Reminder: option to submit interim claims for fees and outlays prior to conclusion of cases/completion of proceedings for all aid types

This update is to remind solicitors of the option to submit interim claims for fees and outlays prior to the conclusion of the case/completion of the proceedings.

Please note, that if you have any questions about submitting interim claims, you can contact us at support.accounts@slab.org.uk or manager.accounts@slab.org.uk and we can help.

We previously issued an update and guidance on the 27 September 2022 informing solicitors of the legislation and the changes that came into effect on 1 October 2022 under Section 35 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022.

The legislation enables solicitors to submit interim fees claims at 100% of the fees incurred for the period covering the claim, without having to submit an account at the interim stage.

This also includes interim claims for fees or outlays in cases where there is a potential for clawback.

The only account types where you cannot submit an interim claim for fees or outlays are as follows:

• duty scheme
• police station advice
• civil advice and assistance diagnostic claims; or
• where legal aid is not granted.

On conclusion of the case/completion of the proceedings the solicitor must submit a final account for the work done on the case. The value of any interim claims paid will be deducted from payment of the final account.

Where there is a recovery under a grant of advice and assistance, we will not accept a final account unless we have granted hardship.

Instead, the solicitor or the applicant will be responsible for making repayment to us the total amount of any interim claims paid.

In this situation the solicitor will need to bill the client directly for payment of their advice and assistance account, which will require to be met from the client’s recovery.

There is no change to the procedure for submitting interim claims for outlays.

Guidance and support

To find out more about interim claims you can read our previous update, which includes links to the relevant guidance.

We have instructions on How to submit an interim claim depending on the aid type, explained using screenshots.

More information

Please contact: Eileen Grant, Manager Accounts Assessment Email: manager.accounts@slab.org.uk