The Civil Legal Aid (General) Regulations 1989

Other cases where authority may be sought

61.—(1) Where it appears to an assisted person’s solicitor to be necessary for the proper conduct of the proceedings to incur costs by taking any of the steps specified in paragraph (2), he may, unless authority has been given in the certificate, apply to the Area Director for such authority.

(2) The steps referred to in paragraph (1) are–

(a) obtaining a report or opinion of an expert or tendering expert evidence in a case of a class not included in any general authority given under regulation 60; or

(b) paying a person, not being an expert witness, a fee to prepare a report and, if required, to give evidence in a case of a class not included in any general authority given under regulation 60; or

(c) in a case of a class included in a general authority given under regulation 60, paying a higher fee than that specified by the Board or obtaining more reports or opinions or tendering more evidence (expert or otherwise) than has been specified; or

(d) performing an act which is either unusual in its nature or involves unusually large expenditure; or

(e) bespeaking any transcripts of shorthand notes or tape recordings of any proceedings not included in any general authority given under regulation 60.

(3) Where the Area Director gives authority for the taking of any step referred to in paragraph (2)(a) to (d), he shall specify the number of reports or opinions that may be obtained or the number of persons who may be authorised to give expert evidence and the maximum fee to be paid to each.