Coronavirus (Scotland) Act 2020 Explanatory Notes

Recovery of overpayment of interim fees or outlays paid to firms

184.Paragraph 22 provides the Scottish Legal Aid Board with additional powers to recover overpayments which follow from the making of an interim payment. Where an interim payment has been paid to a firm on the instruction of the solicitor making the claim, and on assessment of a final account the Scottish Legal Aid Board determines that an overpayment has been made, the firm to whom the payment was made will now also be liable, along with the solicitor, to repay any excess sum. If payment remains due, deductions can be made from future payments due from the Scottish Legal Aid Fund to any solicitor of the firm.

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