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Fee simple?

21 May 2009 / Mark Solon
Issue: 7370 / Categories: Features , Expert Witness , Profession
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Part six: Mark Solon discusses disputes over experts' fees

Disputes over payment of fees are probably the most common cause of conflict between experts and solicitors, particularly arguments about quotations and estimates, payment for work additional to the report, late or nonpayment by the solicitor, disbursements incurred by the expert and cancellation fees.

Agreeing fees with the expert prior to instruction

The contract

It is essential to agree the basis on which the expert will be paid before instructions are confirmed. The expert's terms and conditions, your letter in reply (or theirs if they issue terms of engagement) and your letter of instructions form the contract. Ideally, both the solicitor and the expert should sign their acceptance of the terms, including the fees. Some experts will use or adapt the model terms of engagement published by the expert witness organisations. The terms recommended by the Expert Witness Institute and by the Academy of Experts can be found on their websites at www.ewi.org.uk and www.academyofexperts.org. If the expert sends you their terms and you

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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