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Many thanks for your interest in instructing me – I am both grateful for and humbled by this.
Appointments
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Unless otherwise agreed, and to optimise time and value for money for the Client and/or Instructing Solicitors, appointments will be offered via videoconferencing (Whereby, but I can also do Zoom, WhatsApp video, Skype, Apple FaceTime, or Microsoft Teams on request) at a mutually convenient time.
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If a remote appointment is not appropriate, I can meet clients at either my office in the west end of Edinburgh or at your office. Any fees for the hire of a consulting space outwith the above will be chargeable.
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I will not undertake home visits.
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At least 1-week notice for appointments will be given unless agreed otherwise.
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Appointments will be sent to patients via email, and they will also be contacted by telephone assuming all contact information is provided.
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If required, the Instructing Solicitors will be responsible for arranging an appropriate and impartial interpreter for the appointment.
Reports, Invoicing, and Payments
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The completed report will be returned to you in PDF format via email within 4 weeks of the appointment with the client.
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I am happy to send hard copies with wet signatures at no additional cost should this be requested and agreed at the time of instruction.
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Alternative terms regarding timings are negotiable, and I will happily prioritise appointments and the preparation of reports.
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Unless agreed otherwise, the final report will contain appendices detailing references, relevant diagnostic criteria, and a copy of my summary curriculum vitae.
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Under no circumstances should attempts be made by either the instructing solicitor or client to alter PDF or paper reports. If this is noted, I will consider this an act of fraud and will escalate this to the Law Society for Scotland or the relevant governing body as a significant probity issue.
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I will provide a detailed invoice on delivery of my report.
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Payment is expected on delivery of the invoice.
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I am happy to accept deferred payment terms as long as these are agreed in advance of any instructions.
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Where I am instructed as a Single Joint Expert by the solicitors of both parties, both firms of Instructing Solicitors will be jointly and severally liable for the fees and disbursements.
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Where I am instructed by an Agency which has itself been instructed by solicitors, both the Agency and its Instructing Solicitors will be jointly and severally liable for payment of the fees and disbursements.
Fees and Expenses
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I will charge by my hourly rate unless agreed otherwise, which – excepting any other agreement in writing – for new instructions sent on or after 1 January 2024 is £275 (+VAT). My time will be charged per 6 minutes.
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For regular clients, I will offer the following tiered fee options for reports:
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£1150+VAT for a report of a straightforward and non-complex case (e.g. a simple personal injury claim without significant past history of physical or psychological difficulties, less than 100 pages of relevant notes, 4-6 hours work)
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£1600+VAT for a report of a complex case (e.g a multifactorial injury claim, someone with significant pre-existing difficulties and complex medical or psychological issues reviewed extensively within secondary care, 100-500 pages of relevant notes, 6-8 hours work)
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£2150+VAT for a report of a very complex case (e.g. resultant from systemic medical negligence, over 500 pages of relevant notes, 8-12 hours work)
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I will charge all time spent in connection with this Appointment, including but not limited to, all investigations, preparing reports, and telephone or written attendance on your Client and/or Instructing Solicitors or their Agents.
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Court and Tribunal appearances will be charged at the hourly rate(+VAT) (this will include waiting times) (minimum charge 2 hours)
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Meetings with Counsel will be charged at the hourly rate(+VAT) (minimum charge 30 minutes)
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Supplemental work (the provision of an updated opinion for someone previously assessed by me) will be charged at the hourly rate(+VAT) (minimum charge 1 hour)
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Any amendments to reports following feedback from Client and/or Instructing Solicitors, or following meetings with Counsel, will not be chargeable.
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However, any amendments to reports in light of new information (e.g. medical records, other expert’s reports) being provided which was not provided between instruction and the assessment appointment will be charged at my hourly rate(+VAT) (no minimum charge).
Travel
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Travel time to consulting rooms or courts will be charged at half my hourly rate(+VAT) .
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Any travel will only be within the United Kingdom; standard class rail and air travel will be chargeable, as will mileage (charged at the HMRC rate) and car parking at local rates.
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If necessary, appropriate overnight accommodation will be chargeable.
Cancellations
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In the event of any court appearance being cancelled, for whatever reason, a cancellation fee may be applicable as follows:
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7 or more days notice of cancellation – no charge
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Less than 7 days notice of cancellation - 4 hours at my hourly rate(+VAT)
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I would request that a minimum of 48 hours notice of cancellation of appointments or meetings is provided, although I will not routinely charge for cancellations, especially not if the appointment or meeting is rescheduled.
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If your Client and/or Instructing Solicitor either cancel or fail to attend two appointments or meetings, no further appointments will be offered. In this case, I reserve the right to charge for any preparatory work undertaken at my hourly rate (no minimum charge).
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If non-refundable travel to court has already been booked (e.g. rail or airfares), these will be chargeable regardless of the cancellation notice given (although I would tend not to book much more than a couple of weeks in advance in any case).