What are the hourly rates for Psychology Expert Witnesses?
The Community Legal Service (Amendment 2) Order 2011, refers to hourly rates for Expert Witnesses as follows – “Paragraph 15A – …. the Commission may provide for the payment of expert service only at the fixed fees or at rates not exceeding the rate set out in schedule 6”
Schedule 6 provides a complete list of all hourly rates fixed by the Commission. Historically, it has not made a difference if you work inside or outside of London; however, from October 3rd 2011 that changed. For Criminal Legal Aid cases the Legal Aid Agency (LAA) set Expert rates for “Inner London” lower than “Non-London” rates, whereas this did not apply for Civil cases. The LAA later clarified that “Inner London” referred to anywhere in a London Borough. These rates were subsequently revised again in 2013 and at the time of writing (January 2021) those rates still apply as follows:
Criminal Legal Aid – Expert rates on cases started on/after 2nd December 2013
Psychologist hourly rate “Inner London”* – £72.00
Psychologist hourly rate “Non-London” – £93.60
Child Psychologist hourly rate “Inner London”* – £72.00
Child Psychologist hourly rate “Non-London” – £100.80
Civil Legal Aid – Expert rates on cases started on/after 2nd December 2013
Psychologist hourly rate “Inner London”* – £93.60
Psychologist hourly rate “Non-London” – £93.60
Child Psychologist hourly rate “Inner London”* – £100.80
Child Psychologist hourly rate “Non-London” – £100.80
According to the guidance, this is the maximum an expert can quote per hour for Criminal & Civil cases.
Conversely, in section 2 of Paragraph 15A, the guidance specifies that these rates may be increased in ‘exceptional circumstances’ and these are detailed as follows:
i) The evidence is key to the client’s case
ii) The complexity of the material is such that an expert with a high level of seniority is required; or
iii) The material is of such a specialised and unusual nature that only very few experts are available to provide the necessary evidence.
The issue of recognising a case falling into an ‘exceptional’ circumstance is obviously very difficult at the point of initial enquiry. Quite often we are speaking to a secretary or paralegal who is not fully informed about the details of the case and this makes it very hard to determine whether the case meets the criteria to work outside of the enforced rates, when we submit a fee estimate. Because of this, an amendment to the terms of engagement is advisable and experts will reserve the right to request review of the rate if it is evident, upon receiving the instructions, that they are complex or central to the client’s case.
*Paragraph 3.47 states that:
Within the Funding Order and Payment Annex, it is the location of the expert that determines whether London or non-London rates or fees apply. London rates will apply where the expert is based within a London Borough. If an expert has offices in more than one location, the location of the Provider will be taken in account in deciding the appropriate rates.
There have been various updates to this documents since the original publication and at the time of writing the latest version was dated September 2020 – “Guidance on the Remuneration of Expert Witnesses in Family Cases“.
