Terms of business
These terms apply to all medico-legal work I undertake. They are agreed when I accept an instruction or confirm it in writing, and should be read with my privacy notice. If anything needs to differ, I will confirm the change in writing before work begins.
Fees and estimates
- My hourly rate is £[x] for reading, research, report writing, correspondence and calls.
- A screening report is available at a fixed fee of £[x].
- Court or inquest attendance is charged at £[x] per day, or £[x] per half day, plus preparation time.
- Travel and waiting time are charged at £[x] per hour. Reasonable expenses, such as travel, parking or courier costs, are recharged at cost.
- Before I begin substantive work I provide a written estimate based on the papers sent to me. The estimate is not a quotation: if the scope of work changes I will tell you and agree a revised estimate before doing the additional work.
- [I am not registered for VAT. / All fees are subject to VAT at the prevailing rate.]
Invoicing and payment
- Invoices are issued [when the report is delivered / at the conclusion of the case / monthly] and are payable within [30] days.
- Unless agreed otherwise in writing, the instructing solicitor or party is responsible for my fees, whether or not they are recovered from anyone else.
- Fees are not contingent on the outcome of the case or on the content of my opinion.
- [On a joint instruction, each instructing party is liable for an equal share unless the joint letter of instruction says otherwise.]
- [For new instructing parties I may ask for a purchase order or payment on account before work begins.]
- Statutory interest and compensation may be charged on overdue invoices under the Late Payment of Commercial Debts (Interest) Act 1998.
Court attendance and cancellation
- Court, inquest, conference and expert discussion dates are reserved once confirmed in writing.
- If a reserved date is cancelled or moved, the following charges apply:
- more than [10] working days’ notice — no charge;
- between [5] and [10] working days’ notice — [50]% of the reserved fee;
- less than [5] working days’ notice, or on the day — the full reserved fee.
- If a hearing is adjourned after it begins, or I attend and am not called, the day rate remains payable for the time reserved, together with any preparation already done.
Records and confidentiality
- Please send copies rather than original records, paginated and indexed where possible. Electronic records should be sent by secure transfer; please do not send medical records by ordinary email. I will confirm a suitable method when instructed.
- I treat all case material as confidential. It is disclosed only to those entitled to see it in the proceedings, or where the law requires it. My secretary and any transcription, courier or IT support are bound by confidentiality obligations.
- Records are stored securely and destroyed as set out in my privacy notice.
Conflicts of interest
- Before accepting an instruction I check the parties, the trust and the clinicians involved for conflicts of interest. If I identify a conflict I will decline promptly and explain why.
- If a conflict comes to light later, I will tell the instructing party as soon as I become aware of it and take appropriate steps, which may include returning the papers and ceasing work.
Duty to the court
- My overriding duty is to the court, not to the party instructing me. I must be independent, objective and unbiased, and I may reach opinions that do not support the case of the instructing party.
- My reports are prepared in accordance with CPR Part 35 and Practice Direction 35. I will answer Part 35 questions and take part in experts’ discussions within the timescales set by the court.
- Amendments to a report are made only to correct factual errors or to clarify meaning; opinions are not changed to suit a party’s case.
Legal aid
[I accept legally aided instructions at Legal Aid Agency rates, subject to prior agreement. / I am not able to accept legally aided instructions.]
Complaints and insurance
- I hold professional indemnity insurance that covers medico-legal work, with [provider].
- If you are unhappy with my service, please contact me at [medicolegal@domain.co.uk]. I will acknowledge your complaint within [5] working days and aim to respond fully within [20] working days.
- Complaints about the clinical care a patient received are handled by the treating NHS trust, not by me.
Other matters
- These terms form part of the contract between me and the instructing party. They do not give rights to anyone else.
- Any variation must be agreed in writing. If a provision is found to be unenforceable, the rest of these terms continue to apply.
- These terms are governed by the law of England and Wales.