Have a question?
033 3772 0409

Family Solicitors

LSC decision not to fund expert witness report “unlawful” (22 May 2014)

Date: 22/05/2014
Duncan Lewis, Family Solicitors, LSC decision not to fund expert witness report “unlawful”

The Court of Appeal has ruled that the Legal Aid Agency (LAA) acted unlawfully when it refused to fund the full cost of an expert witness report for a child, which had been ordered by the Family Division of the Court.

The ruling involved a case (JG v The Lord Chancellor) in which only the child had been granted Legal Aid and the parents were representing themselves as litigants in person.

The Court of Appeal heard that, under the Children Act 1989, the LAA had refused to meet the cost of more than one-third of the fees of an expert witness for the child.

The Law Society had argued that, in cases where the child has been awarded public funding – and the expert report is required by the child alone – then the LAA should meet the full cost.

However, the Lord Chancellor had said that the parents in such cases should pay a share of the costs if they are not in receipt of Legal Aid.

The Appeal Court has now ruled against the Lord Chancellor’s claim that there is a “normal rule” under which all parties should share the costs when an expert witness is appointed jointly by all parties.

In April, the High Court had ruled in favour of the LAA – which was previously called the Legal Services Commission (LSC).

Recent changes in Legal Aid for family cases have led to more people representing themselves in court, to save money on the cost of hiring a barrister or solicitor advocate to represent them.

The Appeal Court ruling in the case means that the LAA will have to treat each case individually when assessing whether the fees involved are eligible for public funding.

Duncan Lewis Legal Aid Solicitors

Duncan Lewis is a leading firm of Legal Aid solicitors and can advise on public funding for family and childcare cases in the Family Division of the Court, including Legal Aid for divorce cases, childcare proceedings (including children taken into Local Authority care) and Court of Protection cases.

Duncan Lewis Legal Aid solicitors are also able to advise on childcare and family cases under UK law – and can also advise on family and childcare matters under Islamic law.

For expert legal advice on family and children law, contact Duncan Lewis Legal Aid Solicitors on 020 7923 4020.


For all Family related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.