CONSULTANT PSYCHOLOGISTS LTD.
EXPERT WITNESS TERMS
1.
The Solicitor or Client has appointed the company, Consultant Psychologists Ltd ( International Consultant Psychologists ) , hereafter referred to as I..C.P, to provide services in accordance with these following Terms of Engagement. These terms shall apply for the time allowed for the appointed expert from I.C.P, to complete his instructions or such further obligations imposed upon him by Court Order, unless determined by either party in writing
2. Definitions
i. ‘Appointor'or 'Refferer', refers to the parties' or clients Solicitors or the party, client himself or themselves if litigants in person but in any event jointly and severally, whether directed by the Court, instructing I.C.P.
ii. ‘I.C.P' means the company appointed to give or prepare expert evidence or submit a written report forthe purpose of Court Proceedings.
iii. ‘Client' or 'party' means the person(s) by whom I.C.P. has been instructed to provide Expert Witness Services.
iv. ‘Instructions' means in addition to the Appointor's requirements, such services as may
be required of I.C.P. to comply with an Order or Rule(s) of a Court.
v. ‘Court' means any Court of Law, Tribunal or body of Arbitration.
vi. ‘Fees' means I.C.P professional charges and disbursements, which refers to travel expenses and hotel accomodation, where unavoidable, for services rendered in carrying out the Appointor's instructions.
vii. ‘Disbursements' means all reasonable expenses incurred in carrying out the instructions
or obligations arising therefrom. All mileage recorded and hotel bills will be retained and produced subsequently where necessary.
3. The Appointor (Referrer) will:
i. Upon appointing and agreeing the case load with I.C.P, shall deliver to I.C.P. full instructions in writing. The instructions should be supported by legible copies of all relevant documents together with a timetable for the provision of I.C.P services.
ii. Deal promptly with every reasonable request by I.C.P. for authority,
information,documents and further instructions that I.C.P. may require and
to resolve matters by negotiations with the other party(ies) or apply to the Court for Directions.
iii. Notify I.C.P. of every hearing, meeting, interview, testing procedure or other appointment at which I.C.P attendance will or may be required.
4. I.C.P. will:
i. Undertake only a case in respect of which I.C.P considers that it
has the requisite qualifications and suitable experience.
ii. Use all reasonable skill and diligent care in the performance of the instructions received.
iii. Act with objectivity, professionalism and independence with regard to their instructions and, in the event of a conflict between his duties to the Client and to the Court, will hold their duties to the Court first and foremost at all times.
iv. Promptly notify the Appointor of any matter including a conflict of interest or good reason
which could disqualify or otherwise render I.C.P unable to have continued involvement in the case.
v. Not without good reason discharge themselves from the appointment.
vi. Maintain total confidentiality and ethical behaviour at all times.
vii. Not negotiate with any third party, expert or adviser, not orginally commissioned to act on the engagement, unless specifically instructed by the Appointor so to do.
viii. Provide all requisite and pertinent information to allow I.C.P fees or disbursements to be assessed for costs.
5. Licence
i. Upon settlement of all outstanding invoices presented by I.C.P., I.C.P shall be deemed to grant to the Appointor a Licence to use all work covered by
such fees, such Licence to extend to the purpose of carrying out the Client's instructions in the matter in which this Appointment has been made but for no other matter or purpose.
6. Fees, costs and Disbursements
i. The total amount of the likely fees shall be estimated prior to acceptance in the form of an estimate if requested but in any event shall be itemised upon submission of the final account .
ii.The daily rate shall be applied to any day or part of any day of a hearing, including waiting time. Fees charged for review of files prior to embarking upon further work, shall be charged at a lower hourly rate than Court representation time and shall be agreed with the Appointor at the outset.
iii. A senior colleague, " peer" shall review the file and its progress and time and expense charged at regular intervals and prior to submission of any report or claim for work completed.
iv. The instruction and remuneration of I.C.P is not made on any contingent or conditional basis.
v. Where a cancellation or postponement occurs within 48 hours of a scheduled appointment. I.C.P shall reserve the right to claim the full amount of the associated fees, or reserve the right to make allowance and discretionary reduction if thought appropriate, on a sliding scale, in all reasonableness where the cancellation or postponement is made by the appointor or client or persons acting on their behalf.
vi. I.C.P shall reserve the right to claim and use discretion as outlined in v above, regarding fees and disbursements associated with an appointment where the appointor, client or persons acting on their behalf fail to attend a scheduled appointment without prior notice.
vii. I.C.P shall at their discretion be entitled to invoice and recover interest at 6%
above Barclays Bank, namely the Bank of I.C.P, base rate per month on all unpaid invoices after 30 days and shall be entitled to recover the full amount of disbursements, administrative and legal costs and expenses incurred in recovering unpaid invoices, without recourse to the Appointor, or client or party.
To avoid mis-understandings please feel free to clarify our terms via e-mail or on 0845-833-9505 or Mobile on 07974-091019.
Member number 67035090 of the American Psychological Association.
Member 1824 of the Society of Expert Witnesses,Newmarket, Suffolk,CB 8 7TU, TEL;01638-660684. WEBSITE =www.sew.org.uk
