In these days of budgetary pecuniary and threats of more cuts, the LSC appears to being resorting to reductions to expert’s fees, even if they were paid years ago and even if they they have been approved by the court by employing seemingly unpublished (except in a link buried on their website) guidelines.
Chair of Resolution’s Legal Aid Committee, Dave Emmerson, has written the following letter to Legal Aid Lawyers on the Resolution website:
Dear Legal Aid Lawyers,
A number of you have reported that claims for experts’ fees are routinely being disallowed or reduced on assessment by the Legal Services Commission. This has happened even where the Court has approved the expense as reasonable.
The LSC’s change of policy is causing real problems, particularly if an expert was paid a couple of years ago and the solicitor may not be able to recover any shortfall from the expert.
It appears that the LSC is applying the rates from an internal guideline document, although these have not been published by the LSC. You can download the guidance here.
The Association of Lawyers for Children has drafted a letter of instruction for experts to ensure that solicitors do not bear the liability for any shortfall. The LSC has seen the letter and has stated: ‘The LSC is content with the letter in so far as it reflects the policies, procedures and contract terms of the LSC.’ The ALC is happy for Resolution members to use the precedent letter, for which we are very grateful. You can download it here.
The current position is very unsatisfactory as members are not receiving payment in full and are having to appeal. I have raised the issue with the LSC’s Head of Contracting and correspondence is ongoing. I will keep you informed of developments.
Dave Emmerson,
Chair, Legal Aid Committee
