When you need approval to employ an expert

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You always need our prior approval to employ an expert witness.

In every application you must tell us what issues are to be addressed by the particular expert you are seeking.

Expert witnesses and witnesses as to fact

While you need our prior approval to employ expert witnesses, you should check whether certain witnesses will be regarded as “experts” or not.  To meet the description “witness”, the expert does not have to be called to give evidence.

Generally speaking, a witness may be deemed to be an expert where:

  • they are consulted to give an opinion on a matter arising in the court proceedings
  • they have professional skills or qualifications which make such an opinion valuable
  • they would not have been involved as a witness in the case had one of the parties not specifically asked them to give such an opinion.

You do not need our prior approval for someone who is skilled or an expert in their field to be cited and give evidence that is factual. For example, you do not require our prior approval for a report from your client’s GP  to report on what sort of medication they are receiving.

Any professional is only an expert witness if they are offering an expert opinion.

What work will approval for counsel cover in 2011 Act court proceedings?
Applying for approval to employ an expert

In this section

Procedures after legal aid is granted

What work requires prior approval from us for 2011 Act proceedings?

Find out what work needs our prior approval

Procedures after legal aid is granted

General guidance on approval for counsel

Find guidance on approval for counsel, including when using counsel is appropriate.

Procedures after legal aid is granted

Applying for approval for counsel in children's proceedings

Find out what information to provide when applying for approval for counsel in children's proceedings and what documentation to lodge with your application.

Procedures after legal aid is granted

Factors that may justify the employment of junior counsel

Find out what factors and considerations we will take into account when deciding whether to grant sanction for counsel.

Procedures after legal aid is granted

Approval for two or more junior counsel, or for senior counsel acting alone or with junior counsel, in children’s court proceedings

Find out what factors we will consider in deciding whether to grant approval for combinations of junior and senior counsel

Procedures after legal aid is granted

Instructing a solicitor advocate instead of an advocate

Find out whether a solicitor advocate can be instructed in children’s proceedings and how to apply for sanction to instruct a solicitor advocate.

Procedures after legal aid is granted

What work will approval for counsel cover in 2011 Act court proceedings?

Find out what work will be covered if approval is granted to instruct counsel for proofs, appeals, opinions and other hearings.

Procedures after legal aid is granted

Applying for approval to employ an expert

Find out how and when to apply for approval including what supporting documentation to lodge and seeking leave from the court to lead expert evidence.

Procedures after legal aid is granted

Selecting an appropriate expert

Find out about how to identify a suitably qualified expert.

Procedures after legal aid is granted

Prior approval required for experts and limitations on their costs

Find out about what level of costs to apply for and what financial limitations we might impose on the amount of sanction granted for an expert witness.

Procedures after legal aid is granted

Approval for unusual expenditure or work likely to involve unusually large expenditure

Find out what is considered to be unusual expenditure or work likely to involve unusually large expenditure and how to apply for approval for such work.

Procedures after legal aid is granted

What information should be provided in support of an application for approval for unusual expenditure or work likely to involve unusually large expenditure?

Find out what documents/information should be provided when applying for approval for unusual expenditure or work likely to involve unusually large expenditure.

Procedures after legal aid is granted

Approval for unusual work or work likely to incur unusually large expenditure – special measures for child witnesses and vulnerable adult witnesses

Find out whether you need prior approval to use special measures to assist child and vulnerable adult witnesses.

Procedures after legal aid is granted

Taking precognitions in children’s hearings proof proceedings and disclosure of evidence by the Reporter

Learn about what information Reporters will disclose in proof proceedings, when sanction is needed before taking precognitions and joint or shared precognitions

Procedures after legal aid is granted

Reconsideration of approval application refusals or approval part grants

Find out whether you can ask us to reconsider an approval application which has been refused or only granted in part.

Procedures after legal aid is granted

Changes of nominated solicitor and withdrawing from acting

Find out what to do if you want to stop acting for a client or take over acting for a client from another solicitor.