Terms & Conditions

1. SUMMARY

1. This agreement describes the Terms and Conditions applicable between Clinical Negligence Expert (CNE) and...............(THE CLIENT) for the provision of and payment for:

  • clinical negligence expert reports
  • any supplementary/additional clinical negligence expert reports
  • clarification of the opinion provided in any report
  • attending any meeting, conference, mediation, meeting of experts' and trial required in the course of the litigation pertaining to the initial report and/or any supplementary or additional report

Together, the "EXPERT SERVICES".


2. CNE WILL:

  • On receipt of a request from THE CLIENT, provide details of the suggested EXPERT, qualification and experience or CV as required;
  • Contact the suggested EXPERT to ascertain if they are able to comply with the required timescale for provision of the required report;
  • Once a suitable EXPERT and the fee for identifying the EXPERT and obtaining the report is agreed in writing , forward THE CLIENT'S detailed letter of instruction, all relevant and available medical records, radiology, complaint and risk management documentation relevant to the claim in respect of which the EXPERT has agreed to provide a report/opinion;
  • Not alter or change the text of any report or supporting documentation provided by THE EXPERT;
  • Act as the point of contact between the CLIENT and the EXPERT for all EXPERT'S SERVICES (including but not limited to, all short form reports, detailed reports, supplementary reports, amended reports, updating reports, clarification of opinion, requests to attend meetings of any party to the litigation)
  • Notify the CLIENT of any actual or perceived conflict of interest arising from their instruction;
  • Notify the CLIENT of any opinion requested that falls outside the EXPERT'S area of specialism/expertise;
  • Notify the CLIENT as soon as possible should an extension to the agreed timescale be required;
  • Once the agreement for "EXPERT SERVICES" has been entered into, allow by prior agreement (on a case by case basis) direct contact with the EXPERT for the purpose of day to day telephone calls for meeting arrangements.
  • At CNE's discretion reserve the right to charge interest on unpaid accounts at the rate of 2% per month, or part month, until full settlement is received;
  • CNE are not prepared to have our accounts subjected to assessment and look to you the CLIENT, to fund any assessment deducted relating to the case, at any time;
  • Not accept any responsibility for the information provided by the CLIENT and it is the CLIENT'S sole responsibility to ensure the information provided is as accurate and complete as possible for the purposes of obtaining the report;
  • Not be liable for any indirect loss howsoever caused and the total liability of CNE under this Agreement shall not exceed £5,000,000.


3. THE CLIENT WILL:

  • Send all requests for EXPERTS SERVICES (including but not limited to, all short form reports, detailed reports, supplementary reports, amended reports, updating reports, clarification of opinion, requests to attend meetings of any party to the litigation), to CNE, who will forward the same, immediately, to the chosen EXPERT;
  • Provide a clear letter of instruction, with all relevant medical and GP records, radiology, risk management and complaint documentation to CNE;
  • Only contact the EXPERT directly, with the prior written agreement of CNE;
  • Shall not, whilst obtaining the services of an EXPERT who is bound by the Terms of Engagement of CNE and for a period of 12 months after the Expert has ceased to carry out services for CNE, solicit or canvas the custom of or seek to procure any service from, with a view to the preparation of clinical negligence expert reports and services thereafter required in relation to that report, any independent EXPERT witness who is bound by the Terms of Engagement of CNE and who has provided a report to CNE for use by THE CLIENT [within the previous 12 months];
  • Ensure payment of invoices within 60 days, In legally aided cases (where fees constitute a disbursement), to make a prompt claim to the Legal Services Commission, and to advise CNE of any expected delay in settlement. In all other cases to make payment within 60 days of invoice date, irrespective of whether your client has paid.

 

Signed (Client).......................

Print Name..............................

Dated...........................

 

Signed on behalf of CNE......................

Print Name...........................................

Dated.........................