Update on disclosure in children’s cases and cap on reports in s11 cases


Friday, Jan 25, 2013

Changes to guidance on disclosure in children’s legal assistance cases.

In our mailshot dated 18 January 2013, we notified you about our approach to paying for precognitions in children’s legal assistance cases in light of the Practice Note issued by SCRA. This guidance will be applied to precognitions taken on or after 25 February 2013. In light of some feedback from solicitors on this guidance we are amending its terms to further clarify some issues. The amended guidance will be published in the Children’s Legal Assistance Handbook later today.

Since the January mail shot was issued a number of queries have been raised about certain aspects concerning charges that may be incurred by reporters and that clarification has also been sought on the exact date of implementation of the changes.  As a result we can confirm that the new arrangements concerning the cap on reporter’s costs applies where the court orders a report on or after 18 February.  Any reports ordered before this date, irrespective of whether work on the report has commenced or been concluded, do not involve the new arrangements. The £3000 limit is exclusive of VAT and outlays that may be incurred to third parties when preparing the report e.g. where a medical report is needed but is inclusive of outlays incurred directly by the reporter such as travel costs. The cap applies to each individual report prepared in a case rather than being a global limit to cover the cost of several reports.


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