Terms of Service
1. Definitions
Unless the context required otherwise, Client means those instructing Expert Witness Services Limited. Expert means Expert Witness Services Limited, hereinafter called EWS. Assignment means the matters referred to EWS. Fees mean the reasonable charges of EWS based on the normal rate for work of the type instructed, VAT will be charged where applicable, Disbursement means all reasonable and appropriate costs and out of pocket expenses incurred by EWS in carrying out the assignment.
2. The Instructions
The Client will:
Provide EWS with full and timely written instructions that clearly state the purpose for which EWS’s 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 services are to be provided in accordance solely with information supplied or will require independent investigation by EWS, the precise kind of expertise called for, the particular questions that are to be addressed, when EWS 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 EWS is to prepare a report for the advice of the Client or for use in court, any time constraints etc.
Provide EWS with such basic additional information as names, addresses, telephone numbers and dates of incidents.
Supply EWS with quality copies of all relevant data, specifying which may not be mentioned in the EWS’s report.
3. Obligations of the Client
The Client will:
Inform EWS whether they need to obtain authority to incur the estimated fees and disbursements before confirming EWS’s instructions.
Notify EWS that legal aid prior authority has been applied for, granted or amended, by the Legal Aid Agency to incur EWS anticipated fees and disbursements and immediately advise EWS should authority be refused.
Apply to the paying authority for interim payments on account and to settle EWS’s invoices within the agreed times.
In privately funded cases ensure that EWS’s fees and disbursements are paid within the agreed time scale, whether or not the Client has been placed in funds by their Client.
Respond promptly to any reasonable request from EWS for clarification of instructions already given, further information or documents, permission to incur expenses additional to that initially estimated.
Permit EWS to engage others to undertake part of the assignment
Not alter, or allow others to alter, EWS’s report in any way without EWS’s explicit permission.
Give prompt written warning of every meeting or hearing that EWS is, or may be, required to attend and immediate notification should they be cancelled.
Keep EWS informed of the progress of the case.
Not use, or allow others to use, EWS’s report for any purpose other than litigation in the matter on which the Client sought EWS’s advice and services.
Instruct EWS on the basis the Client gives full, timely and proper lawful authority to enable EWS to comply with its duty to the court and the Client will indemnify EWS accordingly.
Obtains such lawful authority as may be necessary for EWS to undertake the requested work.
4. Obligations of EWS
EWS’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. Our evidence must be impartial, objective and, unbiased towards the party responsible for payment. Subject to these are overriding considerations, EWS will
At all times use reasonable skill and care in carrying out the instructions it has accepted.
Perform only those tasks for which it has the requisite qualifications and experience to undertake, and the resources needed to fulfil them within the allotted time span.
Promptly notify the Client of any conflict of interest that would disqualify EWS or render it undesirable for EWS to have continued involvement with the case, or any requirement EWS perceives for the Client to employ additional expertise.
Endeavour to make itself available for hearings, meetings, or other necessary engagements, for which it has received adequate notice.
Not negotiate with the opposing party or the advisers unless specifically authorised to do so by the Client or instructed to do so by order of the court.
Not, without good cause, discharge itself from the appointment as Expert.
At all times, both during or after completion of the assignments, treat all aspects of it as confidential unless authorised by the Client to the contrary or instructed to so by order of the court.
5. Intellectual Property Rights
EWS retains copyright and all other intellectual property rights over all literary and artistic works produced by EWS.
Unless otherwise agreed in writing, all legal and beneficial interest in intellectual property rights and rights of ownership in written reports, photographs, recordings, models and other work created by EWS relating to or developed by EWS in connection with the assignment given by the Client shall belong to EWS.
EWS grants to the Client a non- exclusive, non-transferable licence to use the said intellectual property solely in connection with the assignment to which the instructions relate and for the duration of these terms of engagement but subject to the terms outlined in point six below being satisfied.
