https://www.slab.org.uk/guidance/guidance-in-relation-to-the-preparation-and-assessment-of-civil-legal-assistance-accounts/
https://www.slab.org.uk/guidance/guidance-in-relation-to-the-preparation-and-assessment-of-civil-legal-assistance-accounts/
This guidance applies to your accounts arising from the provision of civil legal aid, advice and assistance and ABWOR, where the work is chargeable on a detailed time and line basis under one of the following Tables of Fees:
Schedule 2A applies to simple procedure and First Tier Tribunal for Scotland.
Schedule 5 applies to Court of Session procedings, Upper Tribunal for Scotland proceedings, Sheriff Appeal Court (where the solicitor has the option to charge either on the basis of Schedule 5 or Schedule 6 fees) and procedings or work listed in Schedule 7 of the Civil Fees Regulations, below.
It is intended mainly for the legal profession, and where we use the term “you”, this means the solicitor who is providing civil legal assistance.
The purpose of this guidance is to provide you with sufficient information and advice to enable you to prepare an account in the proper form, and provide you with a better understanding as to the basis on which we will assess your account, including the application of discretion, where appropriate.
Our aim is to clearly communicate with you about our decision-making, thereby improving our accountability for our policies and decision-making.
It provides information as to the level of information that you should provide in support of your charges, what we do in assessing an account, and why we do it, making reference to the statutory and regulatory framework and other authority, explaining its application and our interpretation of it.
The role of an assessment officer is objectively to determine, on such information as is available, what sums are payable from the Fund on a proper application of the standard of taxation, itself discussed in some detail in this guidance, as the basis of our assessment is crucial to an understanding of our approach.
We have been performing this function for many years and have developed particular expertise through our knowledge of the Regulations, its day to day application and attendance at taxations before the Auditor.
We are the only body in Scotland regularly called upon to assess an account drawn on an agent and client third party (or Fund) paying basis.
You may disagree with some of our decisions as to what is reasonable in the context of an individual account, in the event that the account is not paid as claimed.
If so, and failing resolution at the negotiation stage, you are entitled to lodge an account with the auditor for taxation.
What is stated in the following guidance is what we, as the third party paying are generally prepared to allow, on the application of the Standard of Taxation prescribed by Parliament.