Curator ad litem fees

Stephen Leighton made this Freedom of Information request to Scottish Legal Aid Board

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Dear Scottish Legal Aid Board,

I am looking for information about curator ad litem fees.

In a case where a curator ad litem has been allocated to a defender (for example a civil case), who is responsible for the fees of the curator ad litem fees?

Does SLAB pay for Curator ad litem expenses/fees? If so, who applies for this legal aid - the pursuer or defender (considering the defender is the person allocated the curator ad litem)?

Is their circumstances when SLAB wouldn't pay a curator ad litem fees (say for example a civil case of decree for divorce based on 2 year consent/no consent to divorce)?

Yours faithfully,

Stephen Leighton

Eileen Grant, Scottish Legal Aid Board

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Dear Mr Leighton

 

Thank you for your email of 23 August 2018, which we are treating as a
general enquiry.

 

The information that you are seeking can be found within the Court Rules
on the Scottish Courts Tribunals Services website.  The relevant rules
are, 33.16 (Sheriff Court Ordinary Cause Rules) and 49.17 (Court of
Session Rules) – Appointment of Curator Ad Litem to Defenders.  The rules
state that the pursuer is liable in the first instance for any steps
required to be carried out by the curator.  The rules specify the relevant
requirements. 

 

If the curator decides to enter the proceedings as a party, the curator
can apply for legal aid in the capacity of the defenders representative.
If legal aid is granted the curator will be entitled to payment of the
work carried out during the period of legal aid subject to our normal
assessment process.

 

I trust this clarifies matters.

 

Yours sincerely

 

Eileen Grant

Team Leader

Accounts Verification Unit

The Scottish Legal Aid Board

 

 

 

From: Stephen Leighton <[1][FOI #512567 email]>

Sent: 23 August 2018 00:12

To: FOI <[2][email address]>

Subject: Freedom of Information request - Curator ad litem fees

 

Dear Scottish Legal Aid Board,

 

I am looking for information about curator ad litem fees.

 

In a case where a curator ad litem has been allocated to a defender (for
example a civil case), who is responsible for the fees of the curator ad
litem fees?

 

Does SLAB pay for Curator ad litem expenses/fees? If so, who applies for
this legal aid - the pursuer or defender (considering the defender is the
person allocated the curator ad litem)?

 

Is their circumstances when SLAB wouldn't pay a curator ad litem fees (say
for example a civil case of decree for divorce based on 2 year consent/no
consent to divorce)?

 

Yours faithfully,

 

Stephen Leighton

 

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References

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3. http://www.slab.org.uk/