6. Fees and Disbursements
In the absence of written agreement signed by both parties:
The Client who instructs EWS does so as principal and shall be personally responsible for payment of EWS’s fees and disbursements, whether or not the Client has been placed in funds by their Client (or, in legal aid cases, by the paying authority) and the amount will not be subject to taxation by the court, a conditional fee arrangement or agreement, resolution of the case or assessment or by any other paying authority.
EWS may present invoices at such intervals as it considers fit and payment of each invoice will be due within 30 days of its presentation, subject to any written waiver granted by EWS.
7. Data Retention
Data created by EWS, and data provided by Clients or other shall be retained for a reasonable period.
Until payment in full has been made by the Client, EWS shall be entitled to retain all books, papers, reports, documents and other materials, whether or not they relate to the assignment in respect of which EWS has been instructed.
8. Cancellation of Fees
EWS shall be entitled to charge fees whenever
EWS’s time has been reserved for a specific hearing, meeting or other engagement, or
Specific instructions have been given to EWS for investigation and report and due to settlement of the matter, or for any other reason that is not the fault of EWS, the reservation of time has been cancelled or instructions withdrawn.
The fees for cancellation of hearings, meetings, or other engagements shall be calculated according to the following sliding scale
Notice Period of Cancellation % of daily rate
Greater than 7 days 0
Within 7 days 25
Within 4 days 50
Within 2 days 100
For cancellation of instructions prior to completion of a report, EWS will be entitled to that portion of the estimate for which the assignment has been undertaken and disbursements incurred in the process, or the minimum fee of 10% of the total quotation, whichever is the higher.
9. Law
All contracts between EWS and the Client shall be governed by and interpreted in accordance with English Law and the Client submits to the exclusive authority of any competent court in England
10. Disputed Fees
In the event of the dispute over the amount of EWS fees and disbursements, such sums that are not disputed that 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 either parties or court as determined by both parties.
11. Limitation of Liability
Without affecting any other limitation in this agreement, EWS’s liability under this agreement, however that liability arises (including a liability arising from breach of contract, arising by tort, the tort of negligence, or arising by breach of statutory duty) shall be limited to £2,000,000 provided that this clause shall not exclude or limit any liability of EWS for death or personal injury caused by EWS’s negligence
12. Liability Period
The Client may not commence any legal action against EWS under this agreement after six years from the date of completion of the services.
13. Third Parties
These terms of engagement set out the rights and obligations of the Client and EWS. For the purposes of the Contracts (Rights of Third Parties) Act 1999 nothing in these terms shall be taken to confer any right or benefit on any third party and a third party shall have no right to the enforcement of any term contained herein.
14. Termination
The Client may terminate the whole or any part of EWS’s engagement under this agreement at any time by giving one days’ notice in writing to EWS. Either party may immediately terminate the other’s engagement under this agreement by giving written notice to the other party if:
The other party is in material breach of its obligation under this agreement and fails to remedy that breach within one day having been given written notice to do so, or:
The other party becomes insolvent
15. Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement
No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
16. Retention Policy for Documents, Data and Exhibits
We retain material we have generated for seven years. The retention period commences on 31 December of the year we first received the case. EWS may retain case material beyond the seven-year retention period, because of public interest, first use of a scientific technique or media interest. Third party material (statements, reports, etc) may be destroyed after one year.
17. Force Majeure
EWS shall not be liable to the Client or deemed to be in breach of any contract by any reason of delay of performing, or any failure to perform, any of EWS’s obligations in relation to any of the services, if the delay or failure was due to any cause beyond EWS’s reasonable control. Without prejudice to the foregoing, the following shall be regarded as causes beyond EWS’s control: Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes: strikes, lockouts or other industrial actions or trade disputes (whether involving employees of EWS or of a third party): difficulties in obtaining materials, fuel, labour, parts: power failure or breakdown in machinery, computers, computer systems or software (including attacks by computer virus, Trojans, denial of service attack).