Professional instruction
Terms
Core terms governing the instruction of independent expert witness services by solicitors and legal representatives.
Instructions and acceptance
An instruction is accepted only when scope, timetable, fee arrangement, conflicts, and availability have been confirmed in writing. Instructing solicitors are responsible for providing clear questions, relevant material, accurate contact arrangements, and any applicable tribunal or court directions.
Independence and CPR 35 duty
The expert's overriding duty is to the Tribunal or Court, not to the instructing party. Opinions are independent, may not support the client's case, and will identify material limitations or facts that affect the conclusion. Reports are prepared with CPR Part 35 and PD 35 obligations in mind where applicable.
Fees, cancellation and use
Fees, payment terms, LAA arrangements, and cancellation provisions are confirmed in the engagement correspondence. Work outside the agreed scope may require written approval. Reports are prepared for the specified proceedings and may not be reproduced, disclosed, or relied upon for another purpose without prior written agreement or lawful authority.
Confidentiality and liability
Professional communications and materials are handled confidentially, subject to legal and procedural obligations. Any limitation of liability, governing law, and dispute process is set out in the engagement correspondence, which prevails if it differs from this summary.
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