Legal aid provision for the Upper Tribunal for Scotland


Friday, Nov 25, 2016

Upper tribunal for Scotland

This update provides information about changes to the regulations relating to civil legal aid and associated fees and outlays.

With effect from 1 December 2016, civil legal aid will be available in respect of appeals to the Upper Tribunal for Scotland and petitions for judicial review remitted from the Court of Session to that Tribunal. 

Proceedings before the Upper Tribunal for Scotland are to be treated as distinct proceedings for the purposes of civil legal aid. 

The tables of fees and outlays payable to solicitors and counsel will also be amended with effect from 1 December 2016, to have regard to work undertaken in relation to proceedings in the Upper Tribunal for Scotland. 

It will be necessary to obtain the prior approval of SLAB to instruct counsel for proceedings in this Tribunal.  The relevant amending regulations can be accessed by the following links:

The Legal Aid (Scotland) Act 1986 Amendment Regulations 2016

The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2016

For more information please contact Kieran Burke, Legal Services department E:burkeki@slab.org.uk


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