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
