Smith v SLAB [2011] ScotCS CSOH_168 (14 October 2011)

Smith v SLAB [2011] ScotCS CSOH_168 (14 October 2011)

Interest runs on 75% of the fee claimed in a Regulation 11 application from 30 days after receipt of the application by the Scottish Legal Aid Board, as this constitutes an obligation to pay a qualifying debt under the 1998 Act and an equivalent request for payment under the Directive. The Board is obliged to pay 75% and cannot defer payment or interest until final assessment or submission of the solicitor's account.

Citation
[2011] ScotCS CSOH_168
Parties
Pursuer: Andrew Smith QC; Defender: Scottish Legal Aid Board
Jurisdiction
Scotland
Judgment Date
14 October 2011
Procedural Posture
Civil Legal Aid Fee Dispute / Opinion Following Debate on Legal Principles
Outcome
Partial success for pursuer on legal principle; interest runs on 75% of fee from 30 days after Regulation 11 application receipt.
Legal Topics
Interest on Late Payment, Legal Aid Fee Entitlement, Statutory Interpretation, Directive 2000/35/ec Application
Civil Procedure Legal Aid Contract Law European Law Interest on Late Payment Legal Aid Fee Entitlement Statutory Interpretation Directive 2000/35/ec Application

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Parties

Andrew Smith QC

Pursuer

Scottish Legal Aid Board

Defender

Procedural Posture

Civil Legal Aid Fee Dispute / Opinion Following Debate on Legal Principles

Legal Issues

  1. 1 From what date does interest become payable by the Scottish Legal Aid Board on advocates' fees in civil legal aid cases?
  2. 2 Does a Regulation 11 application constitute an invoice or equivalent request for payment under Directive 2000/35/EC and the Late Payment of Commercial Debts (Interest) Act 1998?
  3. 3 Is the Scottish Legal Aid Board obliged to pay 75% of the fee claimed in a Regulation 11 application within 30 days, and does interest run on this amount?

Ratio Decidendi

Interest runs on 75% of the fee claimed in a Regulation 11 application from 30 days after receipt of the application by the Scottish Legal Aid Board, as this constitutes an obligation to pay a qualifying debt under the 1998 Act and an equivalent request for payment under the Directive. The Board is obliged to pay 75% and cannot defer payment or interest until final assessment or submission of the solicitor's account.

Court Disposition

Partial success for pursuer on legal principle; interest runs on 75% of fee from 30 days after Regulation 11 application receipt.

Orders

  • Case to be put By Order for further procedure on specifics of the claim.