The LSC have now published the revised civil Costs Assessment Guidance for cases affected by the October fee cuts. The key points to note are the passages concerning payment of experts’ fees from para 3.39 onwards. Para 3.41 sets out the LSC’s approach to joint experts where one party is non-legally aided; this will be vital for clinical negligence and housing practitioners, among others, to note. In short, the position is that the LSC will pay half (or other fraction depending on the number of parties) the hours incurred at a rate not exceeding the prescribed maximum. Where there are different maximum rates for London and non-London, it is the location of the expert’s office that decides which applies. Barristers will want to note para 13.11 onwards, dealing with the new prescribed rates for counsel in non-family cases.
The third reading of the legal aid bill in the House of Commons has been delayed a week and will now take place on 31st October and 1st and 2nd November. This gives you an extra week to use Justice for All’s tool to email your MP.