Legal

Terms and conditions

These terms explain the basis on which Dental Expert Witnesses arranges dental expert witness services for solicitors and other professional instructing clients.

01

Contracting framework

Introduction and definitions

These terms apply to services arranged by DENTAL EXPERTS, referred to in these terms as “Dental Expert Witnesses”, “we”, “us” or “our”.

In these terms:

  • Client The solicitor, firm, insurer or other professional party identified as the instructing and contracting party in our written engagement confirmation.
  • Expert The dental or medical professional named in the engagement confirmation and appointed to provide independent expert evidence.
  • Report An expert report, opinion, addendum, answer to written questions or other expert evidence produced for the agreed instruction.
  • Engagement The written confirmation that a named Expert has accepted an instruction on the stated scope, fee basis and applicable terms.

These terms are read together with the quotation, the engagement confirmation and the Client’s letter of instruction. A specific written term agreed for an Engagement takes priority over an inconsistent general term on this page.

02

What is provided

Services and engagement

Dental Expert Witnesses identifies an Expert whose discipline is relevant to the clinical issue, provides information about that Expert and coordinates accepted instructions. We may also administer correspondence, appointments, records and delivery of the agreed Report.

An Engagement begins when we confirm in writing that the named Expert has accepted the instruction. Before that confirmation, an enquiry, curriculum vitae or quotation does not oblige either party to proceed.

The scope of work is defined by the engagement confirmation and letter of instruction. Work outside that scope, including substantial new records, supplementary opinions, written questions, expert discussions, joint statements, conferences or hearing attendance, may require a separate quotation and written approval.

Dental Expert Witnesses does not provide legal representation, conduct litigation or give clinical advice to patients.

03

Independence

The expert’s duty

The professional opinion in a Report is that of the Expert. Dental Expert Witnesses and the Client must not seek to influence an honestly held opinion.

Where Part 35 of the Civil Procedure Rules applies, the Expert’s duty is to help the court on matters within their expertise. That duty overrides any obligation to the person who instructs or pays the Expert. An equivalent duty may apply under the procedural rules of another court, tribunal or jurisdiction.

A Report may support, qualify or not support the Client’s case. The Client remains liable for properly incurred fees irrespective of the conclusion reached. Factual, typographical or presentational errors may be corrected, but the Expert cannot be required to change an independent opinion.

04

Instructions and records

Client responsibilities

The Client is responsible for providing clear instructions and complete, accurate and legible materials that may reasonably affect the Expert’s opinion. This includes relevant records, radiographs, pleadings, witness evidence, court orders and procedural requirements.

The Client must have a lawful basis for disclosing personal data and case materials to Dental Expert Witnesses and the Expert. Materials should be sent only through an approved secure route and must not include information that is irrelevant to the instruction.

If information is incomplete, inaccurate or supplied after work has begun, the Expert may identify the resulting limitations. Additional work, a revised scope or a new quotation may be required.

The Client is responsible for checking the Report promptly and notifying us of any factual error or material omission. A request for clarification must not ask the Expert to adopt an opinion they do not hold.

05

Commercial terms

Fees and cancellation

Fees and the work covered by them are confirmed in writing for each Engagement. VAT and reasonable disbursements are payable where stated in the quotation or engagement confirmation.

The engagement confirmation identifies the party responsible for payment, the invoice arrangements and the due date. The Client is responsible for those fees unless a different arrangement has been expressly accepted by Dental Expert Witnesses in writing.

Any deferred-payment, conditional-fee or legal-aid arrangement applies only if it is expressly agreed in writing before work begins. The written agreement will state any applicable rate, authority requirement, payment trigger and other conditions.

If an instruction, appointment, conference or hearing is cancelled after work has started or time has been reserved, the Client must pay for work completed and any cancellation charge or non-recoverable expense stated in the engagement confirmation.

06

Confidentiality and permitted use

Information and report use

Case materials and Reports are handled confidentially and may be disclosed where necessary to deliver the Engagement, comply with a court order or procedural rule, obtain professional advice, deal with an insurance or regulatory matter, or meet another legal obligation.

The Client may use and disclose the Report for the matter for which it was commissioned, including as required by the applicable court or tribunal process. It must not be altered, quoted misleadingly, published generally or reused for an unrelated purpose without written permission, unless the law or a court requires otherwise.

Our handling of personal data is described in the Privacy Notice. Cookie and website storage information appears in the Cookie Policy.

07

Responsibility and concerns

Liability and complaints

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

Dental Expert Witnesses is not responsible for loss caused by inaccurate, incomplete or late information supplied by the Client, or by use of a Report outside its agreed purpose, to the extent that responsibility can lawfully be excluded.

If the Client is dissatisfied with the administration of an Engagement, it should contact Dental Expert Witnesses promptly with the instruction reference and details of the concern. We will review the matter and explain the outcome.

Telephone
0800 161 3395

A complaint about service administration does not permit either party to influence an Expert’s independent professional opinion. Professional-conduct concerns may also fall within the remit of the Expert’s regulator.

08

Governing terms

Law and changes

[CONFIRM GOVERNING LAW AND COURT JURISDICTION, INCLUDING HOW THE CLAUSE APPLIES TO ENGAGEMENTS CONNECTED WITH SCOTLAND OR NORTHERN IRELAND.]

We may update these website terms. The version that applies to an Engagement is the version in force when that Engagement is accepted, unless a later change is agreed in writing or is required by law.

If any provision is found to be invalid or unenforceable, the remaining provisions continue in effect. Delay in enforcing a right does not waive that right. A variation is effective only when recorded in writing by authorised representatives of the parties.

The website provides general information about dental expert evidence. It is not legal or clinical advice, and viewing it does not create an expert, solicitor-client or other professional relationship.

Publication check

Four decisions remain outside the copy.

Before publication, confirm the legal entity, standard commercial terms, liability and insurance position, complaints email, and governing law. Those decisions must also match every quotation and engagement confirmation used by the business.