JASON SMITHSON MEDICO-LEGAL: STANDARD TERMS OF BUSINESS
Reports are generally prepared after assessment of the claimant in person; however, reports may be generated from the clinical records alone with prior approval. The circumstances of review are specified in the report.
1.2 My field of expertise is Clinical Dentistry. I have a special interest in reconstructive and aesthetic dentistry and am considered an International authority on this subject. I do not undertake instruction for cases involving orthodontics (braces) or the psychological aspects of dentistry. I am not currently on any of the Specialist Registers of The General Dental Council.
1.3 I confirm that I am aware of the requirements of Part 35 and Practice Direction 35 and the Guidance for the Instruction of Experts in Civil Claims 2014.
2.2 All of the available clinical records (including special tests) should be provided in digital or hard copy form at the time of instruction. A clinical assessment will not be scheduled without sight of the clinical records.
2.3 It is expected that the instructing party keep me closely informed of case progress so that I may be able to assist expediently should the need arise.
2.4 Any conflict of interest will be disclosed at the point of instruction. If instructed, the conflict of interest will be disclosed within the report.
3.2 Small x-rays and clinical photography is included within the fee.
3.3 The fee does not include special tests such as (but not limited to) study models, cone beam CT scans or tomography, which are billed separately if necessary. The instructing party will be notified with an estimate of costs if special tests are required. A small additional fee is payable for copies of special tests.
3.4 In the event that the claimant fails to attend the clinical examination appointment with less than 48 hours notice the instructing body is liable for 100% of the examination fee: this will be invoiced and is payable within 30 days.
3.5 Late attendance of greater than 20 minutes beyond the appointed examination time will be deemed as failure to attend.
3.6 The examination will be provided between the hours of 9am and 5pm on Monday, Tuesday or Wednesday (excluding public holidays). Other timings and days are available by prior arrangement.
3.7 The venue for examination is Revitalise Dental Centre, Hurlingburrow Farm, Saint Agnes, Cornwall TR5 0PG
4.2 Fees for preparation of the report are raised in 15-minute increments of £250 per hour (2021).
4.3 For your guidance and reference: a simple CC&P Report is usually of the order of 4-6 hours; whereas Breach of Duty and Causation or Combined reports may require 8-10 hours of time. A time estimate can be supplied on request on receipt of clinical records.
4.4 Addendum reports are available and are billed at £250 per hour (or part). The instructing party should pay attention to provide clear instruction (2.1) in order to minimise the need for addendum reports.
4.5 The fees are inclusive of reasonable disbursements such as secretarial services, binding and postage.
4.6 The Report is provided on “Word for Windows” on Apple Mac. I am unable to process or read evidence on disc.
a) Within The County of Cornwall: per am/pm session @ £1200 per session.
b) Outside The County of Cornwall a day rate of £3000 per day applies.
The fees are inclusive of travel time and waiting. The fee is exclusive of any additional preparation time required: this is billed on a pro rata basis. Payment is requested even if I am not required to give evidence.
5.2 Ten working days notice is requested for court appearances.
5.3 Cancellation Fees for Court Appearances:
Less than 5 working days: full fee.
Less than 10 working days: 50% of fee.
In the event of cancellation, the instructing body is liable for all non-refundable travel/accommodation costs (receipts will be provided)
6.2 For morning court appearances outside of the County of Cornwall overnight accommodation is requested. Accomodation should be four-star hotel or equivalent.
6.3 For full day court appearances a subsistence fee of £35 per day (or part) will be charged.
7.2 The fee for review of clinical records, communication with instructing parties and report writing is £250 per hour billed in 15-minute increments.
7.3 The fee for Court appearances is set out in 5.1
7.4 The accounts are not currently subject to VAT
7.5 In legally aided cases (where the fees constitute a disbursement), I expect you to make a prompt claim to the Legal Services Commission, and to advise me of any delay in settlement.
7.6 In all other cases, the account should be settled by the instructing party within 30 days of the invoice date. For the avoidance of doubt, the instructing party is responsible for payment irrespective of whether your client has paid the instructing party.
7.7 Deferred fee payment is only available in exceptional circumstances by prior arrangement.
7.8 Invoices are raised monthly at 1st of each month and sent via email. The instructing party is requested to confirm receipt within 24 hours.
7.9 Failure to settle an account in full within 30 days will result in cessation of services and referral of the account to a third party for collection. This may incur additional fees. Interest is payable at Bank of England Rate + 1% on balances in excess of 30 days.
7.10 I am not prepared to have my accounts subjected to assessment by any party. I would look to you, the instructing party to fund any shortfall in the account relating to deductions after assessment of the case, at any time.
8.2 The Report will be provided 10 working days after the clinical examination.
8.3 The instructing party should endeavour to reply to any supplemental questions within 10 working days. It should be understood that delays in response result in the late submission of the report.
Registered with Information Commissioner’s Office (ICO),
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Reference Number: ZA453020
Expiry Date 19th August 2021
INSTRUCTION OF DR SMITHSON IS UNDERSTOOD TO BE AN ACCEPTANCE OF THESE TERMS.