Valuations in disputes can play an essential role in the outcome of court cases.Our professional valuation reports include detailed assessments of property and buildings so that they can utilised in the application of Civil Procedural Rules or for accounting purposes.
Terms of Engagement for Expert Witness Appointments
Recital of Appointment
(Name), of (Company Name), has appointed JPA Surveyors & Valuers Limited Chartered Surveyors & Valuers to render advice and services in accordance with these Terms of Engagement.
Definitions
Unless the context requires otherwise:
(a) ‘Appointor’ means the solicitor instructing the Expert.
(b) ‘Expert’ means the person appointed to provide advice and services, including the giving of expert evidence.
(c) ‘Client’ means the person(s), firm, company or public body on whose behalf the Expert is being instructed.
(d) ‘Assignment’ means the matter(s) referred to the Expert for advice to which these Terms of Engagement apply.
(e) ‘Fees’ mean (in the absence of written agreement to the contrary) the reasonable charges of the Expert based on his or her normal hourly/daily rate for work of the type instructed and including VAT where applicable.
(f) ‘Disbursements’ mean all reasonable and appropriate costs and out-of-pocket expenses incurred by the Expert in carrying out the Assignment, including travel, refreshments and, should an overnight stay become necessary, hotel accommodation. VAT will be charged where applicable.
The Instructions
The Appointor will:
(a) Provide the Expert with full and timely written instructions which clearly state.
- The purpose for which the Expert’s advice and services are needed, including a description of the matter on which they are being sought.
- Which factual aspects of the matter may be in dispute.
- Whether the advice and services are to be provided in accordance solely with information supplied or will require independent investigation by the Expert.
- The precise kind of expertise called for.
- The particular questions that are to be addressed.
- Whether the Expert will be expected to confer with experts instructed on behalf of other parties with a view to reaching agreement on the issues or narrowing those in dispute
- Whether the Expert is to prepare a report for the advice of the Appointor and/or his Client or for use in court, and, if the latter, whether a draft version needs to be submitted first of all
- Any time constraints for the provision of the advice, the production of the report, etc.
(b) Provide the Expert with such basic additional information as names, addresses, telephone numbers and dates of incidents.
(c) Supply the Expert with good-quality copies of all relevant documents, specifying which (if any) may not be mentioned in the report the Expert has been asked to prepare.
(d) In the case of medical records, specify their location and identifying numbers and state whether consents for their disclosure have been given or are being obtained.
Obligations of the Appointor
The Appointor will:
(a) Inform the expert whether he or she needs to obtain authority to incur the estimated fees and disbursements before confirming the Expert’s instructions.
(b) In legal aid cases:
- Notify the Expert that a legal aid certificate has been applied for, granted or amended
- Apply to the Area Office of the Legal Aid Board for prior authority to incur the Expert’s anticipated fees and disbursements and immediately advise the Expert should this authority be refused
- Apply to the Area Office for interim payments on account to settle the Expert’s invoices within the agreed time scale.
(c) in privately funded cases ensure that the Expert’s fees and disbursements are paid within the agreed time scale, whether or not the Appointor has been placed in funds by the Client.
(d) Respond promptly to any reasonable request from the Expert for, i.e.:
- Clarification of instructions already given
- Further information or documents
- Permission to incur expense additional to that initially estimated
- Authority to engage others to undertake part of the assignment.
(e) Not alter, or allow others to alter, the text of the Expert’s report(s) in any way without the Expert’s permission.
(f) Give prompt written warning of every meeting or hearing that the Expert is, or may be, required to attend and immediate notification should they be cancelled.
(g) Keep the Expert informed as to the progress of the case and its outcome.
(h) Not use, or allow others to use, the Expert’s report(s) for any purpose other than litigation in the matter on which the Appointor has sought the Expert’s advice and services.
Obligation for the Expert
When giving evidence in court, or writing a report for use in court, the Expert’s primary duty is to the court: to be truthful as to fact, honest as to opinion and complete as to coverage of relevant matters. His or her evidence must be independent, objective and, in particular, unbiased towards the party responsible for payment. Subject to these overriding considerations, the Expert will:
(a) At all times use reasonable skill and care in carrying out the instructions he or she has accepted.
(b) Perform only those tasks for which he or she has the requisite qualifications and experience to undertake, and the resources needed to adequately fulfil them within the allotted time span.
(c) Keep detailed time-sheets and records of tasks undertaken.
(d) Promptly notify the Appointor of:
- Any conflict of interest that would disqualify the Expert or render it undesirable for the Expert to have continued involvement with the case
- Any requirement the Expert perceives for the Appointor to employ additional expertise.
(e) Endeavour to make himself or herself available for all hearings, meetings or other necessary engagements for which he or she has received adequate notice.
(f) Not negotiate with the opposing party or their advisers unless specifically authorised to do so by the Appointor or instructed to do so by order of the court.
(g) Not without good cause discharge himself or herself from the appointment as Expert.
(h) At all times, both during and after completion of the Assignment, treat all aspects of it as confidential unless authorised by the Appointor to the contrary.
Itellectual Property Rights
Unless otherwise agreed in writing, all rights of ownership in written reports, photographs, recordings, models and other original work created by the Expert shall remain vested in the Expert.
Fees & Disbursements
In the absence of written agreement to the contrary:
(a) The Appointor shall be personally responsible for payment of the Expert’s fees and disbursements, whether or not the Appointor has been placed in funds by the Client (or, in legal aid cases, by the Legal Aid Board), and their amount will not be subject to taxation by the court or assessment by the Board.
(b) The Expert may present invoices at such intervals as he or she considers fit, and payment of each invoice will be due immediately, subject to any written waiver granted by the Expert in legal aid cases.
(c) In the event of any further involvement following the Expert Witness Report, e.g. additional reporting and Court appearances, this will be billed at £175.00 per hour.
Cancellation Fees
The Expert shall be entitled to charge fees whenever:
(a) The Expert’s time has been reserved for a specific hearing, meeting or other engagement
or
(b) Specific instructions have been given to the Expert for an investigation and report and due to settlement of the matter, or for any other reason not the fault of the Expert, the reservation of time has been cancelled or the instructions withdrawn. These fees will be calculated at £175 per hour plus expenses, plus Vat at the prevailing rate.
Disputed Fees
In the event of a dispute over the amount of the Expert’s fees and disbursements, such sums that are not disputed shall be payable when due, irrespective of any counter-claim that may be alleged. That part which is in dispute can then be referred for resolution to a mediator acceptable to both parties.
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