After a grant: extensions or amendments to grants of civil legal aid

You should ask for an amendment by submitting an ‘Amend’ application.  We treat these the same way as initial applications for civil legal aid, considering the tests for probable cause and reasonableness.  Your client should be reminded to tell us of any change in their financial circumstances.

Requests to amend a grant should be accompanied by the following documents:

  • a supplementary statutory statement
  • copies of any relevant reports that have been obtained
  • supplementary statement from your client and any supporting witnesses
  • copy of the pleadings to date and any interlocutors which have been pronounced.

The opponent has to receive intimation of the proposed amendment and be given an opportunity to lodge representations within 14 days.

You can carry out specially urgent work and should submit a ‘Special Urgency’  request with the ’Amend’ application [Regulation 18 Civil Legal Aid (Scotland) Regulations 2002].  The amendment begins from the date we are satisfied the statutory tests are met.  If we refuse an amend application you will need to submit a fresh one if you want us to look at it again.

Key points about approval

In this section

After a grant, and prior approval needed

Key points about approval

Learn about approvals and gain an overview of when you will need our prior approval in a civil legal aid case.

After a grant, and prior approval needed

Applying for approval before, during and after a grant of legal aid

Learn about the different requirements and available options when you are seeking approval prior to, during and once a grant of legal aid has ended.

After a grant, and prior approval needed

Employment of counsel

This page includes information on arrangements for the employment of counsel under civil legal aid. It includes information on: the tests applied in our assessment of requests for counsel (whether case-related, or linked to your circumstances); timing of requests; limited use of counsel for opinions etc.; and retrospective grants for the employment of counsel.

After a grant, and prior approval needed

Employment of expert witnesses

This page includes information on the employment of expert witnesses in civil legal aid. The guidance includes information on when prior approval is required; the application procedure (including use of templates); how to distinguish an expert witness and the status of certain common types of witnesses; timing of applications; how we will assess experts’ costs; and cost limit information.

After a grant, and prior approval needed

Instructing a medical or health professional

Read some important points to consider before instructing a medical or health professional.

After a grant, and prior approval needed

Practical guidance to give to witnesses

View guidance you should send to a witness to explain their role and prevent problems at the account stage.

After a grant, and prior approval needed

Practical guidance to give to experts

View guidance you should send to any expert you have approval for to explain their role and prevent problems at the accounts stage.

After a grant, and prior approval needed

Work likely to involve unusually large expenditure

Read about our position on work likely to involve unusually large expenditure

After a grant, and prior approval needed

Work of an unusual nature

This page includes information on our approach to approving ‘unusual’ work. It sets out when prior approval is required. It also includes information on documents to be submitted with these applications for approval.

After a grant, and prior approval needed

After a grant: prior approval and the execution of diligence

Find out about when prior approval is needed for the execution of diligence.

After a grant, and prior approval needed

Stage reporting

Find out about the purpose of and arrangements for stage reporting as cases progress and when you need to make an unprompted stage report.

After a grant, and prior approval needed

Closed Material Procedure under the Justice and Security Act 2013

Guidance on how to notify us when the Closed Material Procedure has been invoked

After a grant, and prior approval needed

Changes of nominated solicitor

Read about arrangements for changes to the nominated solicitor in civil legal aid, including transfers between and across firms.

After a grant, and prior approval needed

TOOL: funding for child welfare report

Use this tool to find out whether you need special urgency cover, when you need sanction for the report and if an increase in the cost limit may be needed.

After a grant, and prior approval needed

TOOL: prior approval required if not acting as an expert?

Find out when prior approval is needed if you are consulting with or employing a professional who is not acting as an expert.

After a grant, and prior approval needed

TOOL: find a template prior approval

Find out whether there is a template prior approval you can use and what the authorised expenditure is.

After a grant, and prior approval needed

TOOL: common types of work involving unusually large expenditure or unusual work

Check if you need prior approval for common types of unusual work and if there are guidelines on how cost will be assessed.