New Rates for Experts Fees

New maximum rates for experts came into force on 1 April 2013

The changes apply to work carried out by experts in all civil, family and crime work with a case start date or representation order date of on or after 1 April 2013.

The rate changes are being made under the:

•Civil Legal Aid (Remuneration) Regulations 2013
•Criminal Legal Aid (Remuneration) Regulations 2013

Maximum rates for experts have been in place since October 2011. But the 2013 Remuneration Regulations will introduce changes to some of the rates from April 2013, including:

•removing the London/non-London rate differentials for many of the expert types
•introducing a new higher rate for surveyors working in housing disrepair matters
The existing rates will continue to apply to cases started after 3 October 2011 but before 1 April 2013.

Please click here for full details. The new rates can be found in SCHEDULE 5.

The main changes affecting Mental Health are that the hourly rate for psychiatrists has been increased in London from £90 to £135 and Psychologists are now at £117. There is no reference to social workers.

MHLA 13th Annual Conference & AGM, 2nd November, London

Mental Health Lawyers Association

13th Annual Conference

Friday 2nd November 2012

Victory Services Club, London W2 2HF


9.00am Registration and Coffee

9.30am Richard Charlton Chairman’s Address and Welcome

9.45am LSC – MHU Contract Issues
Q & A Session, Chaired by Sue Antell and Peter Edwards

11.00am Coffee

11.30am Judge Hinchliffe MHT Practice / Future Plans

12.15pm Marian Trendell MAPPA

1.00pm Buffet Lunch

2.00pm Annual General Meeting Voting of Officers and Committee Members,
Presentation of Accounts

2.30pm Robert Robinson Mental Health Panel Accreditation

3.15pm Coffee

3.45pm Judge Jacobs Recent Case Law / Role of the Advocate

4.45pm Richard Charlton Closing Address

5.00pm Informal Reception

Please click here for the booking form.

Cheshire West & Chester Council-v- P & M

Below is an update from O’Donnells solicitors concerning their case Cheshire West & Chester Council-v- P & M.

We have been instructed by the Official Solicitor regarding this matter since 2009. At first instance Mr Justice Baker found that P was Deprived of his Liberty but the Court of Appeal overturned that decision. Munby L J who gave the main judgment indicated that the objective purpose of the restrictions imposed upon P were relevant in determining whether article 5 was engaged and “relative normality” was also relevant following Surrey CC-v- P and Q.

The judgment indicated that somebody like P should be compared to somebody else who has a similar disability and not with an ordinary person without a disability. Following this through to its natural conclusion it would therefore mean that far fewer people would be found to be Deprived of their Liberty and the Official Solicitor felt that this should be challenged.

The Court of Appeal refused to grant leave to the Supreme Court and we therefore made an application seeking leave to Appeal. We have now received confirmation that leave has been granted and that our case will be heard alongside that of P and Q-v- Surrey CC.

It is crucial to all those with considerable learning disabilities and challenging behaviour and those who care for them that these cases are heard by the Supreme Court.