|
These are our standard
terms and conditions for Expert
Witness work.
1. The parties
to the contract will be The Banking Liaison Group Limited of The
International Press Centre 76 Shoe Lane London EC4A 3JB and the
Client.
2. The services
provided in the contract will be set out in letters of instruction
between The Banking Liaison Group Limited and the Client.
3. Definitions - unless the context otherwise
requires:
a. "BLG"
The Banking Liaison Group Limited and expert consultants retained
by itself.
b. "Client"
The firm or company to whom BLG has agreed to provide professional
services.
c. "Fees"
The reasonable charges of BLG based on its normal hourly rate
and any other charges as identified in the letters of instruction
between BLG and the Client. Time spent travelling and waiting
may be charged in full. Value Added Tax will be charged where
applicable. A daily rate (being a charge for 8 hours) shall be
applied to any full day of a hearing and shall include time spent
travelling and waiting. A part of any day of a hearing shall be
charged at the full daily rate.
d. "Expert Reports"
Any Report or Statement supplied by BLG in connection with instructions
received from the Client.
e. "Disbursements"
The cost of all reasonable photography, reproduction of drawings,
diagrams and the like and printing and duplicating and all reasonable
and appropriate out of pocket expenses including appropriate travel,
refreshments and hotel accommodation where an overnight stay is
necessary. Value Added Tax will be charged where applicable.
4. The Client will:
a. Provide
full instructions in writing supported by good quality copies
of all relevant documents.
b. Deal promptly
with every reasonable request by BLG for authority, information
and documents.
c. Not alter
or permit others to alter the Expert Reports of BLG.
d. Give immediate
written notice of every hearing, meeting, or other appointment
at which BLG's attendance will or may be required.
5. BLG will:
a. Use reasonable
skill and care in the performance of the instructions.
b. Act with
objectivity and independence with regard to the instructions and,
in the event of a conflict between Client and the Court, will
hold the duties to the Court paramount.
c. Undertake
only those parts of a case in respect of which BLG considers there
is adequate qualifications and experience available.
d. Promptly
notify the Client of any matter including a conflict of interests
or lack of suitable qualifications and experience which would
disqualify BLG or render it undesirable to continue involvement
in the case
e. Endeavour
to be available for all hearings and meetings and other appointments
of which adequate notice has been received.
f. Not without
good cause resign from the appointment, and in any event not before
the expiry of 14 days written notice. Fees and disbursements to
the date of resignation may be charged in full. At the time that
its fees are paid in full BLG will return all documents and incomplete
work to the Client.
g. Upon receipt of any materials
and knowledge of a confidential or sensitive nature (the Information)
BLG hereby: -
-
acknowledges that all the Information
provided to BLG is the property of the Client.
-
acknowledges that all the Information
is provided by the Client in confidence.
-
undertakes to keep the Information
secret and confidential and will not disclose all or any part
thereof to any third party and will not allow any third party
to have access to it, other than those persons authorised
by the Client.
-
Undertakes to keep in a safe, secure
and confidential place all materials forming part of the Information
supplied to BLG together with any copies, notes or records
made by BLG.
-
Undertakes not to make use of or permit
others to make use of the Information or any part of it except
for the purpose of preparing Expert Reports as instructed
by the Client.
h. Not negotiate
or communicate with an opposing party or advisor unless specifically
authorised by the Client to do so (and in any event to act within
the scope of the Client's instructions at any meeting of Experts).
This clause does not apply to any order of a Court or Tribunal.
6. The rights
of ownership in respect of all original work created by BLG remains
the property of BLG, subject to the condition that the Client may
under licence utilise such work arising under the letters of instruction.
7. Fees and
Disbursements:
a. BLG may
present invoices at such intervals as it considers fit and payment
of each invoice is due on presentation, subject to any written
waiver or indulgence granted by BLG in legal aid cases.
b. BLG shall
be entitled to charge fair and reasonable fees in the following
circumstances: -
-
where time has been set aside for a specific
hearing, meeting or other engagement.
-
where specific instructions have been given
for an inspection and report.
-
Where due to settlement of the dispute or
any other reason not being the default of BLG, the reservation
of time has been cancelled and/or the instructions have been
withdrawn, provided that the time reserved by BLG cannot reasonably
be productively utilised on other matters.
c. BLG reserves
the right to invoice and recover interest at 8% per annum over
Bank of England Base Rate on all unpaid invoices and in addition
the full amount of its legal, administrative and other cost of
recovering unpaid invoices. Interest will be calculated daily,
commencing 21 days following the date of the invoice.
8. Dispute relating
to BLG's fees may be referred to mediation in accordance with the
British Academy of Experts' Mediation Guidelines.
9. The
contract will be governed in accordance with English Law.
|
