Terms of Engagement – Expert Witness Services

1. Scope of Services

I, Dr Samah Boulis, agree to provide independent expert witness services in the field of General Practice, in accordance with instructions received from the instructing solicitors (“the Client”) and subject to the terms set out below.

2. Fee Structure

Hourly Rate: £XXX per hour

This applies to all professional time, including:

  • File review
  • Medical record analysis
  • Research
  • Report drafting and preparation

Note: Where Legal Aid funding applies, the legal Aid Agency (LAA) may assess and approve fees. However, my contractual relationship remains with the instructing solicitors, who are responsible for payment of all fees.

3. Subsequent work

All subsequent work, such as supplementary reports, letters, joint statements with other experts, attendances at conferences, by telephone or in person, is charged at the hourly rate of £XX.

4. Court Attendance

Daily Rate: £XXX per day (or part thereof)

  • This fee includes travel, waiting time, and provision of oral evidence.
  • The fee is payable irrespective of whether oral evidence is ultimately required.
  • Overnight accommodation, where necessary, will be charged separately at cost, supported by receipt.

5. Travel and Expenses

  • Travel Time: £XX per hour
  • Public Transport: Charged at cost
  • Disbursements: All reasonable out-of-pocket expenses charged at cost (receipts available upon request)

6. Payment Terms

  • Invoices: Payable within 60 days of issue
  • Additional Work: Supplemental work (e.g. addendum reports, conferences, or further instructions) will be invoiced separately and payable within 60 days
  • Late Payment: Interest will be charged at 1% per month (or part thereof) on overdue invoices

7. Trial Preparation and Cancellations

Trial Preparation Fee: A minimum of 2 hours at the standard hourly rate will be charged for trial preparation if the case is cancelled within one month of the trial window.

Short-Notice Cancellation Fees:

  • Cancellation within 14 days of trial: 50% of daily rate
  • Cancellation within 1 working day: 100% of daily rate

In both cases, the 2-hour preparation fee will not apply.

Non-Refundable Expenses: Any irrecoverable expenses (e.g. pre-booked travel or accommodation) will be charged in full.

Cancellation Cap: Total cancellation charges shall not exceed one full day’s professional fee (£XXX).

8. Professional Duties

Independence: I act as an independent expert witness. My overriding duty is to the Court in accordance with CPR Part 35, which takes precedence over any obligation to the instructing party.

Standards: All work will be carried out with reasonable care, skill, and professional competence.

9. Client Obligations

Instructions: The Client must provide:

  • Comprehensive and clear instructions
  • Relevant documentation in a timely manner
  • Clear timetabling information
  • Confirmation of whether the matter is pre-litigation or in active litigation

Integrity of Information: I reserve the right to withdraw from instructions and charge for work completed where information provided is false, misleading, or compromises my duty to the Court.

10. Cancellations

If instructions to undertake work are subsequently cancelled after part of the work has been carried out, but before it has been completed, then a charge will be made for the work that has been completed.