s/business-banking.dwt" --> Standard Terms & Conditions for Banking Expert Witness Work
banking liaison group
   

banking expert witnesses

 

What does a banking expert witness do?

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.

 
 

 
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