Civil guidance

Guidance for the legal profession about advice and assistance and legal aid for civil matters.

See also: Civil guidance – helpful search tools

Advice and Assistance

Civil Legal Aid

Advice and Assistance Accounts

Civil legal aid accounts

Table of fees
Introduction to civil reform fees
- What types of cases are subject to civil reform fees?
- Submission of account of expenses: when must your final account be submitted by?
Detailed fees: Court of Session proceedings, Children’s Proceedings, work listed in Schedule 7 and simple procedure cases chargeable under schedule 2A
Block fees: sheriff court proceedings (no action raised or undefended)
Block fees: sheriff court proceedings (defended)
Additional fees and provision for exceptional cases in schedule 2A and schedule 6 cases
Interim payment procedure for fees and/or outlays
- Civil legal aid accounts: availability of payments to account for fees
- Civil legal aid accounts: availability of payments to account for outlays
Ruling on appearance of counsel without an agent
- Dean of Faculty ruling on appearance of counsel without an agent: relaxation of previous rules and implications

Civil guidance

Advice and Assistance

Availability of advice and assistance

Advice and Assistance application procedures

Verification of financial eligibility for advice and assistance or ABWOR

ABWOR in civil proceedings

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Increases for different types of case under A&A and ABWOR

Civil Legal Aid

Availability of Civil legal aid and application procedures

Changes of circumstances and withdrawal of legal aid

After a grant, and prior approval needed

Cost limits

Special urgency

Modified application procedures

Merits of different types of case

Assessing probable cause and reasonableness

Financial assessment

High cost and complex cases

Advice and Assistance Accounts

Introduction to civil A&A and ABWOR fees

ABWOR accounts information

Issues arising with different types of A&A

The account - outlays

Accounts - charging

Preparation and submission of an account

Who may give advice and assistance

Diagnostic interview

Payment under civil advice and assistance

Travel

Civil legal aid accounts

Introduction to civil reform fees

Detailed fees: Court of Session proceedings, Children’s Proceedings, work listed in Schedule 7 and simple procedure cases chargeable under schedule 2A

Block fees: sheriff court proceedings (no action raised or undefended)

Block fees: sheriff court proceedings (defended)

Additional fees and provision for exceptional cases in schedule 2A and schedule 6 cases

Interim payment procedure for fees and/or outlays

Ruling on appearance of counsel without an agent

Clawback and expenses

A&A - clawback and regulation 16(3)

Property recovered or preserved in civil legal aid

Expenses

Interpreting and translating

Legal aid for contempt of court proceedings