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18 July 2025
Issue: 8125 / Categories: Legal News , Expert Witness , Legal aid focus , Local authority
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NLJ this week: Who pays when expert fees exceed legal aid caps?

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Writing in NLJ this week, Dr Chris Pamplin, editor of the UK Register of Expert Witnesses, examines the thorny issue of expert witness fees in legally aided cases. The Legal Aid Agency (LAA) enforces strict caps, only exceeded in ‘exceptional circumstances’. This often leaves local authorities footing the bill when experts charge more than the cap

In JG v Legal Services Commission, the Court of Appeal ruled that the LAA’s refusal to fund a court-ordered report was unlawful. More recently, in Re K, Sir Andrew McFarlane clarified that local authorities should not routinely cover shortfalls.

Updated LAA guidance now includes a checklist for seeking prior authority and discourages courts from shifting costs unfairly.

The message is clear: parties must exhaust all options before expecting others to pay. The new framework aims to restore fairness and transparency in expert funding decisions.

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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