Legal Aid and Witness Costs
The Ministry of Justice has announced that from 22 July 20 2019, witness costs will no longer be pre-approved "as there is no statutory requirement for them to be paid by legal aid." The disbursement will continue to appear in the grants schedules where the application was received before 22 July 2019 but will not be available to claim.
Previously, witness fees and costs were a pre-approved disbursement. The amounts payable were governed by the Witnesses and Interpreters Fees Regulations 1974.
Following a review, the Ministry has advised that from 22 July the pre-approved disbursement will not appear in the grants schedules.
They advise practitioners that if they are submitting an amendment to grant to cover witness costs, they should ensure it identifies the exceptional circumstances that require them to be paid by legal aid.
Expert witness travel is not affected. It continues to require prior approval.
