DS & Ors (Children)

DS & Ors (Children)

The LSC is not bound by the court’s order regarding expert evidence and rates; it has statutory authority to limit funding and rates except in exceptional circumstances. Courts and practitioners must provide clear reasons and justification for necessity and rates in applications for prior authority. Guidance is issued to improve clarity, speed, and efficiency in such applications and decisions.

Parties
Applicant: A Local Authority; 1st Respondent: DS; 2nd Respondent: DI; 3rd Respondent: DS (through a Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
31 May 2012
Procedural Posture
Care Proceedings / Application for Prior Authority for Expert Evidence
Outcome
Guidance issued; no determination on merits of expert instruction or funding.
Legal Topics
Prior Authority for Expert Evidence, Legal Services Commission Funding, Expert Witness Rates, Case Management in Care Proceedings
Family Law Administrative Law Prior Authority for Expert Evidence Legal Services Commission Funding Expert Witness Rates Case Management in Care Proceedings

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Parties

A Local Authority

Applicant

DS

1st Respondent

DI

2nd Respondent

DS (through a Children’s Guardian)

3rd Respondent

Procedural Posture

Care Proceedings / Application for Prior Authority for Expert Evidence

Legal Issues

  1. 1 Whether the Legal Services Commission can lawfully refuse or limit funding for expert evidence ordered by the court
  2. 2 Whether the court's order for expert evidence binds the LSC
  3. 3 What guidance should be given to courts and practitioners regarding applications for prior authority

Ratio Decidendi

The LSC is not bound by the court’s order regarding expert evidence and rates; it has statutory authority to limit funding and rates except in exceptional circumstances. Courts and practitioners must provide clear reasons and justification for necessity and rates in applications for prior authority. Guidance is issued to improve clarity, speed, and efficiency in such applications and decisions.

Court Disposition

Guidance issued; no determination on merits of expert instruction or funding.

Orders

  • Guidance to courts and practitioners on applications for prior authority for expert evidence.
  • Instruction of ISW and terms left to trial court; no binding order on LSC funding.