The Legal Aid Agency (LAA) has published guidance on the Remuneration of Expert Witnesses on Family Cases using the Civil Legal Aid (Remuneration) Regulations 2013 to set out codified rates for most expert types.

It provides guidance on maximum rates for different types of expert witness, as well as guidance on how to apply for prior authority, expert activity time guidelines and expert witness standards in family matters. It further provides guidance regarding arrangements for specific expert types, including independent social workers, experts in risk assessment, DNA testing and drug and alcohol testing.

These rates are applicable to any work carried out by an expert witness in relation to civil, family and crime cases which started on or after 2nd December 2013.

Legal Aid Expert Rates Examples

Full details of legal aid expert rates can be found under the Civil Legal Aid (Remuneration) Regulations 2013. Fixed fees and hourly rates are provided for each type of expert witness using a London and non-London rate. Some examples of these rates are listed below:

• A&E Consultant – Non-London rate = £126, London rate = £135
• Dentist – Non-London & London rate = £117
• Employment consultant – Non-London & London rate = £68
• Doctor (GP) – Non-London rate = £99, London rate = £90
• ENT Surgeon – Non-London & London rate = £126
• GP (records report) – Non-London rate = £63 fixed fee, London rate = £90 fixed fee
• Interpreter – Non-London rate = £32, London rate = £25
• Mediator – Non-London & London rate = £126
• Occupational Therapist – Non-London & London rate = £68
• Orthopaedic Surgeon – Non-London & London rate = £144
• Pathologist – Non-London rate = £153, London rate = £540 fixed fee
• Psychiatrist – Non-London & London rate = £135

Rates charged by experts in legal aid cases should not exceed the hourly rates or fixed fees set out under the Civil Legal Aid (Remuneration) Regulations 2013.

Under part 2 of the same regulations;

“(1) The Lord Chancellor may increase the fixed fees or rates set out in the Table after paragraph 1 if the Lord Chancellor considers it reasonable to do so due to exceptional circumstances.

(2) In sub-paragraph (1), “exceptional circumstances” mean that the expert’s evidence is key to the client’s case and either—

(a)

the complexity of the material is such that an expert with a high level of seniority is required; or

(b)

the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary evidence.”

How can ARC Costs Assist?

The ARC Costs team are a highly experienced team of Legal Aid Costs Lawyers and Costs Draftsman. We regularly assist parties in the recovery of legal aid costs using legal aid expert rates.

We also assist in quantifying and negotiating inter-partes costs in legally aid funded cases. We are always happy to help with costs challenges/queries and can provide information on dealing with inter-partes costs in legal aid matters.

We can be contacted via email at info@arccosts.co.uk, or by telephone on 01204 397302. For more information on legal costs, please find out more about our speciality areas of expertise and our services on our legal costs page, as well as seeing working examples of our work on the case studies page.

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