Major new project on expert witness fees
03 March 2010
The Ministry of Justice announces the launch of a new project to review current fee arrangements and deliver new fee structures for professional expert witnesses.
The project – Analysis of Expert Witness Fees – will shortly establish a central working group of key stakeholders involved in experts work to help the Ministry of Justice gain a greater understanding of the range of work experts do and how this is currently paid. In conjunction with this, a further group of experts will be asked to contribute to a wider reference group.
Legal Aid Minister, Willy Bach said:
‘The experts market is a complex one with a number of bodies and practitioners with different objectives, all commissioning and using expert services. At a time of increased pressure on the legal aid budget, we need to control this area of expenditure whilst ensuring fair rates of pay to experts who provide a vital service to the justice system. It is certainly our intention to do this as soon as possible.’
The new project comes after the Ministry of Justice considered feedback to the earlier consultation Legal aid: funding reforms where the government proposed exploring the concept of fixed fees and hourly rates for experts work. As a result of the wide range of responses received from experts, legal practitioners and other representative bodies, the government has decided that additional analysis of this complex area is needed to ensure that any future fee structures are both sustainable and fair.
In 2008-09 the Legal Services Commission spent £205.4 million on disbursements, an increase of £13.4 million from 2007-08. Currently, the legal aid budget pays different amounts for the same work by different experts and across different categories of law.
By seeking greater control over expert fees, the government aims to reduce disbursement spend to a more sustainable level, whilst maintaining access to justice through the provision of key expert evidence.
It is intended that the project will report to ministers with proposals for a new fee structure within six months.
Notes to editors
- For media enquiries contact the Ministry of Justice Press Office on 020 3334 3536.
- The project, entitled ‘Analysis and control of expert witness fees paid in legal aid work’ is outlined in the government’s formal consultation response document: Legal aid: funding reforms.
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