Many Thanks for all of your responses. It appears we have had a good open discussion on fees.

I think I will assume the Court will pay but make client aware of liability for fees if either payment from cfcf is limited or the Judge says no. I think the latter is an issue when seeking payment too.

Jacqueline 

-------- Original message --------
From: Jenny Wiltshire <jwiltshire@hickmanandrose.co.uk>
Date: 01/08/2018 14:27 (GMT+00:00)
To: Harvey Fox <Harvey.Fox@freemanssolicitors.net>
Cc: David Sonn <dsonn@smw-law.co.uk>, Jacqueline Ng <jacqueline@lawrencehamblin.com>
Subject: Re: Experts Fees _ Private Funding

Harvey

You do if your experts terms of business state that they are willing accept payment from central funds unless the court confirms they will pay a higher rate than usual.

When this happens we apply (& get) prior authority. Same for their airfares etc. The LAA then pays up.

It’s really not that uncommon when dealing with very specialist medical expertise.

J

Sent from my iPhone

> On 1 Aug 2018, at 13:23, Harvey Fox <Harvey.Fox@freemanssolicitors.net> wrote:
>
> You don't need prior authority for witness attendance at Court on legal aid as that is paid from central funds rather than by the LAA.
>
> Prior authority is just for their report.
>
> Harvey Fox
> Police Station Advice Coordinator
> FREEMANS SOLICITORS
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> Secure email: harvey.fox@freemans.cjsm.net
>
>
>
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> -----Original Message-----
> From: Jenny Wiltshire [mailto:jwiltshire@hickmanandrose.co.uk]
> Sent: 01 August 2018 13:20
> To: David Sonn <dsonn@smw-law.co.uk>
> Cc: Harvey Fox <Harvey.Fox@freemanssolicitors.net>; Jacqueline Ng <jacqueline@lawrencehamblin.com>
> Subject: Re: Experts Fees _ Private Funding
>
> The expert can of course decline to act on the basis they will be paid at central fund rates but again that is no different from legal aid (where you then have to apply for prior authority for their attendance at court).
>
> J
>
> Sent from my iPad
>
>> On 1 Aug 2018, at 13:14, Jenny Wiltshire <jwiltshire@hickmanandrose.co.uk> wrote:
>>
>> Agreed - the same applies.
>>
>> Sent from my iPhone
>>
>>> On 1 Aug 2018, at 13:13, David Sonn <dsonn@smw-law.co.uk> wrote:
>>>
>>> I think the same applies.
>>>
>>> Although this is an area in which I find the courts completely ignorant
>>>
>>> -----Original Message-----
>>> From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of Harvey Fox
>>> Sent: 01 August 2018 13:11
>>> To: Jenny Wiltshire <jwiltshire@hickmanandrose.co.uk>
>>> Cc: Jacqueline Ng <jacqueline@lawrencehamblin.com>; 'members@mail.lccsa.org.uk' <members@mail.lccsa.org.uk>
>>> Subject: Experts Fees _ Private Funding
>>>
>>> This is a private, not legal aid case.
>>>
>>> Sent from my BlackBerry - the most secure mobile device
>>> From: jwiltshire@hickmanandrose.co.uk
>>> Sent: 1 August 2018 1:06 p.m.
>>> To: Harvey.Fox@freemanssolicitors.net
>>> Cc: jacqueline@lawrencehamblin.com; members@mail.lccsa.org.uk
>>> Subject: Re: Experts Fees _ Private Funding
>>>
>>>
>>> That's not correct. The court will pay out of central funds. The expert submits their form to the court in the usual way.
>>>
>>> However you will need to make this clear in your letter of instruction, otherwise you are liable.
>>>
>>> Jenny
>>>
>>> Sent from my iPhone
>>>
>>> On 1 Aug 2018, at 10:13, Harvey Fox <Harvey.Fox@freemanssolicitors.net<mailto:Harvey.Fox@freemanssolicitors.net>> wrote:
>>>
>>> The Defence pay and it is refunded at legal rates if acquitted on a Defendant's Costs Order.
>>>
>>> Andrew Keogh does have a strategy for persuading the Court to order the expert's attendance and agree central funds if they are deemed to be present to assist the Court.
>>>
>>> Harvey Fox
>>> Police Station Advice Coordinator
>>> FREEMANS SOLICITORS
>>> 07973 259382 (24 Hours)
>>> Secure email: harvey.fox@freemans.cjsm.net<mailto:harvey.fox@freemans.cjsm.net>
>>>
>>> From: members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk> [mailto:members@mail.lccsa.org.uk] On Behalf Of Jacqueline Ng
>>> Sent: 01 August 2018 10:08
>>> To: 'members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk>' <members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk>>
>>> Subject: Experts Fees _ Private Funding
>>>
>>> Can anyone assist.
>>>
>>> Who pays the experts fees for attendance at court for trial (crown court), is it the court out of CFCF or the client? The court doesn't appear to know either.
>>>
>>> Thanks Jacqueline
>>>
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>>> Although we have taken steps to check our computer system for viruses we cannot guarantee that all our transmissions are virus free and you must satisfy yourselves as to their integrity. We accept no liability for any loss suffered by virus infection of any email or attachment.
>>>
>>> The increasing risk of fraud - please stay vigilant.
>>>
>>> If you receive an email purporting to be from a member of this firm asking for funds to be sent to a bank account, you must, as a security measure, contact the solicitor with whom you are dealing, on the telephone to verify the bank account details before sending any funds.
>>>
>>> Our client account details do not change. If you have received an email asking you to send funds to a different bank account to one that we may have given you previously, it is likely that the email could be from another person who has hacked in to your email account and is trying to commit a crime by defrauding you of your money. In that situation please contact us as above immediately. Please always be vigilant.
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