High cost and complex cases

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We have a procedure to identify, monitor and help solicitors in cases identified as being potentially complex, voluminous and/or time consuming: in short, “high cost cases”.

 

Identification of high cost cases

There are some factors in a children’s case which point towards a case potentially being high cost or complex.

These factors can usually be identified early in a case, either by us or externally. Several of these factors being present will indicate a potentially complex and high cost case although a case with only one factor could still be a complex or high cost case.

A typical high cost children’s case is likely to cost over £20,000.

We will contact you if we identify a case as being potentially high cost and complex.  However, it is open to you and in your own interests to contact us if you think a case is likely to lead to high costs.

Please note that there are no case cost limits in a children’s legal aid case unlike in civil legal aid cases.

Internal factors that are indicators of a high cost case

The following internal factors will result in a case being identified as being potentially high cost by us:

  • Sanction granted for counsel to conduct all or part of the proceedings
  • Sanction granted to employ a non-UK expert
  • Sanction granted to employ an expert whose costs are estimated to exceed £5,000
  • Sanction granted to employ three or more experts

External factors that are indicators of a high cost case

The following external factors will result in a case being identified as being potentially high cost by us:

  • Information received from the Scottish Children’s Reporter’s Administration (SCRA)
  • Information received from the Scottish Court and Tribunal Service
  • Information received from a solicitor or safeguarder acting for a child and/or from a solicitor or curator ad litem acting for an adult in the proceedings
  •  Confirmation that Glasgow Sheriff Court has classed the case as a Complex Case in terms of the Sheriffdom of Glasgow and Strathkelvin Practice Note No 1.2018
  • Confirmation that Courts in the Lothian and Borders has classed the case as a Complex Case in terms of the Sheriffdom of Lothian and Borders Practice Note No 2 , 2018
Dedicated staff members in high cost/complex cases

In this section

High cost or complex cases

Dedicated staff members in high cost/complex cases

Find out what our dedicated staff members will do in high cost and complex cases including providing advice and helping to avoid duplication.

High cost or complex cases

When we may contact SCRA and other parties regarding high cost and complex cases

Find out when we might contact the SCRA/Reporter or other parties regarding the progress of a high cost or complex case.

High cost or complex cases

Case management meetings between us and a party or parties in a high cost/complex case

Find out what our case management meeting is and who can request one.