During a sample 3-week period we analysed 465 Prior Authority tasks. We found that 44% of them had to be Document Requested, Refused or Part Granted, resulting in it taking longer to make the final decision.
The Top 5 Reasons:
1. No Court Order
2. Requested amount incorrect
3. No Expert Estimate
4. Retrospective
5. No Letter of Instruction
Top Tips to Help Speedier Prior Authority decisions from the LAA:
1. Supporting Documents
Please provide the following documents on submission of every prior authority request for expert instruction:
- A copy of the court order directing the instruction
- A copy of the expert’s estimate confirming overall cost, hourly rate and breakdown of the fee
- A copy of the Letter of Instruction
- The other parties’ certificate references
If an intermediary is to be instructed, please also provide:
- A copy of the relevant psychological/psychiatric report on the client
If the prior authority relates to the instruction of an International Law Expert, please also provide:
- A copy of the expert’s CV/Profile
If prior authority is requested to cover the client’s travel costs, please provide:
- A copy of the court order listing the hearing (should travel costs relate to attendance at said hearing)
- A copy of any quotes obtained (an email or telephone attendance note will suffice)
If you intend to instruct two counsel, KC or KC with Junior, please provide:
- Advice of junior counsel on the level of representation requested (or other
information in support of this application). Please refer to Sections 1.2 and 1.3 of the Narrative and Guidance: legal aid, which may be found at the following link: funding and costs assessment for civil and crime matters
NOTE: If for any reason, the requested documents are not available or are not relevant to a particular application, please address this on submission to avoid unnecessary document requests.
2. Please apply for prior authority at the earliest opportunity as prior authority does not operate retrospectively
- If there is any delay in submitting prior authority and; as a result, the request needs to be considered urgently please contact the team at
CivilPriorAuthorityRequests@justice.gov.uk in order that your request may be expedited. Alternatively, you can contact the Customer Services Team on 0300 200 2020. - If your prior authority request is submitted after the court deadline for the filing of an expert report but that deadline has been missed, please confirm this on submission.
- Please note that if a request is refused as retrospective, this is not an indication that the cost will not be met, only that the cost will need to be justified on assessment.
3. Please apply for your certificate’s share or costs, rather than the overall cost of the assessment
- The ‘Amount Requested’ field on CCMS should be your client’s share of costs,
exclusive of VAT and travel costs (excluding prior authority requests for travel costs themselves, of course) - Please consult the below link for guidance on Expert Witnesses in Legal Aid Cases: expert witnesses in legal aid cases