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28 May 2014
Issue: 7608 / Categories: Legal News
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Legal Aid Agency may have to bear cost of expert fees

The Legal Aid Agency—formally known as the Legal Service Commission (LSC) —was wrong to refuse to pay the full cost of an expert witness report ordered for a child by the family court. 

The Court of Appeal held the LSC should not have refused to pay more than one-third of the expert’s fees, in JG v The Lord Chancellor [2014] All ER (D) 192 (May), [2014] EWCA Civ 656. 

The Lord Chancellor, for the LSC, argued that parents who are not legally aided should pay their share of the expert’s fee. The Law Society, intervening, countered that the expert was instructed by the child alone. 

According to the Law Society, the decision means the Legal Aid Agency will in future need to look at the facts of a specific case to decide whether it should pay the fees in full, and that where unrepresented parents cannot afford to commission expert evidence it may be appropriate for the full costs to be borne by the child through their legal aid certificate.

Geraldine Morris, head of LexisPSL Family, says: “Family justice resources are under huge pressure at the moment. 

“The bringing into effect of the Child Arrangements Programme on 22 April was with the primary aim of reducing damaging delay in private children proceedings. The decision by the LSC in this case caused a lengthy period of delay, and the Court of Appeal’s decision will therefore be welcomed by practitioners and parties alike in the hope that the court’s guidance will assist in similar future cases.”

Issue: 7608 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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