TERMS AND CONDITIONS

RELATING TO THE PROVISION OF EXPERT SERVICES

My appointment is as Advisor / Single Expert / Single Joint Expert

For the avoidance of doubt, you have instructed me as principal, and not as agent for your client. In the absence of any response, I shall assume that you have accepted these terms.

My instructions are set out in your letter of DD/MM/YYYY. You have not yet instructed me in writing, and I am unable to start work until you do so (Delete as appropriate)

The solicitor's obligations to me

Deal promptly with every reasonable request by me for authority to obtain any information, document or record deemed necessary by me to fulfil your instructions
Give me prompt notice of every meeting, hearing, trial or other appointment at which my attendance is required
Not alter or permit others to alter any report produced by me
Notify me in writing seven days before disclosure of my report is to be made so that final checks to update the report can be made by me before the report is disclosed
Provide me with the following documentation where appropriate: dental records, medical records, radiographs (X-rays) all prior to and after the incident; the claimant`s and defendant`s statements; reports from other experts; any court directions as to how the case is to be conducted; any other relevant documentation
Ensure that my fees are paid promptly and that where taxation/assessment of costs is necessary, apply for and pursue so that my reasonable fees and disbursements are recovered.

It is the responsibility of the solicitor to give me very clear written instructions. Where this is not done and additional work on my part then becomes necessary, a fee will be charged.

My obligations to the solicitor

As an expert I will:

Use reasonable skill and care in the performance of the instructions
Act with objectivity and independence and, in the event of a conflict between my duties to your client and the court, hold my duties to the court paramount
Undertake only those parts of the case for which I am qualified or experienced
Promptly notify you of any matter which would disqualify me or render it undesirable for me to continue
Make myself available for all meetings, hearings, trials and other appointments of which I have received adequate notice
Not without good cause discharge myself from the appointment as an expert
Preserve confidentiality unless expressly or by implication authorised to the contrary
Not negotiate with the other party or their advisers unless authorised by you to do so. This does not apply to any other order of the court or tribunal
I will use my experience, care and skill in fulfilling your instructions to the best of my ability. Please remember that I am an independent witness.
Provide reports(s) that comply with The Civil Procedures Rules 1998.

Fees

My fees are based upon the degree of responsibility and skill involved and the time necessarily occupied on the work.

Consultation – £250

Prep for evidence – £250 per hour

Screening report - £550

Dental personal injury Accident report – from £550

Condition & Prognosis report – from £750-£2000 (depending on complexity)

Liability & Causation report – from £750-£2000 (depending on complexity)

Supplemental work– £350 per hour

Court appearance (per day) – £1500 (£750 per half day) plus expenses

Radiographs – £45.00

Clinical photographs -£5.00 each

Where I am instructed to prepare for and attend a hearing or case conference, and for whatever reason those instructions are revoked, I reserve the right to make a cancellation charge calculated on a sliding scale according to the period of notice given and the amount of time reserved for the hearing or case conference.

The hourly rate for travel is £120.00, together with the costs of First-Class Rail or Air travel.

Overnight stays are charged at a rate equivalent to mid-priced hotel rates. In London the rate will be that charged for a double room at the Royal Society of Medicine ‘Domus Medica’. Both rates exclude meals.

All fees are reviewed annually on 1st January
Invoices will be submitted at the appropriate times

Initial review of cases

I can undertake an initial review of any case and set out my opinion in writing (a preliminary report) and give guidance on how the case could be best managed, as well as my likely fee for any further work.

Funding of cases

I can provide you with a costed programme of work for submission to the appropriate organisation in cases where prior authority is required.

Even where a fee has been agreed between us in advance, I reserve the right to invoice you for the full cost even if this exceeds the fee agreed in advance.

You are requested to apply promptly to the appropriate organisation for all interim and final payments of my fees and disbursements as invoiced.

My fees are payable within six weeks from the date of my invoice unless otherwise agreed in advance.

Privately funded cases

You will at all times ensure that the funds are available to meet my fees and expenses and that my invoices are paid within three weeks from the date of my invoice.

The settlement date will be clearly shown on the invoice. If my fees are not settled by this date, and it becomes necessary for me to issue a reminder letter or letters, then there will be an administration fee of £35 per letter added to the account.

I remind you that you remain liable to pay my invoice even if your client has not paid you.

I reserve the right to charge interest at 3% over base on all cases in the event of late payment.

TERMS AND CONDITIONS

CONTACT