T’s & C’s for Solicitors

  • XXXXXXXXXX, ‘the Appointor’ acting on behalf of XXXXXXXXXX, ‘the Claimant/Defendant/Client’, has appointed Dr Mayank Shah, ‘the Expert’, to render advice and services in accordance with these Terms of Engagement. If requested, the Expert will accept joint instruction in conformity with the Civil Procedure Rules.
  • The Appointor will normally provide date-ordered, paginated, catalogued, clear, single-item, single-sided copies of case notes and other documents. Where preferred, the Expert can arrange provision of this service, which will be charged separately as disbursement; this preference will be assumed if documents are sent unsorted.
  • All rights and benefits of ownership in written reports, photographs, recordings, models and other original work created by the Expert shall remain vested in the Expert until all relevant charges have been paid in full.
  • Fees for expert work are charged exclusive of non-profit costs. Units of engagement are tenths of an hour or part thereof. Travelling time is charged at full professional rate. The Expert shall be entitled, at his discretion, to render invoices at monthly, quarterly or other intervals.
  • The Appointor will pay the Expert on receipt of invoice. At the Expert’s discretion, payments on account may be required. If an invoice is unpaid 4 (four) weeks after the invoice date the Expert shall be entitled to invoice and recover interest at the rate of 2% per month or part thereof. The Expert shall be entitled to recover all costs incurred in recovering outstanding payments, including correspondence, invoices and statements.
  • If an engagement (Court Appearances, conferences, appointments etc) is cancelled (including failure to attend) other than by the Expert, the Expert shall be entitled to invoice and recover Cancellation Charges according to the following scale:

If notice received is

More than fifteen clear working days no charge
From five to fifteen clear working days 50% of fee
Less than five clear working days In full
  • The Appointor shall be responsible for payment of the Expert’s fees and non-profit costs. Charges are not contingent on any outcome or settlement nor subject to reduction in response of any external scale or limit or as a result of any costs assessment or any reason except by explicit prior written agreement.

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ADDITIONAL INFORMATION

1. For perusal of medical notes, examination of client and compilation of Report on Condition and Prognosis £295 plus VAT
2. For perusal of medical notes, researching relevant literature and compilation of Report on Causation and Liability £210 plus VAT per hour
3. For attendance at Conference with Counsel, including preparation beforehand but excluding expenses and travelling time £210 plus VAT per hour
4. For attendance at Court, for each day reserved, up to 6 hours excluding travelling time and expenses £210 plus VAT per hour

Estimates will readily be given on request subject to provision of all relevant details likely to affect the time required. Inadequate information often leads to delays for revision of estimates and obtaining further instruction or authority.