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Academy of Experts Standard Terms
& Conditions
1. Recital
of Appointment - The Appointor has appointed the
Expert to provide advice and services in accordance
with these Terms of Engagement.
2. Definitions - Unless the context otherwise
requires:
(1) "The
Appointor" means the lawyer, insurer, Government
department, local authority, firm, or other body
or persons instructing the Expert.
(2) "The
Expert" means the person appointed hereunder
to render expert advice and services, including
the giving of evidence, but not formal advocacy.
(3) "The
Client" means the person(s), Government
department, local authority, firm, or company to
whom the Expert has been instructed to provide such
advice and services.
(4) "Fees"
means (in the absence of written agreement to the
contrary) the reasonable charges of the Expert based
on the Expert"s normal hourly rate of work
of the type instructed. A daily rate shall be applied
to any day or part of any day of a hearing, including
preparatory work and waiting time. Unless otherwise
agreed, time spent travelling may be charged at
the full hourly rate. Value Added Tax or the equivalent
tax will be charged where applicable.
(5) "Disbursements"
means all reasonable expenses necessarily incurred
in rendering expert advice and services, including
the giving of evidence. By way of example, they
include the cost of relevant photography, video
recordings, computer software, reproduction of drawings
and diagrams, printing and duplicating, the cost
of obtaining published documents including travel,
business class air fares, reasonable refreshments
and four star hotel accommodation where an overnight
stay is necessary. Value Added Tax or the equivalent
tax will be charged where applicable.
(6) References
to the masculine gender shall be deemed to include
the feminine.
3. The
Appointor - The Appointor will:
(1) Provide
full instructions in writing supported by legible
copies of all relevant documents.
(2) Deal
promptly with every reasonable request by the Expert
for authority, information and documents.
(3) Not
alter or permit others to alter the reports of the
Expert.
(4) Ascertain
the availability of the Expert for every hearing,
meeting or other appointment at which the Expert"s
attendance will or may be required and give the
Expert immediate written notification together with
adequate notice.
(5) In
Legal Aid cases:
(a) inform
the Expert at the outset if the case is or is
expected to be legally aided;
(b) provide
the Expert with sufficient details of the case
and promptly answer any queries that will enable
the Expert to prepare any requited estimate
of charges;
(c) not
require the Expert to provide any services before
the grant of authority by the Legal Aid Board
for his fees and disbursements;
(d)
apply to the Legal Aid Board for prior approval
of the Expert"s anticipated fees and promptly
inform the Expert accurately of the outcome
of the application;
(e) apply
as above for additional fees required by any
further work not originally authorised;
(f) make
timely application to the Legal Aid Board or
to the Court for interim and final payments
for the Expert"s fees and disbursements
as invoiced and promptly remit to the Expert
all such payments upon receipt;
(g) use
his best endeavours to ensure that the Expert"s
fees and disbursements are recovered in full
by way of the Legal Aid Fund and in the case
of the Crown Court from the Lord Chancellor"s
Department;
(h) so
advise the Expert if he is a Legal Aid franchisee
with devolved powers in the relevant category
of work and ensure prompt remittance of interim
and final payments as invoiced;
(i) use
his best endeavours to ensure that the Expert"s
fees and disbursements are promptly remitted
in full in the event of termination or suspension
of a Franchise Agreement or of a Legal Aid Certificate.
Where a taxation of costs is necessary it will
be applied for, pursued of defended (as applicable)
in a timely manner.
(6) In
privately funded cases ensure that he is at all
times in funds to discharge and promptly discharge
the fees and disbursements of the Expert.
(7) Unless
otherwise agreed, pay in full the Expert"s
fees and disbursements irrespective of the outcome
of any taxation of costs.
4. The
Expert - the Expert will:
(1) Undertake
only those parts of a case in respect of which the
Expert considers that he has adequate qualifications
and experience.
(2) Use
reasonable skill and care in the performance of
the instructions received.
(3) Act
with objectivity and independence with regard to
his instructions and, in the event of a conflict
between his duties to the Client and to the Court
or Tribunal, will hold his duties to the Court or
Tribunal paramount.
(4) Promptly
notify the Appointor of any matter including a conflict
of interest or lack of suitable qualifications and
experience which could disqualify the Expert or
render it undesirable for him to have continued
involvement in the case.
(5) Endeavour
to make himself available for all hearings, meetings
and other appointments of which he has received
adequate written notice.
(6) Not
without good cause discharge himself from the appointment
as Expert.
(7) Preserve
confidentiality save as expressly or by necessary
implication authorised to the contrary.
(8) Not
negotiate with an opposing party or adviser unless
specifically instructed by the Appointor so to do.
For avoidance of doubt this clause does not apply
to any Order of a Court or Tribunal.
(9) Attend
such Meetings of Experts as Ordered by the Court
or Tribunal or as required by the Appointor. At
any such Meeting adhere strictly to the terms of
reference set down in writing.
(10) Provide
all relevant information to allow the Appointor
to defend the Expert"s fees or disbursements
at any taxation of costs.
(11) Promptly
respond to any complaint of the Appointor and within
a reasonable time provide a statement of explanation
or a means of rectification.
5. Intellectual
Property Rights - The intellectual property
rights of all work created by the Expert shall remain
vested in the Expert unless otherwise agreed in
writing. The Expert asserts all his moral rights.
6. Fees
and Disbursements
(1) The
Expert may present invoices at such intervals as
he considers fit. Payment of each invoice is due
on presentation, subject to any written waiver or
indulgence granted by the Expert.
