Terms of Engagement
Independent Medicolegal Expert Witness Services — Cliniscape Ltd
1. Definitions and Interpretation
In these Terms of Engagement, the following definitions apply unless the context requires otherwise:
"Cliniscape", "we", "us", or "our" means Cliniscape Ltd (Company Registration Number 13648703), whose registered office is at Cliniscape, Atrium, York Eco Business Centre, Amy Johnson Way, York, YO30 4AG.
"Expert" means the medical professional engaged by Cliniscape to provide the Services.
"Instructing Party" means the solicitor, law firm, insurer, or other party who issues instructions to Cliniscape for the provision of Services.
"Subject" means the individual who is the subject of the medicolegal assessment, report, or opinion.
"Services" means the medicolegal expert witness services provided by Cliniscape, including (but not limited to) the preparation of expert reports, supplementary reports, joint statements, file reviews, attendance at conferences, and attendance at court to give oral evidence.
"Letter of Instruction" means the formal written instruction issued by the Instructing Party setting out the scope of the work to be undertaken.
"Working Days" means Monday to Friday, excluding English and Welsh public holidays.
2. Scope of Services
2.1 Cliniscape provides independent medicolegal expert witness services. The Services may include, but are not limited to:
- review of medical records and other relevant documentation;
- clinical assessment and/or examination of the Subject;
- preparation of written expert reports and opinions;
- preparation of supplementary or addendum reports;
- participation in discussions with other experts and preparation of joint statements pursuant to Part 35 of the Civil Procedure Rules;
- attendance at conferences with counsel;
- attendance at court or tribunal to give oral evidence; and
- such other services as may be agreed in writing.
2.2 The scope of the Services in each case shall be determined by the Letter of Instruction. Where the Letter of Instruction is ambiguous or incomplete, Cliniscape reserves the right to seek clarification before commencing work. Additional work beyond the original scope of instructions will be agreed in writing and will be subject to additional fees.
2.3 Cliniscape reserves the right to decline any instruction at its sole discretion and without giving reasons.
3. Overriding Duty to the Court
3.1 The Expert's overriding duty is to the court pursuant to Part 35 of the Civil Procedure Rules, the Criminal Procedure Rules (where applicable), and the relevant Practice Directions. This duty overrides any obligation to the Instructing Party or the party by whom the Expert is instructed or paid.
3.2 The Expert will provide an honest, objective, and impartial opinion based on their clinical expertise and the evidence available to them. The Expert's opinion will not be influenced by the wishes of the Instructing Party, the identity of the party instructing, or the outcome of the case.
3.3 Reports prepared by Cliniscape will contain a declaration of truth and a statement of compliance with the Expert's duty to the court, in accordance with CPR Part 35 and Practice Direction 35.
4. Acceptance of Instructions
4.1 Instructions should be provided in writing by way of a Letter of Instruction and should include:
- a clear statement of the issues to be addressed;
- all relevant medical records, clinical notes, and supporting documentation;
- details of the Subject, including full name, date of birth, and contact details (where an examination is required);
- any relevant court directions or orders; and
- any deadline or time constraints.
4.2 Instructions are accepted upon written confirmation from Cliniscape. Acceptance may be by email.
4.3 Where instructions are received from both parties to proceedings (i.e. as a Single Joint Expert), Cliniscape will comply with the relevant provisions of CPR Part 35 and Practice Direction 35.
4.4 It is the responsibility of the Instructing Party to ensure that all necessary documentation is provided at the time of instruction. Failure to provide complete documentation may result in delay and may incur additional fees for the review of supplementary material received after work has commenced.
5. Fees and Payment
5.1 Fee Structure
Our current fee schedule varies from case to case depending on the particular circumstances of the case. We also work with clients who are under Legal Aid.
5.2 Payment Terms
5.2.1 Invoices are payable within 30 days of the date of invoice unless otherwise agreed in writing.
5.2.2 Cliniscape reserves the right to require payment of a non-refundable booking fee upon acceptance of instructions, such fee to be credited against the final invoice. The amount of any booking fee will be confirmed in writing at the time of acceptance.
