Terms and Conditions
1: Subject to paragraph 8 below my fee rate is £(to be agreed) per hour for all time spent on the case. I reserve the right to increase these hourly rates on reasonable notice.
2: In addition to fees the Client will be charged VAT at the current rate where appropriate.
3: All reasonable expenses incurred by me will be charged at cost. Any necessary mileage will be charged at 45 pence per mile or first class rail fare, whichever is appropriate. Copies of receipts will be provided if requested.
4: My accounts are subject to VAT at current rates.
5: The Client will pay me within (to be agreed) days from completion of the report and delivery of the invoice. Separate invoices will be rendered for further work undertaken on the case, and will be paid within (to be agreed) days from delivery of such further invoices.
6: I will use my best endeavours to comply with any court orders affecting me. I require the Client to supply me with copies of all such court orders as soon as possible after such has been made. I will deal with any questions about my report put to me by either party but may require assistance and guidance from the Client. I will deal with any order or request to attend an expert’s meeting. Once the case has been set down for trial I will use my best endeavours to keep those dates free of other work or other trial commitments. I may require the service of a witness summons.
7: If the case is set down for trial and cancelled or settled within five working days, then one notional day’s attendance at court will be chargeable as set out below.
8: My daily rate for attending Court Hearings is £(to be agreed) per day or part thereof, including travelling and waiting time, whether or not oral evidence is given.
9: In legally aided cases (where my fees constitute a disbursement), I expect the Client to make a prompt claim to the Legal Services Commission, and to advise me of any expected delay in settlement. In all other cases payment is due within (to be agreed) days of invoice date. I will assume that the Client has received all necessary authority for me to be instructed and paid.
10: If accounts are not settled within the agreed period, I will, at my discretion, charge interest at the rate of 2% per month, until full settlement is received, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debts Regulations 2002.
11: I am not prepared to have my accounts subjected to detailed assessment by a costs judge or by any third party, and look to the Client to fund any fees disallowed on assessment.
12: I reserve the right to terminate this agreement upon giving written notice to the Client, without prejudice to any accrued rights under the agreement, if the Client a) is dissolved or becomes insolvent b) makes a general assignment, arrangement or composition with its creditors.
13: The rights and remedies set forth in this agreement are not exclusive and are in addition to all other rights and remedies provided by law.
14: This agreement shall be governed by and construed in accordance with the laws of England and constitutes the entire agreement between the parties.
15: I will use my experience, care and skill in fulfilling the Client’s instructions to the best of my ability. In the event of dissatisfaction with my services, the Client shall put reasons to me in writing.
16: The Client shall provide me with comprehensive instructions including whether the matter is pre-trial advice, or if litigation is likely, and all timetabling information as far as is practicable, including track allocation. I reserve the right to terminate this agreement, and to charge for work undertaken to that point, if the Client or anyone representing the Client shall have provided me with information which is false or misleading and which may compromise my duty to the court.
17: The Client understands and accepts the nature of my duty to the court (in civil matters) under Part 35 Civil Procedure Rules.
18: I shall not incur any liability to the Client for any loss or damage which may be suffered as a result, directly or indirectly, by the supply of services being prevented, hindered or delayed as a consequence of circumstances outside my control.
Please confirm your agreement in writing to the above terms.