Exemptions from clawback in civil legal aid

You should refer to regulation 33, which contains a list of full and partial exemptions from clawback.  This list does not exactly mirror the list of exemptions from property recovered or preserved for advice and assistance.  If the particular property recovered or preserved is not described in regulation 33, it is not exempt from clawback.

Recovery or preservation of property in matrimonial proceedings
Concluding a case: information you should provide to help us assess whether property has been recovered or preserved

In this section

Property recovered or preserved in civil legal aid

‘Clawback’ in civil legal aid: our right to recoupment from property recovered or preserved

Find out about ‘clawback’ provisions and their legislative sources

Property recovered or preserved in civil legal aid

Legal background and rationale for property recovered or preserved provisions in civil legal aid

Find out about the legal background and reasons for the clawback provisions in legal aid.

Property recovered or preserved in civil legal aid

Property recovered or preserved: calculating the net liability to the Fund

Find out how the net liability to the Fund is calculated and what impacts on it

Property recovered or preserved in civil legal aid

Defining ‘recovery and preservation of property’

This section contains the definitions and examples of ‘recovery and preservation of property.’

Property recovered or preserved in civil legal aid

Points in proceedings which may trigger a recovery or preservation of property

Read about which points in proceedings at which recovery or preservation of property could occur.

Property recovered or preserved in civil legal aid

Recovery or preservation of property in matrimonial proceedings

Read about the ways in which recovery or preservation of property may occur in matrimonial proceedings, and interactions with Family Law (Scotland) Act.

Property recovered or preserved in civil legal aid

Concluding a case: information you should provide to help us assess whether property has been recovered or preserved

Read information about concluding a case and providing appropriate information on property recovered or preserved.

Property recovered or preserved in civil legal aid

Clawback in civil legal aid: payment and enforcement of the net liability

Read about the steps which you and SLAB can take in enforcing the net liability, including steps in diligence.