Clawback and transfers of agency

If you are aware that there has been a transfer of agency then you should not submit your account either with or without a hardship application. You should contact the new solicitors to advise that you have an account which requires to be paid from any property recovered. We will not consider your application if there has been a transfer and the matter is still ongoing.

If you are the new solicitor acting in a case, you are expected to keep the previous solicitor updated and make payment of their account from any property recovered or preserved.

Solicitor hardship applications: difficulty or delay in recovering from the applicant
Review of our refusal under regulation 16(3)(a) or (b)

In this section

A&A - clawback and regulation 16(3)

Introduction to advice and assistance: property recovered and preserved provisions

Read an introduction to the issue of property recovered and preserved in civil A&A.

A&A - clawback and regulation 16(3)

Payment of A&A fees and outlays: the hierarchy of payments and where you should look to for payment

Find out about the different sources you should look to for payment of your account and their hierarchy.

A&A - clawback and regulation 16(3)

Our definition of property recovered or preserved (advice and assistance)

Learn our definition of property recovered or preserved in advice and assistance, and find various examples.

A&A - clawback and regulation 16(3)

Property recovered or preserved where your client received both A&A and civil legal aid

Read about how payment for A&A/civil legal aid accounts are linked where property is recovered or preserved, and differences between civil and A&A in this area.

A&A - clawback and regulation 16(3)

Hardship applications: grave hardship or distress to client or unreasonable difficulty or delay recovering the money - Reg. 16(3)

Read an overview of the two types of hardship applications in civil advice and assistance and what they mean for payment of your account.

A&A - clawback and regulation 16(3)

Client hardship applications: Regulation 16(3)(a)

Find out about the advice and assistance hardship application based on hardship to your client, and information you should provide with these applications.

A&A - clawback and regulation 16(3)

Solicitor hardship applications: difficulty or delay in recovering from the applicant

Find out about the hardship application process for when you’re facing difficulty or delay in recovering from the applicant, including examples.

A&A - clawback and regulation 16(3)

Review of our refusal under regulation 16(3)(a) or (b)

Find out about how you can appeal a hardship refusal.

A&A - clawback and regulation 16(3)

Clawback: our right to recover sums paid out of the Fund from the applicant

Learn about what right we have to recover any expenses or property recovered or preserved by your client to reimburse the legal aid fund.