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.
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