https://www.slab.org.uk/guidance/caution/
https://www.slab.org.uk/guidance/caution/
Premiums for bonds of caution may be met by us in guardianship proceedings and certain executry matters.
Where the court considers your client has no basis for their claim and little likelihood of success, it may order your client to find caution for expenses as a condition for continuing with their case. The court will usually fix an amount for the individual to pay into the court. This money is there to make sure the expenses of an opponent can be met at the conclusion of the case.
We cannot meet the costs of caution if such an order is made. You must tell us if such an order is made and comment on the appropriateness of legal aid continuing. In such cases, we may terminate the grant.
Where your client is seeking an appointment as a guardian to an adult with an incapacity or an intervention order in relation to the adult, they may need a bond of caution. An insurance company will provide this bond subject to payment of a premium, this is usually chargeable against the estate of the adult with incapacity. This will indemnify that adult against any error or maladministration on the part of the guardian or intervener.
In situations where a guardian has a grant of legal aid to cover the cost of the guardianship proceedings to secure their appointment, then we will meet the costs of the premium for the initial bond of caution.
If the premium exceeds £3000 then you will need to apply for our prior approval for unusually large expenditure before incurring this outlay.
Merits of different types of case
This page includes merits information for various types of cases involving disputes over children. The case types covered include: adoption and permanence orders; orders relating to parental rights and responsibilities; contact and residence orders; specific issue orders; minutes to vary; and minutes for failure to obtemper. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of divorce (or dissolution) cases without craves for financial provision. The case types covered include divorce based on one or two year separation; on grounds of adultery; and on the basis of interim gender recognition certificate. Information is included for defenders and pursuers. Information is also included for cross-actions and Court of Session cases.
Merits of different types of case
This page includes merits information for various types of divorce cases with financial provision. The case types covered include capital sum orders; transfer of property orders; earmarking orders; incidental orders in terms of section 14(2) of the Family Law (Scotland) Act 1985; and pension sharing orders. It covers the kinds of information we expect to see with these types of applications.
Merits of different types of case
This page includes merits information for various types of interdict (etc.) cases. Types of cases covered include: general interdicts (including non-molestation orders); matrimonial and domestic interdicts; breaches of interdict and power of arrest; non-harassment orders; and applications to revoke or vary orders. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of applications in relation to reparation actions. The case types covered include: road traffic accidents; accidents at work; industrial disease cases; professional negligence claims; and condensation/dampness claims. Evidential requirements are included alongside information for both pursuers and defenders where relevant.
Merits of different types of case
This page includes merits information for applications in relation to various types of appeal, and associated evidential requirements. The case types covered include: appeals against refusal of permission; licensing appeals; appeals to the UK Supreme Court; appeals against the First Tier and Upper Tribunals; appeals against the Social Security Commissioners, and information you should provide with your application.
Merits of different types of case
This page includes merits and other practical information for various types of action before the First Tier Tribunal for Scotland (Housing and Property Chamber). It includes the type of actions for which legal aid is available; operational guidance on how we consider these types of applications; and the evidence you should provide with your applications. The fees available are also included.