Note: The
Judicial Committee"s Guidelines make (a)
payment upon a contingency fee basis unacceptable
and (b) the placing of pressure upon the Expert
by the Appointor to provide extended credit
terms or any other arrangement for inclusion
in the Appointor"s approved list of Experts
improper, as they compromise the Expert"s
independence and impartiality.
(2) For
the avoidance of doubt, in the following circumstances
the Expert shall be entitled to charge fees on such
basis as he considers appropriate:
(a) where
the Expert"s time has been reserved by
subpoena or otherwise for a specific hearing,
meeting or other engagement, or
(b) where
specific instructions have been given to the
Expert for an inspection/examination and report,
and where, due to settlement of the dispute
or any other reason not being the default of
the Expert, the reservation of time has been
cancelled and/or instructions have been withdrawn.
(3) The
Appointor and the Client shall be jointly and severally
liable for payment of the Expert"s fees and
disbursements.
(4) The
Expert shall at his discretion be entitled to invoice
and recover interest at 1.5% per month on all unpaid
invoices after 30 days. The full amount of his administrative,
legal and other costs of recovering unpaid invoices
is chargeable.
7. Disputes
(1) In
the event of a dispute over the amount of the Expert"s
fees such sum as is not disputed shall be paid forthwith
irrespective of any set off or counter-claim which
may be alleged.
(2) Any
dispute arising between the Appointor or the Client
and the Expert shall be referred to Mediation in
accordance with The Academy of Experts" Mediation
Guidelines. Upon the application of any party the
Faculty of Mediation of The Academy of Experts will
appoint a Mediator.
(3) Any
dispute or difference not resolved by Mediation
as in 2 above within 30 days of the appointment
of the Mediator shall be referred to a single arbitrator
who, if not agreed upon by the parties within 14
days thereafter, shall be appointed upon the application
of either party by the President of the Chartered
Institute of Arbitrators.
(4) See
8 (6) re recovery of unpaid accounts
8. Additional
IDMU Terms & Conditions
(1) Acceptance:
Receipt of further correspondence in this case shall
signify full and binding acceptance of the terms
and conditions stated herein in accordance with
Common Law.
(2) Estimates:
The final bill of costs represents the actual time
and other costs incurred on a case, and depends
the amount and complexity of evidence, the extent
and volume of correspondence and the duration of
a case. Final costs may therefore exceed or fall
below the estimated range.
(a) Where
initial consultation does not lead to instruction,
full costs are payable (including perusal of
all papers received) where these exceed £35.00
excluding administration and VAT (equivalent
to 5 brief phone calls or up to 30 minutes time).
(b) Initial estimates do not include VAT,
other disbursements, or unforseen work which
might arise following an initial perusal of
evidence.
(c) The
appointor is liable for all costs falling within
any estimate provided:
(i) at
the outset of any case and
(ii) in
advance of any additional work performed
or
(iii) subsequent
to receipt of case papers where these exceed
the volume specified
(d) Initial
estimates are based on a presumption that there
will be no more than a specified maximum number
of pages of case papers (including correspondence,
written statements, interview transcripts, documentary
evidence, photographs, instructions, laboratory
casenotes, scientific papers etc) received,
perusal of all papers received is charged on
the basis of 2 minutes per page. Initial estimates
are deemed to increase by £100 for each additional
30 pages (or part thereof) over and above the
maximum number of pages specified therein.
(3) Availability:
Where availability is indicated, in writing, for
a particular date, such notification is valid at
the time of writing only, unless confirmed. Court
dates are in a state of constant flux, and are frequently
"booked up" 6-8 weels in advance. Dates
are allocated on a first-come first-served basis,
and telephone confirmation is essential. Availability
for any 'warned' list cannot be guaranteed as the
first case to fix a trial for any date has priority.
If a date is postponed immediate notification is
required by telephone and fax/post, as a
"double-booking" may be accommodated.
(4) Cancellation
Fee: If instructed to attend court, or to
be available to attend court, on any day or days
or during any "warned" or "floating"
list, should that attendance not be required due
to postponement, plea or other reason, a cancellation
fee equivalent to one half day"s attendance
shall be payable unless notice of cancellation is
received at least two full working days prior to
the scheduled or warned date. This fee is applicable
for up to two days of any case listed for five days
or less, and up to the first four days of any trial
scheduled for a longer period. Instructing solicitors
are liable for any such fees which are not paid
by the court, whether arising from failure to notify
or other reason.
(5) Legal
Aid: Cases will not normally be accepted
where prior authority fails to match at least the
lower estimate given. Instructing solicitors are
liable for costs exceeding prior authority but which
fall within the prior estimate. Where costs exceed
both estimates and prior authority it is understood
that only those excess fees can be subject to reasonable
taxation. An itemised schedule of work undertaken
is provided with each invoice. Where any substantial
reduction of fees occurs a full breakdown of such
reductions is required, and all appropriate appeal
procedures followed. In privately funded cases it
is the responsibility of instructing solicitors
to guarantee payment of estimated costs in advance
of any work (including additional work) being undertaken,
this may involve an advance deposit by the client
as security for estimated costs.
(6) Recovery
of costs: Recovery action in respect of
unpaid or underpaid fees and/or disbursements may
be taken in County Court or other court as appropriate.
(7) Schedule
of Charges: The Priority rate applies to
reports required within 14 days, where cases are
required to 'jump the queue' (subject to workload
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