5.2.3 Interest on overdue invoices shall accrue at the rate of 8% above the Bank of England base rate per annum, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, calculated on a daily basis from the date payment was due until the date of actual payment.
5.2.4 Cliniscape reserves the right to suspend the provision of Services where invoices remain unpaid beyond the payment terms. The Expert's overriding duty to the court, including compliance with court orders and directions, shall not be affected by any payment dispute.
5.2.5 The Instructing Party is responsible for payment of all fees and disbursements, regardless of the outcome of the case. Fees are not contingent upon the outcome of any legal proceedings.
5.3 Cancellations and Postponements
5.3.1 In the event that an instruction is cancelled or an appointment is postponed, the following cancellation charges apply:
| Notice Period | Cancellation Charge |
|---|---|
| More than 20 Working Days' notice | No charge (less any non-refundable booking fee) |
| 10–20 Working Days' notice | 25% of the agreed fee |
| 5–10 Working Days' notice | 50% of the agreed fee |
| Fewer than 5 Working Days' notice | 100% of the agreed fee |
5.3.2 For court attendance, if a court date is vacated or the Expert is released from attendance:
- with more than 10 Working Days' notice: no court attendance fee is payable (any preparation work already undertaken will be invoiced);
- with 5–10 Working Days' notice: a proportion of the court attendance fee as agreed in writing; and
- with fewer than 5 Working Days' notice: 100% of the court attendance fee.
5.3.3 Where an examination appointment is cancelled by the Subject without reasonable notice (being less than 48 hours), a re-booking fee may be charged. The Instructing Party is responsible for this fee.
6. Timescales
6.1 Our standard turnaround for the preparation of an initial expert report is 6 to 8 weeks from the date on which we confirm receipt of all necessary documentation and (where applicable) completion of the clinical examination.
6.2 Urgent instructions may be accommodated where our availability permits. An urgency surcharge may apply, the amount of which will be agreed in writing before work commences.
6.3 Cliniscape will use reasonable endeavours to meet agreed timescales. However, timescales are estimates and not guarantees. Cliniscape shall not be liable for delays caused by:
- failure by the Instructing Party to provide complete documentation in a timely manner;
- non-attendance or late cancellation by the Subject;
- circumstances beyond our reasonable control; or
- delays in the court process or other proceedings.
7. Confidentiality
7.1 Cliniscape will treat all information provided in connection with instructions as confidential and will not disclose it to any third party except as required for the performance of the Services, as required by law or court order, or as otherwise permitted by these Terms.
7.2 The Instructing Party warrants that they have the authority to provide the personal data and documentation supplied to Cliniscape in connection with the instruction, and that such provision is lawful.
7.3 All personal data will be processed in accordance with our Privacy Notice, which is available on our website at www.cliniscape.co.uk.
8. Intellectual Property
8.1 All reports, opinions, and other documents prepared by Cliniscape in connection with the Services remain the intellectual property of Cliniscape until full payment has been received.
8.2 Upon receipt of full payment, the Instructing Party is granted a non-exclusive licence to use the report for the purposes of the proceedings in connection with which it was prepared.
8.3 Reports must not be edited, altered, or reproduced in a misleading or partial manner.
9. Liability
9.1 Cliniscape's liability to the Instructing Party for any loss or damage arising out of or in connection with the Services shall be limited to the fees paid for the specific instruction giving rise to the claim.
9.2 Cliniscape shall not be liable for any indirect, consequential, or special loss, including loss of profit, loss of business, or loss of opportunity.
9.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
9.4 Cliniscape maintains appropriate professional indemnity insurance.
10. Governing Law and Jurisdiction
These Terms of Engagement are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11. Amendments
Cliniscape reserves the right to amend these Terms of Engagement from time to time. The version in force at the time instructions are accepted shall apply to those instructions. The current version of these Terms is available on our website at www.cliniscape.co.uk.
12. Contact
- Email: [email protected]
- Telephone: 020 3051 4082
- Post: Cliniscape Ltd, Atrium, York Eco Business Centre, Amy Johnson Way, York, YO30 4AG