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21 May 2009 / Mark Solon
Issue: 7370 / Categories: Features , Expert Witness , Profession
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Fee simple?

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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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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