TERMS AND CONDITIONS
TERMS & CONDITIONS
Relating to the Provision of Expert Witness Services
Appointment
Depending upon the instructions received, Simon may be appointed as an expert adviser, party-appointed expert, single expert or single joint expert.
The instructing solicitor instructs Simon as principal and remains responsible for payment of his fees unless otherwise agreed in writing.
Instructions should be provided clearly and in writing. Work will commence once sufficient instructions and the relevant documentation have been received.
Obligations of the Instructing Solicitor
The instructing solicitor will:
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Provide clear written instructions and all relevant documentation reasonably required to enable Simon to fulfil those instructions.
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Respond promptly to reasonable requests for further information, records, radiographs, correspondence or other material required for the preparation of an opinion or report.
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Provide reasonable notice of any conference, joint expert meeting, hearing, trial or other appointment at which Simon's attendance is required.
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Not alter, or permit others to alter, the substance of any report prepared by Simon.
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Notify Simon promptly of any material change to the scope of the instructions, relevant evidence, timetable or Court directions.
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Ensure that invoices are paid in accordance with the agreed payment terms.
Obligations as an Expert
Simon will exercise reasonable skill and care in carrying out the instructions.
He will act independently and objectively at all times and recognises that his overriding duty as an expert witness is to the Court.
Simon will accept instructions only in matters that fall within his own knowledge, training and clinical experience.
He will notify the instructing solicitor promptly if he becomes aware of any conflict of interest or other matter that may affect his ability to continue acting.
He will make reasonable efforts to be available for conferences, joint expert discussions, hearings and trials where adequate notice is provided.
He will preserve confidentiality except where disclosure is required or authorised by law, Court order or the terms of the instructions.
Reports will be prepared in accordance with the applicable Civil Procedure Rules, including CPR Part 35 and Practice Direction 35.
Fees
Fees are based on the nature and complexity of the case, the volume of records and radiographs to be reviewed, the scope of the instructions and the professional time required.
Wherever possible, a fixed fee quotation will be provided in advance. Current indicative fees are available on the Fees page.
Where the scope of the instructions, volume of documentation or work required materially changes after a fee has been agreed, the instructing solicitor will be notified. Any additional fee will ordinarily be agreed before substantial additional work is undertaken.
Simon does not charge VAT.
Supplemental Work and Conferences
Supplemental reports, responses to Part 35 questions, conferences with solicitors and Counsel, joint expert discussions and other additional work will be charged according to the scope of the work required unless a fixed fee has been agreed in advance.
Court Attendance
Fees for Court attendance are charged at the applicable daily or half-day rate.
Where substantial preparation is required in advance of a hearing or trial, additional preparation time may be charged separately.
Cancellation
Where time has been reserved for a conference, joint expert meeting, hearing or trial and the appointment is subsequently cancelled or vacated, a cancellation fee may be payable.
The amount charged will reflect the notice provided and the professional time that had been reserved.
Travel and Expenses
Reasonable travel and accommodation expenses will be charged where required.
Travel time may also be charged where appropriate.
Any substantial travel or accommodation costs will normally be agreed in advance.
Payment Terms
Unless otherwise agreed in writing, invoices are payable within the period stated on the invoice.
The instructing solicitor remains responsible for payment of Simon's fees irrespective of whether payment has been received from the client, insurer, litigation funder or any other third party.
Simon reserves the right to charge interest on overdue invoices in accordance with applicable law.
Records and Documentation
Original documents should not normally be provided unless specifically requested.
Where original material is supplied, responsibility for retaining copies remains with the instructing party.
Records and other confidential material will be handled in accordance with applicable professional, confidentiality and data-protection obligations.
Termination of Instructions
Simon reserves the right to cease acting where instructions are withdrawn, where requested work falls outside his expertise, where a conflict of interest arises, where insufficient information is provided to enable him to fulfil his duties properly, or where invoices remain materially overdue.
Where reasonably practicable, the instructing solicitor will be notified before Simon ceases acting.
Independence
Simon acts as an independent expert witness.
His opinion will be based upon the evidence available to him and his professional judgment, irrespective of whether that opinion supports the position of the instructing party.