Terms of Engagement
Terms and Conditions
These terms govern the provision of paediatric medico-legal services by our chambers to solicitors, barristers and other professional clients across England, Scotland, Wales and Northern Ireland.
1. Introduction
These terms and conditions apply to all services provided by Paediatric Experts (“we”, “us” or “our”). By engaging our chambers or appointing one of our experts, you agree to be bound by these terms. Any variation must be agreed in writing before work commences.
We arrange the preparation of medico-legal reports by consultant paediatricians and allied specialists for use in civil, criminal and family proceedings, and in tribunal and regulatory matters.
2. Definitions
- “Client” means the solicitor, barrister, insurer or other professional party engaging our services.
- “Expert” means the consultant paediatrician or allied specialist appointed to a case.
- “Report” means any medico-legal report, screening opinion, addendum or answers to questions produced by the Expert.
- “Engagement” means the written confirmation by which the Client appoints the Expert through our chambers.
3. Our Services
Our chambers facilitates the appointment of experts, manages case correspondence, coordinates appointments and oversees the delivery of Reports. The professional opinion contained in any Report is that of the Expert alone. Every Expert owes an overriding duty to the court, which takes precedence over any obligation to the Client.
We accept referrals from all four UK nations. Reports are prepared in accordance with the applicable procedural rules of the relevant jurisdiction, including Part 35 of the Civil Procedure Rules in England and Wales and their equivalents in Scotland and Northern Ireland.
4. Engagement of Experts
An Engagement is formed when we confirm in writing that a named Expert has accepted the appointment. Until that confirmation, no obligation arises on either party. The Client is responsible for supplying complete and legible case papers, including medical records, witness statements and any letters of appointment, in good time.
Where records are incomplete or supplied late, timescales agreed at the point of Engagement may need to be revised, and we will notify the Client immediately.
5. Fees and Payment
Fee Basis
All fees are confirmed in writing at the point of Engagement. No work is undertaken until the fee basis has been agreed. Fees are exclusive of VAT where applicable.
Fee Structure
| Item | Basis |
|---|---|
| Screening opinion | Fixed fee agreed in advance of the Engagement. |
| Full medico-legal report | Fixed fee or estimate based on the volume of records, agreed in advance. |
| Addendum reports and Part 35 questions | Charged at the Expert’s agreed hourly rate, confirmed before work begins. |
| Conferences with counsel | Hourly rate agreed in advance, including preparation time. |
| Court attendance | Daily or half-daily rate agreed in advance, plus reasonable travel expenses. |
Payment terms, deferred payment arrangements and legal aid rates are confirmed in writing at the point of Engagement.
Cancellation
Cancellation terms for appointments, conferences and court attendance are set out in the Engagement confirmation. Cancellation fees reflect the notice given and the Expert’s ability to re-allocate the reserved time.
6. Confidentiality
All case papers, medical records and Reports are treated as strictly confidential and handled in accordance with our Privacy Policy. Because our work concerns children and young people, we apply heightened safeguards to the storage, transfer and destruction of case material.
7. Liability
Each Expert holds appropriate professional indemnity insurance. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be excluded by law. Subject to that, our liability to the Client in respect of any Engagement is limited to the fees paid under that Engagement.
Experts enjoy the protections and are subject to the duties applicable to expert witnesses in the relevant jurisdiction, including immunity where it applies and the sanctions available to the court where it does not.
8. Governing Law
These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them. This does not affect our provision of services to clients in Scotland and Northern Ireland, nor the procedural rules that apply to Reports prepared for proceedings in those jurisdictions.
Questions About These Terms
If you have any questions about these terms and conditions or wish to discuss an Engagement, please contact our chambers.
Full name of legal entity: Paediatric Experts
Email address: privacy@medicalexpertchambers.co.uk
Postal address: Abacus Court, Harborne, Birmingham B17 0HH
Telephone: 0121 752 6065