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Spencers Solicitors
The LAA have recently updated their guidance on the remuneration of expert witnesses in family cases and below is a summary of the changes that providers should be aware of.
Joint Expert Instruction - Prior Authority
The LAA have confirmed that one provider when making a request for prior authority (joint instruction of experts) can provide the certificate reference of the other legally aided parties as part of the application. If successful all other parties are covered by the prior authority and will be sent a notification in CCMS.
We would recommend that the lead solicitor in the instruction of the expert take the lead in making the application for prior authority.
If prior authorities are refused or part granted, then the lead solicitor will be responsible for communicating the reasons to the other parties who will only receive the part granted authority for the reduced amount.
Experts claiming higher hourly rate than codified rates
Previously the LAA would only pay a higher rate than the codified rates, if prior authority was obtained. The updated guidance provides for two other circumstances when a higher rate will now be allowed:
Subject to (2) below we would still advise providers to apply for prior authority when possible to ensure that the LAA make a decision during the proceedings, rather than wait until the assessment of costs, prevention is better than the cure!
These new rates will now be paid on assessment without the need for prior authority:
Geneticist |
£171 |
Lip reader/signer/deaf intermediary |
£57.60 |
Paediatric neuro-radiologist |
£180 |
Paediatrician (London) |
£108 |
Rates for previously uncodified experts
Annex 5 provides a list of guideline rates for experts who were not previously included in the Remuneration Regulations:
Endocrinologist |
£108 |
Genetic Testing |
£2250 |
Nephrologist |
£108 |
Ophthalmologist including Paediatric Ophthalmologist |
£108 |
Paediatric Haematologist |
£122.40 |
Recommended number of hours
The LAA provides a benchmark of an ‘unusual’ number of hours to assist a provider in making a decision on whether to apply for prior authority (see table 1 of the guidance).
Each individual (including children) to be assessed should be treated as a separate individual and if possible the court should specifically identify the individuals to be assessed.
The LAA have clarified that for the purposes of their recommended number of hours for psychologists and psychiatrists they would consider an additional 10 hours for each additional party being assessed to be appropriate.
Translation Fees
Para 5.26 of new guidance provides that if the court has listed specific documents or parts of documents that need to be translated then this would be sufficient evidence for it to be funded at legal aid rates and prior authority will not be required.
Intermediaries and lay advocates
The general position in accordance with para 4.28 of the 2018 Standard Civil Contract Specification remains that the LAA will not pay for fees charged for witness intermediary services provided in court, reports in advance of provision of such and other work in preparation for or ancillary to court proceedings.
Clarification has been added to say that funding can be provided for an intermediary/lay advocate to be used for communication between a provider and their client away from the court room in the course of the legal representation provided, subject to the LAA being satisfied that it was a justifiable and reasonable disbursement.
Process Server- Attempted Service
Where a process server has attempted service on more than three occasions then this will need to be justified by the provider/process server. The LAA may also question whether substituted service was considered by the court.
We would advise that the above is either justified on the process server invoice or in the claim to the LAA.
A link to the full guidance can be found at:
LLB (Hons)
Monday 5th October 2020