S.19 information

You must follow the court procedure set out in Rule 6 of the Act of Sederunt (Civil Legal Aid Rules) 1987.

The main procedural rules are:

  • Application is made to the court by motion .
  • At least 28 days prior to the motion being enrolled, a mandatory pre-motion notice found at Schedule 2 in the 1987 Rules must be completed and it, along with appropriate vouching, should be sent to us.
  • Intimate the motion to us along with the notice.
  •  Once the 28 day period of notice has elapsed, enrol the motion in court along with copies of the notice form and documents sent to us.

We will provide a response to you, normally within 7 days of receipt of the notice detailing our initial position and identifying what further information or vouching we need.

For all applications the notice will require your client to:

  • Provide an estimate of the expenses.
  • Detail if there has been modification of the assisted person’s liability.
  • Address why it is considered to be just and equitable that an award be made.
  • For applications where the court is called upon to apply the financial hardship test, relevant information about your client’s financial circumstances should be provided.
  • All payments your client has made on account of your fees and outlays must be disclosed.

Where issues are raised, the 28 day period allows time for further investigation and correspondence between you and us to help resolve these.

After the 28 day period, the motion, a copy of the notice form and any vouching documents should be lodged with the relevant court.  This motion must be intimated to us.  We are entitled to make representations at the motions hearing, although we will usually advise you whether we intend to make representations before this.

Schedule 2 – Section 19 notice to SLAB

The pre-motion notice and the motion can be sent to us by email at section19apps@slab.org.uk or by post to Thistle House, 91 Haymarket Terrace, Edinburgh EH12 5HE.

Please note: This guidance is forms part of the section Expenses of unassisted party out of the Legal Aid Fund in our legal aid guidance section.