Paying up! The expert fees cap

18 July 2025 / Dr Chris Pamplin

Issue: 8125 / Categories: Features , Profession , Expert Witness , Legal aid focus , Local authority

If an expert charges more than the Legal Aid Agency’s fee cap, who covers the shortfall? Dr Chris Pamplin reports

The Legal Aid Agency (LAA) enforces strict caps on expert witness fees, only allowing exceptions in rare, complex cases. This often leads to unfair cost burdens on better-resourced parties like local authorities.
In JG v Legal Services Commission, the Court of Appeal ruled that the LAA’s refusal to fund a court-ordered expert report was unlawful, highlighting the need for case-by-case assessment rather than rigid application of funding rules.
The Family Court, led by Sir Andrew McFarlane, has clarified that local authorities should not routinely cover shortfalls in expert fees. Updated LAA guidance now outlines stricter criteria and a checklist for seeking prior authority, aiming to ensure fairness and transparency in funding decisions.

Severe cuts in public spending have restricted legal aid, led to a cap on how much experts can be paid from legal aid, and created inequalities. If an expert charges

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Paying up! The expert fees cap

If an expert charges more than the Legal Aid Agency’s fee cap, who covers the shortfall? Dr Chris Pamplin reports

The Legal Aid Agency (LAA) enforces strict caps on expert witness fees, only allowing exceptions in rare, complex cases. This often leads to unfair cost burdens on better-resourced parties like local authorities.
In JG v Legal Services Commission, the Court of Appeal ruled that the LAA’s refusal to fund a court-ordered expert report was unlawful, highlighting the need for case-by-case assessment rather than rigid application of funding rules.
The Family Court, led by Sir Andrew McFarlane, has clarified that local authorities should not routinely cover shortfalls in expert fees. Updated LAA guidance now outlines stricter criteria and a checklist for seeking prior authority, aiming to ensure fairness and transparency in funding decisions.

Severe cuts in public spending have restricted legal aid, led to a cap on how much experts can be paid from legal aid, and created inequalities. If an expert charges

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

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Paying up! The expert fees cap

MOVERS & SHAKERS

National Pro Bono Centre—Esther McConnell & Sarah Oliver Scemla

Michelman Robinson—Akshay Sewlikar

McDermott Will & Schulte—Karen Butler