Rejected or continued applications for civil legal aid: limited circumstance in which special urgency is available

Applications for special urgency cover in terms of regulation 18(1)(b) of the Civil Legal Aid (Scotland) Regulations 2002 should be submitted as soon as the urgency is identified.

We may not be satisfied that the special urgency test is met if earlier action could have been taken to apply for legal aid, and there is no explanation for the delay, or if an incomplete application has been submitted, and there has been an unexplained delay in providing the missing information.

Special urgency guidance: family cases
The importance of providing reasons for special urgency in the body of your application

In this section

Special urgency

Cover for work done before a decision on the legal aid application: the nature and types of special urgency

Read more on how to get cover for urgent work that must be done before a decision on legal aid is given.

Special urgency

Special urgency: satisfying yourself that a client is financially eligible

Satisfy yourself that your client is financially eligible for civil legal aid with reference to income, capital and benefits.

Special urgency

List of circumstances in which you may undertake urgent work without prior approval

Read the list of circumstances where urgency work can be done without our prior approval (as long as you comply with Reg 18 of the Civil Regulations 2002)

Special urgency

Arrangements for collection of your client’s contributions in special urgency: the client mandate

Read about the importance of online declaration for special urgency work and information about contributions in this context.

Special urgency

Assessment of special urgency applications: tests applied by us

View factors that may suggest to us that there is no special urgency when considering the application.

Special urgency

Special urgency guidance: family cases

This page sets out our approach to assessing special urgency in various family cases including contact/residence; minutes to vary; minutes for failure to obtemper; and in relation to obtaining reports ordered by the Court.

Special urgency

The importance of providing reasons for special urgency in the body of your application

Find out the sort of information we need within the application to show special urgency with an explanation of why we need this.

Special urgency

Special urgency, expenses, and property recovered or preserved: circumstances where we may not be able to pay you

Learn about situations under Regulation 18(7) when we might not be able to pay you and how this relates to expenses.

Special urgency

Status of your client under special urgency: contributions and requirement to provide financial information

Guidance on understanding status of your client under special urgency, implications for contributions and requirement clients provide financial information.

Special urgency

Special urgency and extension or amendments to existing legal aid

View information about when an online declaration is not required for work under special urgency.

Special urgency

Special urgency and sanction applications: usual sanction procedure applies

Read information on the procedure for applying for sanction for work carried out under special urgency provisions.

Special urgency

Special urgency and undertaking necessary collateral work: timing issues

View information about undertaking necessary collateral work under special urgency and example of when a further Regulation 18(1)(b) certification is required.

Special urgency

Special urgency work’s status: issues your client to be aware where it is not a grant of legal aid

Read guidance on the status of special urgency and potential implications for your client.

Special urgency

Special urgency situations where the client does not comply with our requests for information: potential effects

Find out the implications of not completing the financial assessment where work is done under the special urgency provisions.

Special urgency

Special urgency: procedure for exemption from court fees

Learn about the procedure for exempting work carried out under special urgency from court fees.