Expert witnesses in family courts are considering legal action over a new cap on experts’ fees in legally aided cases, which can be much lower for witnesses based in London than elsewhere.

Dr Judith Freedman, convenor of the 500-strong Consortium of Expert Witnesses in the Family Courts, said: ‘We will be challenging the secretary of state for justice on the grounds that the new lower fees were set in the absence of data and without regard to the impact that the cuts will have on the family courts and on legally aided families.’

Under the regime introduced last month, the non-London hourly rates for a neurosurgeon and a neurologist would be £171 and £153 respectively - but their London equivalents would receive £90. The rates can be exceeded in exceptional cases.

The Ministry of Justice said the rates reflect the greater supply of experts in London. However, Freedman warned that NHS trusts say they cannot afford to make staff available at the lower rates. ‘Family solicitors are already struggling to find experts to work at the lower London rates,’ she said.

Christina Blacklaws, Law Society council member for child care solicitors, described the decision to reduce the fees in London to below those outside the capital as ‘bizarre’. She said: ‘There is already a shortage of good experts, causing serious delays. If you continue to turn the tap off, there will be a denial of justice for vulnerable people in cases which can only be determined with expert ­evidence.’

An MoJ spokesman said the introduction of the fixed fees and hourly rates followed a full public consultation.

Topics