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Press Release

The Future of Publicly Funded Expert Witnesses

26 November 2004

The Legal Services Commission (LSC) has today published proposals to improve the quality and cost control of expert witnesses in publicly funded cases.  The proposals will also ensure that solicitors and expert witnesses agree clear terms up front.

In 2003/04 the LSC spent over £130 million on expert witness fees in criminal, family, immigration and other civil cases.  It is widely recognised that the fees charged by experts have been increasing significantly.  Recently published research, covering both legally aided and privately funded work, showed that 74% of experts now charge over £100 an hour - up from 55% in 2002.

The LSC is committed to delivering services that meet the needs of clients and deliver value for money for the taxpayer.  The quality and cost of lawyers in LSC-funded cases has already been addressed.  With demand on the limited legal aid budget increasing, it is right that the quality and cost of expert witnesses should be reviewed.

To improve the quality of experts instructed in publicly-funded cases, the LSC will encourage solicitors to use accredited (quality assured) experts i.e. expert witnesses and interpreters who are:

• on the register maintained by the Council for the Registration of Forensic Practitioners (CRFP);
• on the National Register of Public Service Interpreters (NRPSI); or
• on the register of the Council for the Advancement of Communication with Deaf People (CACDP).

The LSC’s long-term aim is for all experts, who are regularly instructed in publicly-funded cases, to be accredited.

The proposals also set out guideline payment rates for experts in publicly funded case.  This is the first time that guideline rates have been produced for civil cases.  The rates for civil cases are similar to those for criminal cases, which have been published previously, but have a higher maximum and lower minimum.  Historically, experts fees in civil cases have tended to be higher than criminal cases, however, there appears to be little justification for this variation.

Implementation of guideline rates will allow the LSC to abolish ‘prior authorities’, in most cases.  Solicitors apply for prior authorities from the LSC.  A prior authority, which guarantees payment of the expert’s fee, is granted if the LSC considers the expert’s fee to be reasonable.       

The LSC is also proposing to move from the system of paying solicitors the expert’s fee on a case-by-case basis for civil cases - to a system where solicitors are given annual or biannual payments to be used for experts’ fees.

The proposals are contained in a consultation paper, The Use of Experts: Quality, price and procedures in publicly funded cases, which was launched today at the Bond Solon Expert Witness Conference.

Launching the paper, Simon Morgans, Senior Legal Advisor at the LSC said:

"Experts’ fees in publicly-funded cases, like lawyers’ fees, must be subject to control.  The pressures on the legal aid budget are such that no element of legal aid expenditure can go without scrutiny.  Information from our regional offices, solicitors and other sources show that experts fees, unlike lawyers fees, have increased significantly in recent years.  There are also wide variations in experts’ fees - particularly in civil cases.  Our proposals will go a long way to rectifying this anomaly. 

"I also firmly believe that experts who regularly provide forensic services should be quality-assured.  Experts who are registered with CRFP have shown, after assessment, that they are currently competent to provide forensic expert services.  There have, unfortunately, been a number of high-profile miscarriage of justice cases in the past that have been caused by incorrect expert evidence."

ENDS

Media information

Richard Shand   Tel: 020 7759 0491

Notes to editors

1. Journalists can obtain copies of The Use of Experts: Quality, price and procedures in publicly funded cases from Richard Shand.
2. Copies of The Use of Experts: Quality, price and procedures in publicly funded cases are also available from the LSC’s website (www.legalservices.gov.uk) under ‘Consultations’ in the Community Legal Service or Criminal Defence Service sections.
3. The Government-supported Council for the Registration of Forensic Practitioners (CRFP) was launched in October 2000. It currently has over 1,500 registered forensic practitioners.  The CRFP register is accessible on-line (www.crfp.org.uk), without charge.
4. The Bond Solon Expert Witness Conference is being held at Church House Conference Centre, Westminster, London, SW1.
5. The Legal Services Commission was created in April 2000. The LSC’s core purpose is to help people get quality legal services that tackle real needs.  To do this, it runs two schemes in England & Wales:
   • The Community Legal Service which brings together networks of funders (e.g. local authorities) and suppliers of legal and advice services into partnerships to provide the widest possible access for people needing legal help in order to deal with their problems.
   • The Criminal Defence Service which provides services to enable people accused of crimes to defend themselves.

 

Last updated: 28 December 2006