scotland) Regulations 2008. A reference to ABWOR for Parole Board cases has also been removed.

Chapter 8 (Part III, chapter 5)
• 8.15-8.22 removed. These referred to children’s legal assistance, which is covered separately in the Scottish Legal Assistance Handbook for children’s hearings and associated court proceedings

Chapter 13 (Part IV, chapter 4)
• 13.100 onwards. These sections, on defamation and verbal injury, have been updated to reflect the new Direction in force from 4 July 2008.

May 2008
Chapter 4 (Part III, chapter 1)
• 4.4 An incorrect reference to increases in authorised expenditure in the final sentence has been amended to refer to approving a grant of standard advice and assistance.

Chapter 9 (Part VII, chapter 1)
• In 9.6 and 9.8 we specifically referred to the clawback limits currently in force. We have now amended this to give a link to the current keycard, to ensure that this information is always up to date.

April 2008
Chapter 4 (Part III, chapter 1)
• 4.9. The category of Fines enforcement and collection has been added to the list of diagnostic categories, and European Judgement Convention has been moved from that paragraph to the standard subject matters listed in paragraph 4.18.

Chapter 11 (Part IV, chapter 2)
• 11.8 A reference to pension credits was added to this section, and deleted from section 11.9.

Chapter 13 (Part IV, chapter 4)
• 13.75 Value of claim corrected.

Chapter 14 (Part IV, chapter 5)
• 14.7. The information about legal aid for cross-border disputes has been expanded to give links to information and forms on the European Commission’s website.


February 2008
Chapter 8 (Part III, chapter 5)
• 8.47 The words “tracing the opponent” replaced “having the action served on the opponent”.

January 2008
Chapter 8 (Part III, chapter 5)
• Template 41 on dampness and housing repair claims amended to take account of small claims limit.
• Template 50 on payment actions amended to take account of small claims limit.
• Template 52 on personal injuries claims between £3,000 and £10,000 amended to take account of small claims limit.
• 8.95, on personal injuries claims between £3,000 and £10,000 amended to take account of small claims limit.
• 8.99, on defective equipment, amended to take account of small claims limit.
• 8.100, on dyslexia, amended to take account of small claims limit.
• 8.108, on other types of professional negligence, amended to take account of small claims limit.
• 8.115, on small claims, amended to take account of small claims limit.

Chapter 12 (Part IV, chapter 3)
• 12.25, on claim likely to be within the small claims limit, amended to take account of small claims limit.


November 2007
Chapter 11 (Part IV, chapter 2)
• 11.25, on Adults With Incapacity (Scotland) Act 2000, added.

Chapter 13 (Part IV, chapter 4)
• 13.100 to 13.107, on defamation, added.

Chapter 16 (Part IV, chapter 7)
Additional sections were added to this chapter, and paragraph numbering therefore changed.
• 16.25 to 16.36, on employment of counsel for reparation proceedings, added.
• 16.58 to 16.60, on sanction for unusual work or work likely to incur unusually large expenditure – special measures for child witnesses and vulnerable adult witnesses, added.


August 2007
Chapter 4 (Part III, chapter 1)
• 4.14 Final bullet point, about the effective date of a grant of standard advice and assistance, clarified.

Chapter 8 (Part III, chapter 5)
• Template 58, on social security DWP decisions, amended to include GP medical report as standard additional item.
• Template 59, on appeals to the Social Security Commissioner, amended to include GP medical report as standard additional item.

Chapter 10 (Part IV, chapter 1)
• 10.2, on excepted proceedings, now includes reference to the Civil Legal aid for Defamation or Verbal Injury Proceedings (Scotland) Direction 2007.
• 10.8, on essential information for applicants, added.

Chapter 11 (Part IV, chapter 2)
• 11.2, on application forms, amended to add information about help for applicants with the financial forms, and ensuring that applicants understand the implications of a grant of legal aid.
• 11.12, on contributions, has additional paragraph about importance of paying contributions on time.

