Even More on Experts and Prior Authority

Friction with the LSC on Family bills and expert fees continue.

The volume of today’s crop of issues is only slightly unusual, we have this sort of stuff on a fairly regular basis. However this matter from the pile does stand out.

Battles with the LSC over experts fees and prior authority are legion. The immediate case is with regard to the splitting of psychological assessment fees in a complicated multi child care case. It is one of these which has resulted in a Family Judge ordering the LSC’s attendance at Court – a bit like the case referenced in this post.

Unsurprisingly the LSC did not attend as requested the Court order – supporting our clients position – was confirmed and neither did the LSC turn up at a subsequent hearing to challenge this. None of this is unusual or that remarkable.

What is interesting, however, is what turned up in subsequent correspondence. The LSC, again unsurprisingly, justify their stance and remain obstructive however describe a “protocol”, “agreed with senior family judges” whereby they should “contact our litigation department rather than order the Commission to attend Court”. The LSC express their surprise that this has not been adopted in this case and indicate that the said Litigation Dept will be in touch with the Judge to “agree any attendance”.

We have not seen this publicised anywhere however it may well be something worth knowing about, should you end up in similar circumstances. How willing Judges will be to pick up the phone and call the LSC remains to be seen. How many of such calls prove to be effective even more so.