header-logo header-logo

Paying up! The expert fees cap

225832
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 more than the cap, who covers the shortfall? What happens

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

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll