TERMS OF BUSINESS

For your information Expert Psychiatry Consultancy Ltd’s current terms and conditions with respect to any continuing medico legal, consultancy and related work are set out below.

Our terms of business are revised periodically in line with current legal aid regulations and other guidance.

This version replaces the last issue of NOVEMBER 2018  and takes into account Professor McWilliam’s retirement.

We remind you that your instructions to our company constitute a contractual agreement binding you to accept our terms of business in full and that our services have been engaged and are supplied on that basis.

We are fully VAT registered and all fees are subject to the addition of VAT at the current rate.

We note particularly the large increase in frequency of requiring and, more particularly, cancellation of court appearances and the associated tendency for instructing solicitors to issue Court Summonses to their own experts to ensure attendance, often over a year in advance of the proposed court date.

Our fees are not negotiable and payment in full is expected within three months of work being completed.

INTEREST WILL BE CHARGED ON OVERDUE ACCOUNTS WHICH WILL ALSO BE SUBJECT TO AN ADMINISTRATION FEE (SEE BELOW)

PLEASE NOTE THAT DUE TO CHRONIC DIFFICULTIES OBTAINING SETTLEMENT OF OUR REASONABLE AGREED FEES FROM CLIENTS WE WILL NOT PERFORM ADDITIONAL WORK ON CASES WHERE INVOICES ARE OUTSTANDING UNTIL PAYMENT (INCLUDING INTEREST AND ADMINISTRATION FEES AS PER OUR TOB) ARE RECEIVED

The terms and conditions are required to make it possible to continue to undertake medico legal and related work in the most cost effective and efficient way for our clients.

We believe our hourly rates for services (see below) are both reasonable and competitive.

Instructions are only accepted on the basis that fees will not be subject to taxation by the court.

We no longer accept new referals

Email via our website secure email [email protected] is the most efficient and speedy method for contact. (available also via website link www.expertpsychiatryuk.com)

Please email in advance if you need to send large bundles of records

We prefer case notes to be sent by disc or to be accessed electronically rather than paper copies.

WE DO NOT ACCEPT ORIGINAL NOTES WHICH, IF SUPPLIED WILL NOT BE RETURNED and x rays are not usually required.

PAPER COPIES OF RECORDS AND DISCS WILL NOT BE RETURNED as they need to be retained in case of queries and will be subject to secure disposal on conclusion of the case.

A flat charge of £100 for files larger than one A4 ring binder will be made for this service and added to the final invoice

Please note that any filmed evidence can only be viewed on DVD, and not video tape.

Any evidence or records provided on disc MUST be compatible with APPLE MAC computers, not Microsoft only.

If different formats are used this will result in delay in completion of any reports

Simple updates and reviews of existing reports are charged at our basic fee of £400 /hr

We do not charge for factual corrections and small modifications to first draft reports.

Responses to formal written questions, responses to part 35 questions, exchange of correspondence, participation in office based telephone conferences with other experts and counsel, preparation of joint reports and other related queries including preparation of joint expert reports are charged at £400 per hour.

ON NOTIFICATION OF REQUIRED ATTENDANCE DATES A FEE OF £ 750 TO CLEAR THE DIARY WILL BE CHARGED.

THIS FEE IS INCREASED TO £900 IF YOU CHOOSE TO ISSUE A FORMAL COURT SUMMONS

THIS IS  NOT RECOMMENDED IN THE PART 35 REGULATIONS AND IS NOT REQUIRED ON OUR PART

THE FEE WILL BE DOUBLED IF THE PERIOD OF ATTENDANCE REQUESTED EXCEEDS ONE WEEK OR IS MORE THAN A YEAR IN THE FUTURE AND WILL BE PAYABLE EVEN IF THE COURT DATE IS SUBSEQUENTLY CANCELLED.

THIS FEE IS A DIRECT CHARGE ON THE INSTRUCTING SOLICITOR AND IT IS THEIR RESPONSIBILITY TO PAY IT WHETHER IT IS RECLAIMED BY THEM AS PART OF COSTS AT COURT OR NOT

Each day or part thereof reserved for appearance in Court as a specialist witness incurs a fee of £4000

If Court appearance is cancelled without more than 5 working days notice then the whole fees for the first two days and 50% of each subsequent day’s fees are payable, up to a total of the whole of the original number of days reserved.

Notification of cancellation with less than four weeks notice 50% of full fee for first two days cancelled

The Court Attendance Fee does not include:

Reimbursement for reasonable traveling expenses to pre-trial consultation, Court or Conference, (including business class flights and first class public transport).

Reimbursement for use of car will be at 70p per mile.

An additional fee of £300 per hour traveling time.

Any accommodation/subsistence expenses.

Any of the above costs incurred will be added to the final charge account.

Prof McWilliam has now retired and spends much of his time outside the UK

He has no office base and has very limited availability to conduct these

We find that most queries can be resolved by exchange of email and find this method both efficient and less prone to error and ambiguity

As noted above, charges are £400 + VAT per hour or part hour.

FEES ARE SUBJECT TO SIX MONTHLY REVIEW AND OUSTANDING FEES WILL BE CHARGED INTEREST AT BANK OF ENGLAND BASE RATE +8%

A RECOVERY CHARGE OF UP TO 20% WILL BE LEVIED ON OVERDUE FEES AS ALLOWED UNDER THE LATE PAYMENT OF COMMERCIAL DEBT ACT 1998

UNFORTUNATELY WE HAVE HAD TO INCREASINGLY REVERT TO LEGAL RECOVERY OF OVERDUE FEES FROM CERTAIN SOLICITORS AND MEDICO-LEGAL AGENCIES

WE REGRET HAVING TO TAKE THIS MEASURE AS WE RELY ON GOOD WILL AND MAINTAINING A PROFESSIONAL RELATIONSHIP AT ALL TIMES

HOWEVER WE WILL NOT HESITATE TO DO SO IN THE CASE OF DIFFICULTY IN COLLECTION OF OVERDUE FEES INCLUDING ACCUMULATED INTEREST

ANY LEGAL FEES ARISING FROM THE DEBT RECOVERY PROCESS WILL ALSO BE PAYABLE BY THE CLIENT