Legal aid solicitors have backed Legal Services Commission (LSC) proposals to overhaul the system for paying expert witnesses - but the experts are warning that it will deter many of them from giving evidence.

The LSC, which spent more than £130 million on experts in 2003/2004, is proposing guideline caps on pay in civil matters, which have traditionally paid out more than criminal cases. It also wants to see all experts accredited in their relevant field.


The scheme would give solicitors a lump sum for payments on account of disbursements, rather than having to make individual payments. There would be periodic reconciliation against actual claims.


Miller: protects client interests

The Legal Aid Practitioners Group welcomed the move. 'It seems to take account of the need to ensure that solicitors are not left having to fund disbursements out of their own pockets, and protects the interests of clients who need disbursements expended on their cases,' director Richard Miller said. 'On what we have seen so far, this appears to be a change that practitioners can look forward to.'

Brian Thompson, secretary of the Expert Witness Institute (EWI), said it was still looking at the proposals, but warned that experts were already jumping ship when it came to giving evidence in criminal trials, as they could earn more in their day jobs. The EWI is now concerned that the same problem is looming in the civil arena. 'If people are giving up their time, they should be paid what they would normally get,' he argued. 'If they are losing money by appearing in court, there is no incentive to act [in an expert role].'


The warning came as a survey of expert witnesses, by experts' trainers Bond Solon, showed that half charge between £150 to £250 per hour. Three-quarters now earn more than £100 an hour, a rise from 55% in 2002.


The survey also indicated that almost two-thirds of experts - 66% - had worked with a law firm that they would shun in the future.

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