Dental expert witness
terms of engagement.

1. Instruction

You have instructed me as a principal, and not as agent for your client. My appointment is as Advisor / Single Expert / Single Joint Expert. My instructions are set out in your letter to commence work. If you have not yet instructed me in writing, I am unable to start work until you do so. It is the responsibility of the solicitor or claimant/defendant to give me clear written instructions. Where this is not done and additional work on my part then becomes necessary, a fee may be necessary.

2. The instructing party’s obligations

• Efficiently handle requests for authority to obtain any information, document or record deemed necessary by me to fulfil your instructions.
• Provide prompt notice of every meeting, hearing, trial or other appointment at which my attendance is required.
• Not alter or permit others to alter any report produced by me.
• Provide written notification of seven days before disclosure of my report is to be made.
• Provide me with the following documentation where appropriate: dental records, medical records, radiographs (X-rays) all prior to and after the incident; the claimant’s and defendant’s statements; reports from other experts; any court directions as to how the case is to be conducted; any other relevant documentation.
• Ensure that my fees are paid promptly and that where taxation/assessment of costs is necessary, apply for and pursue so that my reasonable fees and disbursements are recovered.

3. My obligations to the instructing party

• Act with independence and in the event of a conflict between my duties to your client and the court, hold my duties to the court paramount.
• Undertake only those parts of the case for which I am qualified or experienced.
• Promptly notify you of any matter which would disqualify me to continue.
• Make myself available for all meetings, hearings, trials and other appointments of which I have received adequate notice.
• Not without good cause discharge myself from the appointment as an expert.
• Preserve confidentiality unless expressly or by implication authorised to the contrary.
• Not negotiate with the other party or their advisers unless authorised by you to do so. This does not apply to any other order of the court or tribunal.
• I will use my experience, and skill in fulfilling your instructions to the best of my ability.
• Provide report(s) that comply with the Civil Procedure Rules 1998.

4. Fees

The fees below are a guideline only. Bespoke quotations would be issued and agreed upon prior to commencement by assessing the degree of responsibility, skill involved and the time necessary to act for your case.

Where I am instructed to prepare for and attend a hearing or case conference, and for whatever reason those instructions are revoked, I reserve the right to make a cancellation charge calculated on a sliding scale according to the period of notice given and the amount of time reserved for the hearing or case conference.

All fees are reviewed annually on 1st January.

• Invoices will be issued in two stages: 50% at the point of instruction and 50% on completion.
• Payment is required within 14 days on issuing of an invoice.

5. Initial review

I can undertake an initial review of any case and set out my opinion in writing (a preliminary report) and give guidance on how the case could be best managed, as well as my likely fee for any further work.

6. Funding

I can provide you with a costed programme of work for submission to the appropriate organisation in cases where prior authority is required. You are requested to apply promptly to the appropriate organisation for all interim and final payments of my fees and disbursements as invoiced. The settlement date will be clearly shown on the invoice. If any payment due to me is not paid by the due date for payment, interest shall accrue on the overdue amount at the statutory rate. Such interest shall accrue on a daily basis from the due date until the date of actual payment. Please note that solicitors remain liable for invoices regardless of the progress and outcome of the case.

7. Termination

This engagement may be terminated by you at any time by 7 days prior written notice. Where I am instructed jointly, termination will be effective only when I have received written notice from all instructing parties. Termination will not effect my entitlement to payment of fees for work conducted, whether or not invoiced before the date of termination. Upon termination, I shall return all documents to you and retain one copy for my records.

8. Intellectual property

I own and retain the copyright in all reports and/or materials produced by me until receipt of full payment.

9. Limitation of liability

Subject to any liability that cannot be excluded as a matter of law, our total liability to you for any treatment will never exceed: the amounts paid by you and received by us for such treatment; and never include any indirect or consequential loss or damage, including but not limited to loss of profits, revenue, business, or anticipated savings, arising out of or in connection with this treatment.

10. Severability

If any provision of this consent and terms of service is found to be unenforceable, the remaining provisions shall continue in full effect.