Our power to request information

We are entitled to request any information that we may require for the purposes of performing our functions under the Act.

You have to provide information when we ask for it and you are not specifically precluded from providing it because of any issues in relation to client confidentiality.

We are obliged by strict rules of confidentiality in terms of section 34 of the Act.

The vast majority of such requests is simply for additional information to support a charge or charges.

You are not precluded from providing information on the basis that it is personal data under General Data Protection Regulations (GDPR). (“Personal data” has to be information that relates to an individual, whereby that individual can be identified or identifiable, either directly or indirectly, from one or more identifiers or from factors specific to the individual.) Article 6(1)(c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 provides a lawful basis for processing data where such processing is necessary for compliance with a legal obligation to which the controller (SLAB) are subject. Article 6(3) requires that the legal obligation must be laid down by UK or EU law, in this case the Act and regulations.

The need for information at the accounts stage is to achieve the overall purpose of ensuring that payments from the Fund are properly incurred in terms of section 4 of the Act, and regulations.

The Regulation has been given effect in UK law by the Data Protection Act 2018.

In order to achieve this purpose, but only where we consider it necessary, we may request information to enable us to assess your account and be satisfied that the statutory test has been met.

Until such time as information requested by us is received and the assessment complete, any steps taken to lodge an account for taxation is premature and contrary to the regulatory provisions.

Apportionment
Employment and definition of counsel

In this section

Introduction to counsel fees

Guidance in relation to the preparation and assessment of Civil and Children’s Counsel Fees

Guidance on counsel’s fees in relation to civil and children’s legal aid

Introduction to counsel fees

Statutory tests of taxation and payment from the Fund

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

Introduction to counsel fees

Assessed & Prescribed Fees under Schedule 4

Schedule 4 identifies two distinct categories for calculating how a fee is payable, which we refer to as ‘prescribed’ and ‘assessed’ fees

Introduction to counsel fees

Proceedings not payable under Schedule 4

Guidance on proceedings not payable under Schedule 4

Introduction to counsel fees

Option to accept judicial expenses recovered

Regulation 3(3) and 3(4A) of the Civil Fees Regulations makes provision that allows counsel’s fees and outlays recovered by virtue of an award of expenses

Introduction to counsel fees

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

Where we receive an account we are obliged to assess the fees and outlays allowable, determine the sum payable out of the Fund and then pay that sum to you

Introduction to counsel fees

Taxation and Note of Objections procedure

Where matters cannot be resolved through the normal process of negotiation, counsel (or SLAB) has a right to refer the matter to the Auditor

Introduction to counsel fees

Preparation and submission of your account

A claim for interim payment may be submitted under regulation 33ZB of The Legal Aid (Scotland) Act 1986

Introduction to counsel fees

Apportionment

Prescribed fees are mostly set at standard levels and where we are satisfied a fee is payable the standard fees cannot be increased or decreased

Introduction to counsel fees

Employment and definition of counsel

The employment of junior counsel is automatic but agents must obtain our approval for the employment of senior counsel or of more than one junior counsel