Does the shortfall in experts’ fees always fall to the local authority? (Re K and Re S (Legal Aid: Experts’ Fees)
Family analysis: It has been a longstanding practice in public law children cases that when experts’ fees exceed the rates set out in the Legal Aid Agency’s (LAA) guidelines, and prior authority is not granted by the LAA to cover the higher charging rate or number of hours, then the local authority either agrees or can be directed by the court to cover the shortfall. The LAA has now amended its guidance to clarify that this should not routinely be the case, unless exceptional circumstances warrant it, and provided guidance to practitioners when making applications for prior authority for experts’ fees. This has now been explored by the President of the Family Division, Sir Andrew McFarlane, and ‘general principles’ to follow when it comes to the instruction of experts in public law children cases, including template orders which are included in the judgment. Gemma Adams, associate solicitor at Dawson Cornwell LLP, looks at the implications.