The following are the Terms and Conditions upon which I, Mr Keith G Smith (the Expert), agree to accept an Appointment as an Expert Witness to provide witness services as an Expert in the field of Oral and Maxillofacial Surgery in accordance with Instructions received from the Instructing Solicitor on behalf of their Client and in accordance with the Terms of Engagement as set out below:

1. Subject to paragraph 9 below, the Experts fee is £300.00 per hour for all time spent on the case. Time spent in necessary travel will be charged at £85.00 per hour.
2. All reasonable expenses incurred by the Expert will be charged at cost. Any necessary mileage will be charged at 48 pence per mile or first-class rail fare whichever is appropriate.  Copies of receipts will be provided if requested.
3. Reports are normally prepared within 4-6 weeks of the Expert receiving written instructions from the Instructing Solicitor or, where a Report on Current Condition and Prognosis is requested, within 4-6 weeks of a pre-examination interview and an examination of the Claimant if such pre-examination and an examination are requested by the Instructing Solicitor.
4. When required, Claimants will be seen for a pre-examination interview and an examination at the BMI Thornbury Hospital in Sheffield.
5. The Expert confirms that he holds professional indemnity insurance with the Dental Defence Union.
6. The Instructing Solicitor will be responsible for the payment of any invoice submitted to them by the Expert within 30 days of the date of such invoice. Separate invoices will be rendered to the Instructing Solicitor for further work undertaken on the case and will be paid within 30 days from the date of the invoice being submitted.   If an unpaid invoice is passed to an external company for non-payment, an extra fee may be incurred.
7. Once the case has been set down for trial, the Expert will use his best endeavours to keep those dates free of other work or other trial commitments.
8. If the case is set down for trial and is cancelled, settled or the Experts need to attend cancelled within 5 working days then one notional days attendance at Court will be chargeable as set out below.
9. The Experts daily rate for attending Court Hearings is £1,200.00 per day plus expenses and travel time whether or not oral evidence is given by the Expert.
10. For pre-trial work in publicly funded cases (where the Experts fees constitute a disbursement) the Instructing Solicitor shall advise the Expert of any undue delay in payment. The Expert will assume that the Instructing Solicitor has received all necessary authority for the Expert to be instructed and all fees and expenses paid.
11. Where accounts are not settled by the Instructing Solicitor within the agreed period and, at the discretion of the Expert, interest will be charged at the rate of 2% per month, or part of a month, until full settlement is received, pursuant to the Late Payment of Commercial Debts (interest) Act 1998 and Late Payment of Commercial Debts Regulations 2002.
12. The Expert reserves the right to terminate this Agreement, without prejudice to any accrued rights under the Agreement, upon providing written notice to the Instructing Solicitor if the Instructing Solicitor:
    
    1. Is dissolved or becomes insolvent
    2. Makes a general assignment, arrangement or composition with its creditors.
13. The rights and remedies set forth in this Agreement are not exclusive and are not in addition to all other rights and remedies provided by law.
14. This Agreement shall be governed by and construed in accordance with the laws of England, and constitutes the complete Agreement between the parties.
15. The Expert will use his experience, care and skill in fulfilling the instructions of the Instructing Solicitor to the best of his ability. In the event of dissatisfaction with the services of the Expert, the Instructing Solicitor shall put the reasons to the Expert in writing.
16. All Reports are prepared in compliance with the current guidance contained in Part 35 of the Civil Procedure Rules. The Expert confirms that he has read and will comply with the Protocol published by the Civil Justice Council, CPR35, PD35, and PD Pre-Action Conduct. In particular the Expert understands that, although he owes a duty of care to the Instructing Solicitor and their Client to exercise reasonable skill and care in carrying out their instructions, his primary duty as an Expert Witness is to provide independent and unbiased evidence to the Court.
17. The Expert shall not incur any liability to the Instructing Solicitor or their Client 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 the control of the Expert.
18. The Expert will own the copyright in all Reports and/or materials produced by him. Additionally, the Expert will retain the title to all Reports and/or materials produced by him until full payment is received in accordance with paragraph 6 above. Subject to receipt of all payments due, the Client of the Instructing Solicitor is authorised to use the same for the purposes of the matters contained in the Schedule.
19. The Instructing Solicitor shall provide the Expert with comprehensive instructions including whether the matter is pre-trial advice or whether litigation is likely and all-time tabling information as far as is practicable including track allocation. The Expert reserves the right to terminate this Agreement and to charge for work undertaken up to the point of any such termination if the Client or anyone representing the Client shall have provided the Expert with information which is false or misleading and which may compromise the Experts duty to the Court.

The Instructing Solicitor is required to confirm their agreement in writing to the above terms before any work is undertaken by the Expert.

FEE SCHEDULE

Fees for the preparation of a written Report, including the inspection of all relevant documentation, medical records and all other time spent in relation to any matter are £300.00 per hour.

Unless a fixed fee is agreed with the Instructing Solicitor before the Appointment, the fees charged will be as follows: