Terms and Conditions

1. General

1.1 The following terms and conditions shall apply to the provision of medical reports and medical witness work by Roger Wade.

2. Charges

2.1 The charges for preparing a report will be based on complexity and the length of the report but are likely to be in the range of £300 to £450 plus VAT.

2.2 If the client fails to attend an appointment there may be a charge levied in the order of £100.

2.3 An hourly rate of £150 will apply to all other work other than preparation of the report.  For questions raised this will vary usually between £50 and £150.

2.4  If the Instructing Solicitors cancel their request for a medical report before completion, the Medical Witness shall be entitled to charge Instructing Solicitors an appropriate fee reflecting work and administrative time to the date of cancellation.

2.5 If required to attend a conference in chambers then the charge will be £1500 per day.

2.6 If required to attend court the medical witness charge will be £1500 per day.

2.7  Where the Medical Witness makes himself available to give evidence in Court and, subsequently, due to an out-of-Court settlement or for any other reason, is no longer required to appear on the date originally specified, the Medical Witness shall be entitled to charge a percentage of the original fee agreed for appearing in Court (the "original fee" meaning the agreed daily rate multiplied by the number of days at Court for which the Medical Witness makes himself available) depending on the number of working days' notice of cancellation by Instructing Solicitors as follows:

2.7.1 If the case cancels within 10 working days of the appointed trial date 50% of the fee is payable.

2.7.2 If the case cancels within 4 working days of the appointed trial date full fee is payable.

2.7.3 The Instructing Solicitors or their agents will fully reimburse the Medical Witness for first class rail travel, business class air travel, car expenses at £0.40 per mile, all subcontracted work and all other expenses reasonably incurred.

2.8  The amount due to the Medical Witness shall not be subject to reduction as a result of a detailed assessment or Court imposed limitation. It shall be the sole responsibility of Instructing Solicitors:-

2.8.1 To ensure that the Medical Witness' charges are no higher than reasonably necessary for the purposes of the litigation; and

2.8.2 In a Legal Aid case, to obtain prior approval of the Medical Witness' charges from the Legal Aid Board.

3.  Payment

3.1 Instructing Solicitors shall pay all sums due within 90 days of the date of the invoice although different terms can be agreed prior to the instruction. If Instructing Solicitors are late in payment interest at three per cent per annum above the base rate will automatically be added to the sum due. The Medical Witness reserves the right at all times to require advance payment for the written report(s) prior to supplying the report(s) to Instructing Solicitors.

4. Indemnity

It shall be the duty of Instructing Solicitors, so far as is possible:

4.1  When requested by the Medical Witness to obtain and provide to the Medical Witness all relevant medical records including x-rays;

4.2  To give adequate instructions to the Medical Witness;

4.3  To check that the factual matters covered in the Medical Witness' report(s) and replies to any pre-trial questions are correct, appropriate and complete.

5. Single Joint Expert

5.1 If the Medical Witness is instructed by two or more Instructing Solicitors the above terms and conditions shall apply subject to contrary agreement between the Instructing Solicitors and the Medical Witness. Each of the Instructing Solicitors will be jointly liable for all of the Medical Witness' fees and expenses.

Areas Covered: Cheshire | Merseyside | North Wales | Shropshire | Staffordshire  | Wirral | Chester | Crewe | Liverpool | Nantwich |  Stafford | Stoke-on-Trent | Wrexham