Sheriff court block fees where no action raised: payment in formal and informal settlement scenarios

When a party is granted legal aid to initiate proceedings this can sometimes act as a catalyst for the opponent to actively seek to achieve a remedy which avoids the expense involved in raising court proceedings.

Depending on how the case has concluded you have the option to charge an inclusive fee in any of the following circumstances:

1. Cases where settlement is effected without an action being raised where through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor a negotiated settlement is reached and minute of agreement or separation agreement, as the case may be, is entered into. A fee between 10-19 units is payable. Or
2. Cases where settlement is not effected but where without an action being raised the outcome or disposal is effected through negotiation, discussion, voluntary disclosure, meetings, correspondence and, as the case may be, other forms of participation by the solicitor. A fee of between 5 and 10 units is payable.

The factors we will take into account in assessing any claim based under paragraphs 1 or 2 above are:

• a lengthy meeting or series of meetings; or
• correspondence; or
• any other communications

between the parties which, together, justify the conclusion that, but for this significant work, the case would have proceeded further at potential cost to the Fund or the parties.

Where you are making a claim under either paragraph you should provide a brief narrative outlining the work that you have undertaken with reference to the above factors in support of the fee claimed. This will allow us to reach an informed view of the fee that is payable.

If we are not satisfied as to the level of fee that has been claimed we will, wherever possible, propose an offer in settlement and ask for more information in support of the fee claimed. We may ask for your file if we are unable to reach agreement.

We can only make payment where settlement is effected or where it is not effected but where an outcome or disposal is effected through negotiation and other forms of participation by the solicitor.

We cannot allow a fee where the client simply fails to engage with you after the grant of legal aid or where no evidence is provided that an outcome or disposal has been negotiated.