The following Terms and Conditions shall apply to the provision of medical reports and expert medical witness work provided by Dr G. A. Browne.

1. Instructions

Before an appointment with your client is scheduled, you must provide a letter of instruction. This letter must confirm your agreement to these terms and conditions and state that you accept financial responsibility for all incurred fees.

The letter should also include your client’s full details, the date of the accident, and any specific issues you’d like me to consider in my assessment.

You are responsible for providing adequate instructions and obtaining all relevant notes, records and investigations and shall check that all relevant matters are addressed in the reports.

You must provide me with all information which might reasonably be expected to be relevant in enabling me to fulfil my responsibilities under this appointment as and when it becomes available to your Client and/or to Instructing Solicitors or their Agents.

Issues relating to cases involving ongoing chronic pain can be complex. These cases can involve reading through extensive medical documentation and numerous reports from other specialists. these complex issues created by chronic pain in terms of ongoing loss and disability, may lead to significant preparation times.

2. Report

2.1 Preparation

Cases of medical negligence take considerably longer to prepare and estimates of cost and turnaround times are provided after I have reviewed the relevant notes.

Normally I am able to see clients within 6 weeks, and prepare a report within 6 weeks, which is charged at a rate of £400 per hour.

You are responsible for giving adequate instructions and obtaining relevant notes, records and investigations and shall check that all relevant matters are addressed in the reports.

You must provide me will all relevant information which might be reasonably be expected to be relevant in enabling me to fulfil my responsibilities under this appointment as and when it becomes available to your Client and/or to Instructing Solicitors or their Agents.

You will ensure that the information provided or prepared by your Client or on your Client’s behalf is complete and accurate in all material aspects and not misleading and is updated as necessary (informing me immediately if your Client discovers or has reason to believe that any of the information is, or becomes, untrue, misleading, inaccurate in any material aspect). Instructing Solicitors acknowledge that I shall, and am entitled to, rely upon all information provided to me, that I shall not be responsible for the verification of any information and that my report will be provided only on the basis of the information disclosed to me by you and the Client.

I will own the copyright in all reports and/or materials produced by me. Additionally, I will retain the title to all reports and/or materials produced by me until I have received full payment.

2.2 Changes

Inevitably, some reports may contain minor errors, such as dates or facts in relation to the accident. When there has been a genuine factual mistake, I have no difficulty amending the initial report.

In some circumstances, clients request that a report is substantially amended or that I interpret GP notes and records subjectively, rather than objectively comment on the information available. Occasionally, I am asked to change my opinion without receipt of any additional or new information.

Given the recent case of Liverpool Victoria Insurance Company Limited vs Zafar, I am reluctant to make anything other than minor factual corrections to the initial report. If I am provided with additional information or comments from you or your client, I will include this as a supplemental report clearly indicating the source of the new information.

3. Payment

Payment for a report is required before its release unless we have made a prior arrangement. For solicitors with whom I have a standing relationship and who instruct me regularly, reports can be released without advance payment if we have a prior agreement.

I will bill for all time spent in connection with the case including but not limited to the consultation, all investigations, preparation of the report, telephone consultation with instructing solicitor/counsel. Also expenses incurred for pre-trial meetings and court attendance including travel, photocopying and subsistence costs.

I will adhere to the “Medical Expert Declaration” required by the court as follows, “I confirm that I have not entered into any arrangement where the amount or payment of my fees is in any way dependent on the outcome of the case”.

All reports must be paid for within one year of receipt, regardless of whether the case has been settled. If payment is not received after one year, standard interest charges will be applied.

Due to HMRC regulations, I am liable for all invoiced reports, even if payment has not been received. For this reason, I cannot extend credit terms beyond one year.

I accept payment via BACS transfer or cheques.

4. Solicitors Duty

It is your duty as the instructing solicitor to provide all relevant information necessary for me to prepare a report to assist the court. The report will be based solely on the information you provide.

If new, relevant information is provided after the report has been completed, I cannot rewrite or amend the original document. In such cases, I will provide an addendum report at an additional fee, citing the source of all new information.

The instructing solicitors should ensure that I am provided will all the relevant details in relation to the client including name, date of birth, address and occupation. The date and mechanism of the accident should also be included. If there are any issues to be considered these should be highlighted in the initial letter of instruction.

You must ensure that I receive all relevant client details, including their full name, date of birth, address, and occupation. The date and mechanism of the accident should also be included. If there are specific issues to be considered, these should be clearly highlighted in the initial letter of instruction.

Additionally, any reports from other experts that have already been obtained should also be made available to me.

As the instructing solicitor, it is your duty to provide me, the expert witness, with clear, sufficient instructions and all relevant information.

Upon receiving the medical report, it is your duty to review it for factual accuracy before sharing it with the opposing party.

5. Fees

Last Updated 01/04/25

No charges will be payable in respect of an appointment made by the Instructing Solicitor for their client where at least 24 hours notice of cancellation is given. If the consultation or appointment is cancelled less than 24 hours in advance or if the client fails to attend an administrative fee of £50 will be levied to cover preparation time and room rental.

Non-attendance fees are £400 per client unless there are exceptional mitigating circumstances.

Where the medical witness has made himself available to give evidence in court and subsequently, due to an out-of-court settlement or for any other reason, is no longer required to appear on the specified date, the medical witness shall be entitled to charge a percentage of the original fee agreed for appearing in court. If notification of cancellation is received within 7 days, then the full fee will be required. If notification of cancellation is beyond 8 days and earlier than 21 days then a 50% cancellation fee will be levied. Beyond 21 days, no cancellation fee will be levied.

5.1 Reports

• Reviewing relevant information and reports: £400 per hour

• Standard Medico-legal report: £400

• Standard Addendum Report: £400
  • Review of records: £4 per page reviewed

If you send paper records, please ensure you have retained copies. After the report is completed, all records will be confidentially destroyed. I do not return or retain records under any circumstances.

• Hourly Rate for complex cases (Defence/Negligence): £450

Complex cases involving multiple injuries, as well as defence and medical negligence cases, require significant preparation time. These cases often involve multiple issues to consider, extensive documents, and reports from other medical experts. They may also require extensive research and a review of relevant medical literature and clinical guidelines that were in effect at the time of the event.

These types of reports can take anywhere from six to ten hours (and sometimes longer) to produce and will result in a considerable fee. If you have concerns about the complexity and potential cost of your case, a free estimate can be provided before the report is prepared.

5.2 Court Fees

• Conference with Counsel (including travel and preparation): £300 per hour.

• Court Appearance (regardless of whether oral evidence is given):
  • Half-day: £1000
  • Full day: £2000

• Court Cancellation:
  • Less than 24 hours’ notice: £350
  • Less than 48 hours’ notice: £250
• Non-refundable Court availability fee: £500
  • No Dates will be provided until this has been paid.
  • In the event a case proceeds, it will be deducted from the court attendance fee.
  • In the event the case settles, the fee will not be returned.

All fees must be settled within 12 months, regardless of the case’s progress, after which interest will be charged on the outstanding amount.

HMRC requires that corporation tax is paid on all reports that have been invoiced, regardless of whether I have received the payment. Therefore, I am unable to extend credit terms beyond 12 months.

If, for any reason, the client decides not to proceed with the case, payment will still be required for the report’s preparation, and the solicitor will be liable for this fee.