The Legal Aid Agency ('LAA') have updated their Guidance on the Remuneration of Expert Witnesses. The updates, which are set out in version 11 in the Guidance's verison history, include:

• Clarification around the exceptional circumstances test. The standard rate can only be exceed if:

  • The expert's evidence is essential to the case, 

  • The case requires a highly senior or specialist expert, and

  • There's a limited avaialbility of appropriate alternatives. 

• Makes clear that it is not the intention of the LAA that Local Authorities, other than in unusual circumstances, should make up a shortfall in expert fees.

• Makes clear that where the Court has ordered an assessment of a non-party the usual rules about when to apply for a prior authority apply.

• Makes clear that it is not possible to possible to apply for a prior authority to increase rates for Independent Social Workers and that Independent Social Workers based in the United Kingdom are able to undertake remote assessments of people abroad.

• Addition of a Prior Authority checklist in Annex 6 which may be used to ensure all the correct documentation is submitted but is not mandatory.