Terms and Conditions

TERMS AND CONDITIONS

for Medicolegal Instructions

Between Dr. Richard Ibitoye and the Instructing Party (Client)

1.1 Initial Instructions: The client shall provide comprehensive instructions, including whether the matter is pre-trial advice or if litigation is likely. All relevant timetabling information should be provided as far as is practicable.

1.2 Documentation: Prior to examination, I require electronic copies of the entirety of the client’s GP medical records, all relevant reports/letters from psychiatrists, neurologists, or psychologists, and copies of any witness statements. I am happy to receive this at richard@ibitoyemedical.co.uk.

1.3 Lead Times: Where a consultation is needed, I am able to see most clients within 2 weeks of a request at my Bristol clinic (2.1). Following the appointment and receipt of all appropriate medical records, I aim to provide the completed report as soon as practicable, with the time required depending on the complexity of the work. Screening/advisory reports are usually completed within 10 days. I will provide an estimate of the time frame at the time of instruction.

2. Consultations

2.1 Venue: I consult from Spire Bristol Hospital (The Glen, Redland, Bristol BS6 6UT). I have regular clinics on Thursday evenings and Fridays. I also have additional ad hoc capacity at other days.

2.2 Medicolegal Consultation Fee: Where consultation is required: £400 for a 50-minute appointment.

2.3 Clinic Cancellation and Non-Attendance Policy: Cancellations made with less than 24 hours’ notice, or failure to attend an appointment without notice (non-attendance), will incur a fee of 100% of the medicolegal consultation fee. Cancellations between 24 hours’ and two business days’ notice will incur a 50% fee.

3. Fees and Expenses

3.1 Hourly Rate: All other professional time is billed at £350 per hour. This applies to reading documentation, examination, and meeting significant parties.

3.2 Fixed Fees: Fixed fee arrangements may be negotiated upon request. This is particularly relevant to personal injury reports, where a fixed fee of £1,200 is usual (but may be higher, conditional on the medical records volume).

3.3 Conferences: Attendance at “without prejudice” meetings or conferences with Counsel is billed at £350 per hour, including time waiting.

3.4 Travel: My fee for time spent travelling and waiting is £150 per hour.

3.5 Travel Expenses (disbursements): Reasonable costs incurred in the course of travel, subsistence, and should an overnight stay be required accommodation will form a part of my fees for the work. Estimates can be provided at the time of instruction. All reasonable travelling expenses will be required for attending Court or meetings outside London. Copies of receipts will be provided upon request.

3.6 VAT: Fees are not currently subject to VAT.

4. Court Attendance and Cancellation

4.1 Daily Rate: My rate for attending Court to give expert evidence is £3,000 per day (or part thereof), including travelling and waiting time. This fee is payable even if oral evidence is not given.

4.2 Notice Period: I require a minimum of 8 weeks’ notice for Court attendance to allow for the cancellation of NHS clinical activities.

4.3 Cancellation Fees: If a Court attendance is cancelled, the following contingency fees apply: within 2 weeks of the date, 50% of the daily rate (£1,500); within 48 hours of the date, 100% of the daily rate (£3,000).

5. Payment Terms

5.1 Report Release: Payment is required before the release of the report to the court unless I have personally given prior written agreement to the contrary.

5.2 Outcome Independence: Payment is required irrespective of the outcome of the case in all situations.

5.3 Settlement Period: In all cases, payment is expected within 90 days of the invoice date, regardless of whether your client has paid you (unless agreed beforehand).

5.4 Late Payment Interest: For accounts not settled within 90 days, interest may be charged pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debts Regulations 2002.

5.5 Taxation: I do not accept the taxation of my accounts. The instructing client is responsible for funding any taxation deducted from the case.

6. Professional Duties and Liability

6.1 CPR Part 35: The client understands and accepts the nature of my duty to the Court (in civil matters) under Part 35 of the Civil Procedure Rules.

6.2 Standards: I will use my experience, care, and skill to fulfil instructions to the best of my ability. In the event of dissatisfaction, the client shall put the reasons to me in writing.

6.3 Force Majeure: I shall not incur liability for any loss or damage suffered as a result of the supply of services being prevented, hindered, or delayed by circumstances outside my control.

7. Termination

7.1 Insolvency: I reserve the right to terminate this agreement upon written notice if the client is dissolved, becomes insolvent, or makes an assignment/arrangement with creditors.

7.2 False Information: I reserve the right to terminate this agreement and charge for all work undertaken to that point if the client or their representative provides false or misleading information which may compromise my duty to the Court.