Factors to consider when preparing your account

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Scope of Legal Aid

You may only charge for work activities that have been properly incurred and fall within the scope of legal aid which has been made available.

Distinct grants of legal aid

It is important, especially when your client may have multiple cases covered by distinct grants of legal aid or advice and assistance that you ensure that you account to us for all work under the correct grant.

Matters of special urgency

We can make payment for work done prior to the grant of legal aid but only where work is done as a matter of special urgency under regulation 5 of the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992 , to protect your client’s interests.

Preparation and submission of your account
Administrative work and expenses

In this section

Introduction to Contempt of Court Accounts

Guidance in relation to the preparation and assessment of Contempt of Court Legal Aid Accounts

This guidance applies to your accounts which are chargeable in terms of the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992

Introduction to Contempt of Court Accounts

Statutory tests of taxation and payment from the Fund

Guidance on regulations that form the basis, set by Parliament, on which you are entitled to payment and is termed the standard of taxation.

Introduction to Contempt of Court Accounts

Assessment of an account – the process and role of the assessor

Guidance to facilitate the submission of an account that can be assessed by our staff and paid as claimed with minimum intervention or negotiation.

Introduction to Contempt of Court Accounts

Payment must be made to the nominated solicitor

Guidance explaining accounts submitted under advice and assistance or legal aid must be paid to you as ‘nominated solicitor’

Introduction to Contempt of Court Accounts

Taxation and Note of Objections procedure

Guidance on taxation and note of objections procedure

Introduction to Contempt of Court Accounts

Preparation and submission of your account

Information on how to submit and prepare your accounts

Introduction to Contempt of Court Accounts

Administrative work and expenses

Guidance on work chargeable

Introduction to Contempt of Court Accounts

Aggregation for time at court including any necessary travel

Guidance on how fees for time at court and travelling must be calculated and makes clear they are payable on the basis of the total time engaged per day

Introduction to Contempt of Court Accounts

Apportionment

Guidance on the apportionment of charges

Introduction to Contempt of Court Accounts

Work and time recording

Guidance on retaining file notes to supplement your account and copies of correspondence, documentation received throughout a case

Introduction to Contempt of Court Accounts

Our power to request information

Guidance on what information we may request for the purposes of performing our functions under the Act

Introduction to Contempt of Court Accounts

Who can provide Contempt of Court Legal Aid

The question as to who can provide legal aid is central to an understanding as to what is properly chargeable in your account.

Introduction to Contempt of Court Accounts

Employment of counsel, expert witness, unusual work or unusually large expenditure

Guidance on the employment of counsel, expert witness, unusual work or unusually large expenditure