The Ministry of Justice (MoJ) has confirmed the level of fees it considers will generally be acceptable for specified expert types providing reports in cerebral palsy clinical negligence cases in England and Wales.
This follows discussions with representatives of clinical negligence providers about the exceptionality test in paragraph 2 of Schedule 5 to the 2013 Regulations.
There are limited numbers of neurologists, neuroradiologists and neonatologists available to provide the specialised and unusual evidence that is often necessary in cerebral palsy cases.
As a result the MoJ is satisfied that this limited pool of specified experts will mean that the exceptionality test is likely to be satisfied in many of these cases.
The MoJ considers that the following rates are a reasonable starting point for the rates that the Legal Aid Agency should normally apply.
These will be for a specialist expert commissioned to provide specialised and unusual evidence in a cerebral palsy case, and their evidence is key to the client’s case:
- Neurologist: £200 per hour
- Neonatologist: £180 per hour
- Neuroradiologist: £180 per hour
Where the provider wishes to exceed these rates, then they will need to provide sufficient justification to do so.
The MoJ expects to codify these rates later in 2013.
Contains public sector information licensed under the Open Government Licence v1.0.
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