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NLJ this week: Who pays when expert fees exceed legal aid caps?

18 July 2025
Issue: 8125 / Categories: Legal News , Expert Witness , Legal aid focus , Local authority
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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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