Chapter 13 (Part IV, chapter 4)
• 13.7 on divorce or dissolution (one year separation – pursuer) – we reduced the evidence we must see for these cases.
• 13.9 on divorce or dissolution (two years’ separation – pursuer) – we reduced the evidence we must see for these cases.


April 2007

In April 2007, major reforms were made to civil advice and assistance. Extensive changes were made to the relevant sections of the handbook and we have not gone into detail of these. However, we show below the sections affected. The paragraph numbers shown are those of the sections as amended.

Chapter 2 (Part II, chapter 1):-
2.2. Amended to reflect changes to advice and assistance in April 2007.
2.3. Added to show changes to advice and assistance – diagnostic and standard advice and assistance.
2.6. Amended to reflect changes to advice and assistance in April 2007.
2.7 Added to show changes to advice and assistance – diagnostic and standard advice and assistance.
2.8 Added to show changes to advice and assistance – diagnostic and standard advice and assistance.
2.9 Amended to show new civil advice and assistance forms.
2.11 Amended to show new civil advice and assistance limits and categories.
2.13 Amended to reflect changes to advice and assistance in April 2007.
2.18 Amended to reflect changes to advice and assistance in April 2007.

Chapter 3 (Part I, chapter 1):- 3.2 Bullet point asking for “your status within the organisation – for example, assistant or second year trainee” added.
3.5 Bullet point asking for trading start date added.

Chapter 4 (Part III, chapter 1):-
This chapter was extensively revised to reflect the reform of advice and assistance in April 2007:-

4.6 – 4.18 added, replacing previous text, to reflect changes to advice and assistance.
4.19 Amended to include a reference to the Children’s Legal Assistance Handbook.
4.28 Amended to reflect changes to advice and assistance.
4.30 Amended to reflect changes to advice and assistance.
4.37 Amended to reflect changes to advice and assistance.

Chapter 5 (Part III, chapter 2)
This chapter was extensively revised to reflect the reform of advice and assistance in April 2007:-
5.1 Amended to reflect changes to advice and assistance and forms.
5.2 Amended to reflect changes to advice and assistance and forms.

5.3 Amended to reflect changes to advice and assistance.
5.5 Amended to reflect changes to advice and assistance and forms.
5.6 Paragraph added about ensuring client understands declaration.
5.7 Amended to reflect changes to advice and assistance and forms.
5.9 Replacement paragraphs to reflect changes to advice and assistance and forms.
5.10 Amended to reflect changes to advice and assistance.
5.11-5.12 Amended to reflect changes to advice and assistance and forms in April 2007.
5.16 Amended to reflect changes to advice and assistance and forms.
5.22 Amended to reflect changes to advice and assistance and forms.
5.24 New section on private charging after a grant of advice and assistance.
5.27 New section about Legal Aid Online.

Chapter 8 (Part III, chapter 5) - this chapter, including templates, guidance and limits of expenditure, was completely revised in April 2007.

Chapter 9 (Part VII, chapter 1) :-
9.2 to 9.12, dealing with property recovered or preserved under advice and assistance, added.
9.18, on refusal of a hardship application not meaning the solicitor will not be paid, added.
9.21, on factors we consider under regulation 16(3)(b) greatly expanded.
9.22, on review of refusal of regulation 16(3) application, added.

Chapter 10 (Part IV, chapter 1) - 10.11 to 10.13, on the opponent’s right to lodge representations, replace previous paragraph on the copy statutory statement.

Chapter 11 (Part IV, chapter 2) - 11.13, on paying contributions in instalments, gives new bands for instalments.

Chapter 13 (Part IV, chapter 4):-  This chapter was completely revised, to reflect changes in family law and include civil partnerships.

3.94 to 13.99, on applications by children, added.

Chapter 16 (Part IV, chapter 7) - 16.25 to 16.36, on employment of counsel for reparation proceedings, added.

 Chapter 20 (Part VIII) - this chapter, on contempt of court, was added.

Chapter 22 (Part IX, chapter 2) - this chapter, on complaints and comments about the Board, was added.

Civil account - Civil accounts guidance was first published in the Handbook in May 2007.
 

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