Courts and tribunals in which civil legal aid is available

The courts in which civil legal aid is available are:

  • The sheriff court
  • The Court of Session
  • The Supreme Court
  • The Lands Valuation Appeal Court
  • The Scottish Land Court and
  • The Sheriff Appeal Court

Legal aid is also available:

  • in relation to proceedings before any person to whom a case is referred in whole or in part by one of these courts
  • in proceedings in the Lands Tribunal for Scotland and the Employment Appeal Tribunal
  • in proceedings before the Proscribed Organisations Appeal Commission, set up under the Terrorism Act 2000, to any person affected by the refusal of the Secretary of State to remove an organisation from the list of proscribed organisations.
  • in an appeal to the Upper Tribunal for Scotland and petitions for judicial review remitted to the Upper Tribunal for Scotland from the Court of Session
  • in an appeal to the Social Security Commissioners (only in relation to proceedings for which civil legal aid or ABWOR was made available on or after 9 June 2010) before the Upper Tribunal where the proceedings arise from an application to the supervisory jurisdiction of the Court of Session that has been transferred under section 20 of the Tribunals, Courts and Enforcement Act 2007.

If one of these courts makes a reference to the European Court of Justice under Article 234 of the EEC Treaty, proceedings in the European Court of Justice are part of the proceedings in the court making the reference. Any grant of legal aid for proceedings in a “domestic” court would, therefore, cover the proceedings in the European Court in connection with the reference.

Applications by corporate or unincorporated bodies and sole traders
Proceeding for which civil legal aid is not (or only partially) available: ‘excepted proceedings’

In this section

Availability of Civil legal aid and application procedures

Definition of civil legal aid

Read the definition of civil legal aid and the legislative source.

Availability of Civil legal aid and application procedures

Applications by corporate or unincorporated bodies and sole traders

Find out why only a person can apply for legal aid and when it is reasonable for sole traders and individual partners of firms to receive assistance.

Availability of Civil legal aid and application procedures

Proceeding for which civil legal aid is not (or only partially) available: ‘excepted proceedings’

Find out about the range of proceedings for which civil legal aid is not generally available, known as ‘excepted proceedings’.

Availability of Civil legal aid and application procedures

Civil legal aid: statutory tests for applications

Read about the statutory merits tests applied to applications for civil legal aid.

Availability of Civil legal aid and application procedures

Other rights or facilities

Read our approach to any other rights and facilities available to your client and when we consider it reasonable to grant legal aid in these circumstances.

Availability of Civil legal aid and application procedures

Civil legal aid for matters outwith Scotland

Find out about the availability of and procedures for civil legal aid for matters outwith Scotland.

Availability of Civil legal aid and application procedures

What date is legal aid effective from?

Guidance on the effective date of a grant of legal aid

Availability of Civil legal aid and application procedures

The essential components of a civil legal aid application: forms, statutory statements, declaration

This page sets out the key information that must be provided with an application for civil legal aid. It includes guidance on information you should make applicants aware of before applying; identifying the correct application form; and how to provide an effective statutory statement.

Availability of Civil legal aid and application procedures

Civil legal aid and the role of opponents

Find out about the role of opponents in the civil legal aid application process, including their right to lodge representations.

Availability of Civil legal aid and application procedures

Civil legal aid applications: statements and other documents we need

Read about the range of supporting documents and statements we expect to see when assessing applications for civil legal aid, and how to provide them.

Availability of Civil legal aid and application procedures

Rejection of civil legal aid applications: consequences of missing information

Find out what is meant by a ‘rejected’ application for civil legal aid, its potential consequences, and how you can remedy this situation.

Availability of Civil legal aid and application procedures

Civil legal aid applications by someone unable to sign or suffering from a mental disorder

Read our position on civil legal aid applications by someone unable to sign or suffering from a mental disorder

Availability of Civil legal aid and application procedures

Civil legal aid applications by person resident outwith the UK

Find out about special arrangements for civil legal aid applications by person resident outwith the UK and when we may waive these conditions.

Availability of Civil legal aid and application procedures

Civil legal aid application by or on behalf of children: assessing ‘general understanding’ of instructing a solicitor

Read about how the availability of civil legal aid for children, and the additional information that you must form a view on: ‘general understanding’.

Availability of Civil legal aid and application procedures

Our power to modify or impose conditions on grants of legal aid

An overview of our power to modify or impose conditions on grants of legal aid.

Availability of Civil legal aid and application procedures

Refusal of legal aid applications

Find out the potential reasons we may refuse applications; the process by which this decision can be reviewed; and relevant information you must provide.

Availability of Civil legal aid and application procedures

Applications for civil legal aid for proceedings where we are a party

Read our guidance on applications for civil legal aid for proceedings where we are a party, how to address minimum requirements, and the process for a review.

Availability of Civil legal aid and application procedures

Disputing information: what to send us if you are acting on behalf of your client who is the opponent

Find out the types of information to send us if you are acting on behalf of an opponent of an application and wish to dispute the financial info provided.