Terms

Mr Hakin's current hourly fee rate is £400 + VAT per hour for all work undertaken on the case, to include review of records, examination of patient, preparation of report, literature searches, travel time to conferences and supplementary enquiries. Mr Hakin is prepared to consider providing a fixed fee price if requested, following discussion with the Client (the Instructing Agency or Solicitor if no Agency involved) and assessment of the case in question.

Fee for Court attendance as Expert Witness, whether or not oral evidence is eventually required, is £2,750 (+ VAT) per day or part thereof, plus accommodation and subsistence expenses and travelling expenses at £200 (+ VAT) per hour with First Class rail travel or car mileage at 90 pence (+ VAT) per mile. Copies of receipts will be provided if requested.

If an overnight stay should be required this will be charged at £350 (+ VAT) per night, plus accommodation and subsistence expenses.

Mr Hakin's rate for overseas travel is £2,750 (+ VAT) per day or part thereof, plus accommodation and subsistence expenses and travelling expenses at £200 (+ VAT) per hour with business class air travel. Mr Hakin is prepared to consider providing a fixed fee price if requested, following discussion with the Client (the Instructing Agency or Solicitor if no Agency involved) and assessment of the case in question.

Where it is necessary to undertake specific investigations or tests in order to properly deal with the matter, Mr Hakin will seek the Client's authority before incurring the cost of such investigations or tests. The Client will be responsible for the charges for such tests and investigations.

The Client will pay Mr Hakin within 30 days from completion of the report and delivery of the invoice. Separate invoices will be rendered for further such work undertaken on the case and will be paid within 30 days from delivery of such further invoice.

Mr Hakin will use his best endeavours to comply with any Court order affecting him. The Client is required to supply him with copies of all such Court orders as soon as possible after such has been made. He will deal with any questions about his report put to him by either party but may require assistance and guidance from the Client. He will deal with any order or request to attend an experts' meeting. Once the case has been set down for trial he will use his best endeavours to keep those dates free of other work or other trial commitments. He may require the service of a witness summons.

Mr Hakin reserves the right to terminate this agreement upon giving written notice to the Client, without prejudice to any accrued rights under the agreement, if the Client is dissolved or becomes insolvent, or makes a general assignment, arrangement or composition with its creditors.

The rights and remedies set forth in this agreement are not exclusive and are in addition to all other rights and remedies provided by law.

This agreement shall be governed by and construed in accordance with the laws of England and constitutes the entire agreement between the parties.

Mr Hakin will use his experience, care and skill in fulfilling your instructions to the best of his ability. In the event of dissatisfaction with his services, the Client shall put reasons to him in writing.

The Client shall provide Mr Hakin with comprehensive instructions including whether the matter is pre-trial advice or litigation is likely and all timetabling information as far as practicable including track allocation. Mr Hakin reserves the right to terminate this agreement and charge for work undertaken to that point if the Client or anyone representing the Client has provided him with information which is false or misleading and which may compromise his duty to the Court.

The Client understands and accepts the nature of Mr Hakin's duty to the Court under Part 35 Civil Procedure Rules.

Mr Hakin shall not incur any liability to the Client for any loss or damage which may be suffered as a result, directly or indirectly, by the supply of services being prevented, hindered or delayed as a consequence of circumstances outside his control.

In accepting your instructions, Mr Hakin agrees to be data controller jointly with you of the personal data you send him. You agree to respond to any subject access requests or other requests made by data subjects in respect of this information on his behalf as well as your own. If Mr Hakin receives a subject access or other request regarding information you have sent him, he will send it to you to deal with, along with any other personal data he holds as a result of accepting your instructions.

Mr Hakin's Privacy Notice can be viewed on his website www.kimhakin.com.

Cancellation charges will be applied in any case for which Mr Hakin has been warned for Court or a Summons issued, the charges depending upon notice of cancellation:

Calendar days Less than 7 7-13 14-27 28-56 More than 56 days

Percentage of fee payable 100% of fee for dates set aside 75% 50% 25% No charge

Click here to download Kim Hakin's Terms & Conditions in a .pdf format