The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2009

Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

9.  In Schedule 7 (sheriff court proceedings for which fees are payable under Schedule 5)–

(a) after “division and sale of heritable property;” insert “exceptional cases;”; and

(b) at the end, insert–

“Interpretation

1.— (1) For the purposes of this Schedule an “exceptional case” means any case certified as such by the Board on the application of the solicitor involved.

(2) The solicitor involved may apply to the Board not later than 4 months after the conclusion of a case to have it certified as an exceptional case.

(3) The Board will certify a case as exceptional only if satisfied that–

(a) the other party, or as the case may be at least one of the other parties, was a party litigant;

(b) there were concurrent proceedings before a children’s hearing;

(c) the solicitor involved had to apply for a transfer of agency after the fixing of a diet of proof, debate or any other hearing fixed for the purposes of settlement; or

(d) payment in accordance with Schedule 6 would not provide reasonable remuneration for the work actually, necessarily and reasonably done because the case involved–

(i) unusual court procedure for which a fee is not otherwise prescribed; or

(ii) a significantly greater volume of work than is usual for a case of that type.”.