Assessment of special urgency applications: tests applied by us

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In assessing any application submitted for cover in terms of regulation 18(1)(b) of the Civil Legal Aid (Scotland) Regulations 2002, we have to decide if the work to be done is needed as a matter of special urgency to protect the position of your client.

Application on same proceedings already refused

We can refuse approval where your client’s earlier application for the same proceedings has been refused, treated as abandoned or terminated, unless you satisfy us that there is a realistic prospect that legal aid will be granted on review or in a further application.

Your client fails to provide sufficient information

We are not obliged to grant approval where:

  • Your client has failed to provide us with sufficient information
  • Information has not been supplied because of undue delays on your part
  • We are not satisfied that prima facie the merits test are likely to be met

Despite this, you are always entitled to lodge an application for civil legal aid.

Arrangements for collection of your client’s contributions in special urgency: the client mandate
Special urgency guidance: family cases

In this section

Special urgency

Cover for work done before a decision on the legal aid application: the nature and types of special urgency

Read more on how to get cover for urgent work that must be done before a decision on legal aid is given.

Special urgency

Special urgency: satisfying yourself that a client is financially eligible

Satisfy yourself that your client is financially eligible for civil legal aid with reference to income, capital and benefits.

Special urgency

List of circumstances in which you may undertake urgent work without prior approval

Read the list of circumstances where urgency work can be done without our prior approval (as long as you comply with Reg 18 of the Civil Regulations 2002)

Special urgency

Arrangements for collection of your client’s contributions in special urgency: the client mandate

Read about the importance of online declaration for special urgency work and information about contributions in this context.

Special urgency

Special urgency guidance: family cases

This page sets out our approach to assessing special urgency in various family cases including contact/residence; minutes to vary; minutes for failure to obtemper; and in relation to obtaining reports ordered by the Court.

Special urgency

Rejected or continued applications for civil legal aid: limited circumstance in which special urgency is available

Read general guidance on how we approach the special urgency test in the event of delay in seeking cover.

Special urgency

The importance of providing reasons for special urgency in the body of your application

Find out the sort of information we need within the application to show special urgency with an explanation of why we need this.

Special urgency

Special urgency, expenses, and property recovered or preserved: circumstances where we may not be able to pay you

Learn about situations under Regulation 18(7) when we might not be able to pay you and how this relates to expenses.

Special urgency

Status of your client under special urgency: contributions and requirement to provide financial information

Guidance on understanding status of your client under special urgency, implications for contributions and requirement clients provide financial information.

Special urgency

Special urgency and extension or amendments to existing legal aid

View information about when an online declaration is not required for work under special urgency.

Special urgency

Special urgency and sanction applications: usual sanction procedure applies

Read information on the procedure for applying for sanction for work carried out under special urgency provisions.

Special urgency

Special urgency and undertaking necessary collateral work: timing issues

View information about undertaking necessary collateral work under special urgency and example of when a further Regulation 18(1)(b) certification is required.

Special urgency

Special urgency work’s status: issues your client to be aware where it is not a grant of legal aid

Read guidance on the status of special urgency and potential implications for your client.

Special urgency

Special urgency situations where the client does not comply with our requests for information: potential effects

Find out the implications of not completing the financial assessment where work is done under the special urgency provisions.

Special urgency

Special urgency: procedure for exemption from court fees

Learn about the procedure for exempting work carried out under special urgency from court fees.