Mr Christopher Abela
Consultant Craniofacial and Plastic Surgeon
MA MB BChir Dip Aesth Surg FRCS (Plast)Address for correspondence:
Department of Plastic Surgery,
Chelsea and Westminster Hospital
369 Fulham Road, London
The following terms and conditions shall apply to the provision of medical reports and expert medical witness work by Mr Christopher Abela MA MB BChir Dip Aesth Surg FRCS (Plast), Consultant Craniofacial and Plastic Surgeon.
My Current terms and conditions are as follows:
1. Preparing a written report, including inspection of all relevant documentation, medical records and all other time spent in relation to this matter (apart from point 5 below) is £400 per hour (or part thereof), with a minimum fee of £800.
2. A detailed brief and relevant documents should be provided in electronic (encrypted PDF) format, with an approximate timescale for guidance. All relevant x-ray imagery files should be provided on a separate CD.
3. When a translator is required for a non-English speaking patient, the instructing solicitors must ensure that an impartial translator is made available. An additional charge of £100 will be added to the report fee in these cases.
4. Payment should be made prior to receipt of my report.
5. Subsequent involvement including correspondence will be invoiced at £50 per e-mail or by the hourly rate, whichever is the more relevant rate.
6. My daily rate for attending court hearings is £4000 (half day rate £2500), which includes time for travelling and waiting between the hours of 8am and 6pm (8am and 1pm or 1pm and 6pm for half days). This will not include preparatory time, which will be charged at the hourly rate. Outside these hours, an hourly rate will be charged, plus overnight accommodation if outside M25 up to £200 per night. Travel will be reimbursed additionally including first class rail travel, business class flights, associated taxi fares or mileage charged at £1.20 per mile.
7. I expect payment, even if I do not give oral evidence.
8. 6 weeks notice with a 50% retainer should be given on instruction for any court attendance. Shorter notice periods may be charged at £4000 per day.
9. A cancellation fee of 50% will be invoiced if notified up to 2 weeks prior to court commencement. 100% of rates will be due if cancelled within 2 weeks.
10. My accounts are not subject to VAT.
11. In legally aided cases (where my fees constitute a disbursement), I expect you to make a prompt claim to the legal aid agency and to advise me of any expected delay in settlement. In all other cases I expect payment of invoice within 30 days of invoice date, from you, as my client, irrespective of whether your client has paid you.
12. Should accounts not be settled within the agreed period, at my discretion, I have the right to charge interest on unpaid accounts at the rate of 3% a month, or part of month, until full settlement is received. I also express the right to charge £50 per e-mail sent in the chasing of these settlements.
13. I am not prepared to have my accounts subjected to assessment and look, to you, my client, to fund any assessment deducted relating to the case, at any time.
14. I will use my experience, care and skill in fulfilling your instructions to the best of my ability. Please remember that I am an independent witness.
15. Please let me have your full instructions and timescales, together with any further relevant information you may have and confirm your agreement to the above terms in writing by signing the below and returning by post/e-mail.
16. Arranging for a medical expert examination or sending me medical records or relevant documentation for review is implied consent to these terms and conditions.
17. These conditions are subject to change and are valid for 1 year from April 5th 2016. Please ask for upto date Ts and Cs when instructing.