Legal Aid practitioners must obtain prior authority from the Legal Aid Agency (LAA) before instructing expert witnesses in legally aided immigration cases. The LAA assesses whether expert evidence is necessary, whether the proposed fee is reasonable, and whether the instruction timing allows fair proceedings.
Prior authority applications should include: the specific issues requiring expert analysis, the expert's qualifications, an indicative fee estimate, the tribunal deadline, and explanation of why expert evidence is necessary rather than reliance on CPIN or Country Guidance alone.
LAA rate expectations vary by expert discipline and report complexity. Country condition reports for major jurisdictions typically require higher fees reflecting research depth. Expedited instruction may attract additional costs — factor this into prior authority applications.
Instruct experts early to support LAA applications with realistic timelines. Late instruction with urgent deadlines may result in LAA refusal or reduced fee approval. Our network provides indicative fee ranges for prior authority applications.
Related Resources
- Legal Aid guide
- Fees
- How to instruct
- CPR Part 35 expert witness duties
- Immigration expert witness network directory
- Contact us
Frequently Asked Questions
How do I obtain LAA prior authority for an expert witness?
Submit a prior authority application to the LAA with the expert's fee estimate, qualifications, specific issues for analysis, and explanation of necessity. Do not instruct the expert to begin work until authority is granted.
What if LAA refuses prior authority?
Consider whether the case can proceed without expert evidence, apply for review of the refusal, or explore private funding. Document the LAA decision — it may be relevant to an adjournment application if expert evidence is essential.