This is an Agreement between Medical Case Notes Assessment Limited and the Instructing Solicitor, not their Client. (“the Parties”)
Where a Report is requested, the Instructing Solicitor is responsible for payment thereof.
Medical Case Notes Assessment Limited cannot guarantee a Report will be provided within a specific timeframe or prior to a specific date.
Medical Case Notes Assessment Limited will always endeavour to have a Report prepared as quickly as possible.
The Instructing Solicitor is to provide all necessary documentation and clear, specific instructions prior to a Report being commissioned and at the request of the Expert Witness.
Any subsequent issues or documentation that require addressing may be dealt with by an Addendum to the Report, but further charges may be sought by the Expert Witness in relation to same.
Where an Examination appointment is requested and arranged, the Instructing Solicitor is responsible for any cancellation charges raised by the Expert Witness.
Should the need arise for our Expert Witness to examine slides, the Instructing Solicitor must make the necessary arrangements to forward them directly to our Expert Witness. Medical Case Notes Assessment Limited will provide details of the destination address on acceptance of these Terms.
Medical Case Notes Assessment Limited will obtain confirmation from the Expert Witness that they will arrange for the safe-keeping of slides in their possession, and that they will return them to a specified destination by courier or tracked postal delivery.
Medical Case Notes Assessment Limited will notify the Instructing Solicitor within a reasonable timeframe of any alterations to the cost of the Report or if the Expert Witness advises any further documentation is required.
Medical Case Notes Assessment Limited will not incur any liability to the Instructing Solicitor for any loss or damage which may be suffered as a result, directly or indirectly, by the supply of services being prevented, hindered or delayed as a consequence of circumstances outside their control.
Medical Case Notes Assessment Limited can neither predict nor guarantee the outcome of the Report.
Medical Case Notes Assessment Limited accepts no responsibility for the opinion of the Expert Witness.
Payment for a Report is in no way dependant on the outcome thereof.
Receipt of payment is required from the Instructing Solicitor, within 30 days of Medical Case Notes Assessment Limited requesting payment.
Payment must be received by Medical Case Notes Assessment Limited before the Report is released to the Instructing Solicitor.
An invoice can be provided upon request from the Instructing Solicitor.
Payment for the Report is required in Pounds Sterling. Payment is acceptable by either Electronic Funds Bank Transfer, Sterling Cheque or Sterling Bank Draft.
Payment by any other medium or in any other currency is subject to the discretion of Medical Case Notes Assessment Limited and the Instructing Solicitor will be responsible for payment of any exchange fees and bank charges incurred.
Any amendments to the payment terms must be agreed by both Parties in advance of the Report being commissioned.
Medical Case Notes Assessment Limited reserves the right to terminate this Agreement upon giving written notice to the Instructing Solicitor.
If the Instructing Solicitor cancels a Report once it has been commissioned, a fee for work already undertaken may be charged at the discretion of Medical Case Notes Assessment Limited, up to the value of the original estimate.
Arrangements after the release of a Report relating to attendances at Court or Conference Calls in any medium, should be agreed between the Instructing Solicitor and the Expert Witness directly.
Medical Case Notes Assessment Limited’s liability arising in connection with the performance of this contract shall be limited to the amount paid by the Instructing Solicitor under this contract.
After the Report has been sent to the Instructing Solicitor, Medical Case Notes Assessment Limited accepts no liability for the destruction of any documentation that was received.
If the Instructing Solicitor requires documentation to be retained for a further period, all requests must be received in writing prior to the provision of the Report and will be considered at the discretion of Medical Case Notes Assessment Limited.
Any documentation, in any format held by Medical Case Notes Assessment Limited, shall be retained until such time that the Instructing Solicitor confirms that it may be confidentially destroyed or returned, subject to an automatic destruction date being no sooner than 10 years from the provision of the initial Expert Witness Report (“the Destruction Date”). Medical Case Notes Assessment Limited is not obliged to inform the Instructing Solicitor of the destruction of any documentation after the Destruction Date.
If the Instructing Solicitor requires the return of any documentation, any collection must be arranged by them, and agreed with Medical Case Notes Assessment Limited in advance.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation