All Correspondence:
2 Barnes Croft,
Hilderstone
ST15 8XU
Consulting Rooms:
Midlands
Basford Consulting Rooms
540 Etruria Rd,
Basford,
Newcastle-under-Lyme
ST5 0SX
Lakes
James Pittam Health & Fitness,
Penrith Leisure Centre,
Southend Rd,
Penrith,
Cumbria
CA11 8JH
London
10 Harley Street
London W1G 9PF
Terms and Conditions for accepting instructions from Solicitors.
These are the terms and conditions under which I agree to undertake medico-legal work on behalf of the Instructor.
If I have agreed other terms and conditions with the Instructor in writing, they will supercede these.
1. Confidential Information
The Instructor agrees to treat all information supplied by me as confidential and shall not disclose or otherwise use such information except for the purposes of the specific litigation to which it relates without first obtaining my written consent.
2. Medical Records
2.1. The Instructor must supply me with all relevant medical records and radiographs relating to the claimant before his or her appointment with me. The instructor shall have acquired the following information from the claimant:
2.1.1. the names and addresses of all practitioners from whom they have received treatment; and
2.1.2. the names of all hospitals at which they have received treatment or at which they have been the subject of investigation.
2.2. The medical records sent to me must be high quality photocopies. We are happy to receive records and imaging on CDs or email.
2.3. Medical records and documents provided by the Instructor will be held by me for a period of six months from date of examination of Claimant. After that time, unless otherwise advised, files will be destroyed.
2.4. If the instructing solicitor does not wish me to review medical records then this must be explicitly stated in the letter of instruction.
3. Appointment
3.1. An appointment letter will be sent to the claimant confirming the appointment time and venue on which I have been booked to see him or her.
3.2. In the instance where an appointment is booked less than 5 full working days before an appointment, the Instructor will be responsible for ensuring that the Claimant is properly notified and attends punctually.
4. Preparation of Reports
4.1. Where all medical records and radiographs have been obtained in accordance with clause 2, and it is clear that no further investigations into the claimant's condition are required, then my medico-legal report will be dispatched to the Instructor within forty eight hours of the appointment date.
4.2. If it becomes clear at the appointment that any medical records and/or radiographs have not been supplied to me, or that further investigations into the claimant's condition are required, then the Instructor must obtain any such medical records and/or radiographs and arrange any such further investigations before I will be able to complete my report. Once any outstanding records and/or radiographs have been obtained and any necessary further investigations undertaken, then my medico-legal report will be dispatched to the Instructor within one week of the date on which such outstanding matters have been resolved.
4.3. The Instructor is responsible for providing me with adequate instructions and shall check that all relevant matters have been covered by my report.
5. Further Investigations
5.1. If, at the time of the appointment, I believe further standard (plain) radiographs are required in order to prepare my report, then I shall inform the Instructor of such requirements. The Instructor shall then be responsible for obtaining these and forwarding these to me in order to allow me to complete the report.
5.2. Where I consider that further more complex investigations are required, such as computer tomography, magnetic resonance imaging, nerve conduction studies etc, then I shall inform the Instructor of such requirements. The Instructor shall then be responsible for obtaining these and forwarding these to me in order to allow me to complete the report.
6. Fees
6.1. All medicolegal work is based on my hourly rate, which is £400 plus VAT. I will provide estimates on request.
6.2. I will inform the instructing party before starting any work if the fee is likely to be more than previously estimated.
6.3. My hourly rate in respect of any further time spent by me in the preparation of the report and any other qualifying work, including addendum, is £400 per hour + VAT (the "Hourly Rate").
6.4. Payment for all reports is to be made within six months unless by prior agreement with instructing solicitors or if made via an agency within thirty days.
6.5. There will be no additional charges for factual corrections.
6.6. Conferences with counsel including any travelling time thereto will also be charged at the Hourly Rate, and in addition the Instructor will be responsible for any travelling or other expenses I incur.
6.7. My attendance at court as an expert witness will be charged at the rate of £3000 + VAT per day or part thereof (the "Court Rate"), and in addition the Instructor will be responsible for any travelling expenses or other reasonable expenses I incur.
6.8. Where my attendance at court is cancelled or rescheduled then the following fee will be charged:
6.8.1. Where I receive more than 10 working days notice, nothing;
6.8.2. Where I receive between 5 and 10 days notice, 50% of the Court Rate; or
6.8.3. Where I receive 5 days or less, the whole of the Court Rate.
6.9. Where the claimant fails to attend an appointment with me and has not given notice of their non-attendance, then I shall be entitled to charge a cancellation fee of £400 + VAT.
6.10. Personal Injury cases involving one body part injury will typically involve 3-6 hours of time with a fee of £1200-£2400 +VAT. Personal Injury cases involving more than one body part will typically involve 4-8 hours of time with a fee of £1600-£3200 +VAT. Liability and Causation negligence reports typically involve 8-12 hours of time with a fee of £3,200-£4,800 + VAT. Condition and Prognosis reports typically involve 6-10 hours of time with a fee of £2400-£4,000 + VAT. The lower end of the estimate will apply if a preceding liability report already includes a review of medical records and imaging. An estimate for review of records is 2 pages/minute. A quote will be given on request.
6.11. In the event of non-payment of fees within the agreed time frame referral to debt recovery agencies will be made and the instructing party will be responsible for all costs incurred.
7. Assessment
Any fees due to me in accordance with clause 6 shall not be subject to assessment by any court and are not dependent upon the successful outcome of the case. It is therefore entirely the responsibility of the Instructor to ensure where appropriate that:
7.1. My fees are no higher than reasonably necessary for the purpose of the litigation being undertaken; and
7.2. Where necessary, the prior approval of my fees by the Legal Aid Board has been obtained.
8. Communication
8.1. I shall endeavour to answer all communications from the Instructor as soon as reasonably practicable.
8.2. The Instructor should advise the claimant that as my instructions come from the Instructor only, all communications between the claimant and myself should be through the Instructor. The only exception to this is where the claimant needs to cancel their appointment with me in accordance with clause 6.
DG FEE STRUCTURE:
| Task | Charge Per Hour Plus VAT | Average Hours Req | Average Cost Plus VAT |
|---|---|---|---|
| Personal Injury Reports | £400 | 3 - 8 | £1200 - £3200 |
| Negligence Reports | £400 | 6 - 12 | £2400 - £4800 |
| Comments upon Defendants evidence | £400 | 2 - 4 | £800- £1600 |
| Review of a witness statement | £400 | 1 - 2 | £400- £800 |
| Supplementary Report | £400 | 2 - 6 | £800- £2400 |
| Response to Part 35 Questions | £400 | 1 - 3 | £400- £1200 |
| Support with preparation of Part 35 Questions | £400 | 1 - 2 | £400 - £800 |
| Providing a Joint Statement | £400 | 4 - 6 | £1600- £2400 |
| Conference with Counsel dependent upon attendance in person or remote | £400 | 4 - 8 | £1600- £3200 |
| Witness in Court - full day | £3000 plus VAT and travel expenses | ||
| Witness in Court - half day | £2000 plus VAT and travel expenses | ||
| Home Visits | Quotes given on individual basis | ||