TERMS & CONDITIONS FOR MEDICO-LEGAL REPORTING – Dr Geoffrey Todd Ltd
I set out below the terms and conditions upon which I accept appointment as an expert witness. These terms will be the only terms which apply to the appointment and may only be amended by agreement in writing.
1.0 Fees:
- All fees are subject to VAT.
- My hourly rate is £320 for report production.
- I will provide, on request, an estimate of my fees. I will keep these under review and advise you if I believe they will be exceeded.
- I will bill for all time spent in connection with the case, including but not limited to; the consultation, all investigations, preparation of report, telephone consultation with instructing solicitor/counsel. Also expenses incurred for pre-trial meetings and court attendance including travel, photocopying and subsistence costs.
- I will invoice upon delivery of my report. Payment will be due within one year of the date of the invoice.
- I will adhere to the “Medical Expert Declaration” required by the Court as follows: “I confirm that I have not entered into any arrangement where the amount or payment of my fees is in any way dependent on the outcome of the case”.
- No charges will be payable in respect of an appointment made by the Instructing Solicitor for their client where at least 24 hours’ notice of cancellation is given. If the consultation or appointment is cancelled less than 24 hours in advance or if the client fails to attend, an administrative fee of £50 will be levied to cover preparation time and room rental.
- You will be responsible for the payment of investigations invoiced by the hospital, including but not limited to x-rays and lung function tests. I will seek permission from the instructing solicitor for higher value investigations such as CT scans and complex lung function tests.
2.0 Additional Fees:
- Conference with Counsel (including travel & preparation) £250 /hr
- Court Appearance (irrespective of whether oral evidence is given) £600 /half day, £1000/full day.
- Court cancellation:
- less than 48hrs notice £250
- less than 24 hrs notice £350
3.0 Instructing Solicitors (or their Agent) Obligations:
- You are responsible for giving adequate instructions and obtaining all relevant notes, records and investigations, and shall check that all relevant matters are addressed in the reports.
- You must provide me with all information which might reasonably be expected to be relevant in enabling me to fulfil my responsibilities under this appointment as and when it becomes available to your Client and/or to Instructing Solicitors or their Agents.
- You will ensure that the information provided or prepared by your Client or on your Client’s behalf is complete and accurate in all material aspects and not misleading and is updated as necessary (informing me immediately if your Client discovers or has reason to believe that any of the Information is, or becomes, untrue, incomplete, misleading or inaccurate in any material respect). Instructing Solicitors acknowledge that I shall, and am entitled to, rely upon all information provided to me, that I shall not be responsible for the accuracy or verification of any information and that my report will be provided only on the basis of the information disclosed to me by you and the Client.
4.0 Right to Terminate
- The Appointment is subject to receipt of all necessary and relevant information from you in sufficient time to prepare a response and payment of invoices as they fall due. I will advise you promptly if:
- Instructions are not acceptable because, for example, they require work that falls outside my expertise, impose unrealistic deadlines, or are insufficiently clear.
- I consider that instructions are or have become insufficient to complete the work;
- I become aware that I may not be able to fulfil any of the terms of Appointment.
- I am not satisfied that I can comply with any orders that have been made.
- This retainer may be terminated by Instructing Solicitors at any time by written notice.
- Termination will not affect my entitlement to payment of any fees for work conducted or invoiced before the date of the termination.
5.0 Intellectual Property
- I will own the copyright in all reports and/or materials produced by me. Additionally, I will retain the title to all reports and/or materials produced by me until I have received full payment in accordance with paragraph 1 above.
6.0 Confidentiality
- I will treat all information, facts, matters, documents and all other materials of a confidential nature which I receive or create as a result of this appointment as confidential, (except insofar as I have to refer to them when setting out the substance of my instructions in your report or as required by law).
7.0 Conflict
- You will have notified me in writing of all relevant parties who have involvement in the case including other experts already instructed. I will confirm that I do not have an actual or potential conflict of interest in accepting this appointment in respect of any parties so named and that I will let you know without delay if I become aware of same.