Update to Legal Aid Agency Guidance on the Remuneration of Expert Witnesses

The Legal Aid Agency ('LAA') have updated their Guidance on the Remuneration of Expert Witnesses. The updates, which are set out in version 11 in the Guidance's verison history, include:

• Clarification around the exceptional circumstances test. The standard rate can only be exceed if:

  • The expert's evidence is essential to the case, 

  • The case requires a highly senior or specialist expert, and

  • There's a limited avaialbility of appropriate alternatives. 

• Makes clear that it is not the intention of the LAA that Local Authorities, other than in unusual circumstances, should make up a shortfall in expert fees.

• Makes clear that where the Court has ordered an assessment of a non-party the usual rules about when to apply for a prior authority apply.

• Makes clear that it is not possible to possible to apply for a prior authority to increase rates for Independent Social Workers and that Independent Social Workers based in the United Kingdom are able to undertake remote assessments of people abroad.

• Addition of a Prior Authority checklist in Annex 6 which may be used to ensure all the correct documentation is submitted but is not mandatory.