On 1 April the Legal Aid Agency issued updated guidance on payments for experts in specific areas such as transcripts and translation work. The new guidance clarifies when experts can apply for prior authority in those areas, which include transcripts of judgments, translation work, communicating with clients at court and experts on foreign law.
On transcription, for example, the new guidance clarifies the position on making an application after the case has concluded:
'In some cases it will be appropriate for the legally aided party to pay for a copy of a transcript of the judgment or to contribute with other parties to such a cost. This may be where the client requires it for a possible appeal, or where the judgment and any findings are to be provided to an expert to consider in the preparation of any report or there has been a finding of fact hearing and the judgement is required as evidence later in the case.'
However, in such cases: 'Where fees are incurred after the conclusion of the proceedings in other circumstances this would need to be justified as it may not be considered a reasonable expense. A copy of the court order requesting the transcription should be provided as well as reasons why it is necessary.'
Similarly the assessment will be based on: 'Whether it was reasonable to incur the costs, based on the specific circumstances of each case' and 'If the costs are reasonable and proportionate'.
There is similar clarification in other areas.
As pointed out in an article by Carter Brown, the guidelines reiterate the necessity for all expert witnesses to comply with practice directions and procedure rules, which remain the same.
The guidance follows an update in September last year, covering
- Maximum rates for different types of expert witness
- How to apply for prior authority, including benchmarks for working 'unusual' hours
- Expert activity time guidelines
- Expert witness standards in family matters
- Arrangements for specific expert types, including independent social workers, experts in risk assessment, drug and alcohol testing and DNA testing.
The full guidance can be downloaded from www.gov.uk/government/uploads/system/uploads/attachment_data/file/420106/expert-witnesses-fees-guidance.pdf.