header-logo header-logo

28 January 2010 / Dr Chris Pamplin
Issue: 7402 / Categories: Features , Expert Witness , Profession
printer mail-detail

Approach with care

Dr Chris Pamplin explains how to save money without damaging the supply of expert witnesses

In recent years, pressure on public finances has driven down fees for those lawyers who still work in the publicly funded arena. Fee capping and fixed fee schemes have played their part. Clearly, the Ministry of Justice (MoJ) believes that what was sauce for the lawyer goose will be sauce for the expert witness gander.

In its consultation paper, Legal Aid: Funding Reforms, the MoJ claims to recognise that quality expert evidence is essential for the effective running of the civil and criminal justice systems. Yet it proposes the unsophisticated application of arbitrary banding and capping of the fee rate of those expert witnesses paid out of the Legal Aid fund, with a maximum hourly fee of £100.

Based on a decade’s-worth of survey data (www.jspubs.com/downloads/PDFs/UKREW_MoJ_Nov09.pdf) gathered by the UK Register of Expert Witnesses, this action will represent an approximate halving of the average fee rates for medical expert witnesses.
Doubtless few lawyers will worry

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll