Expert witness Fees, Terms and Conditions, FAQ’s for instructing solicitors and medical reporting agencies

Mr James W Fairley BSc MBBS FRCS MS Consultant ENT Surgeon

Fees for medical reports produced to current Civil Procedures Rules

This page last updated 28 September, 2015

Please Note – from April 2015 until further notice we are not accepting any new Noise-Induced Hearing Loss instructions; please do not send bundles of notes without our prior agreement to take the instructions


Please telephone 01233 642244 for free intial case-screening advice. Please do not send bundles of notes through the post without prior discussion and our agreement to take the instructions.

Rates

Our basic rate* is £250 per hour plus costs of any specialist examinations, tests, investigations. We can supply estimates for individual cases on request.

* On occasions where we are asked to provided an expedited service and this entails working outside normal hours, weekends etc, we will charge an enhanced rate of 1.5 times basic rate, i.e. £375 per hour. Requests for an expedited service must be agreed in advance by both parties, on a case by case basis.

Invoice Terms and Conditions

  • Fees payable on receipt of report
  • Interest of 1.5% per month payable beyond 30 days
  • We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms

Deferred payment schemes

We do not carry out work under deferred payment schemes

Legal aid cases

We no longer accept legal aid cases.

FAQ’s for instructing solicitors and medical report agencies

Where do you hold clinics for ENT medico-legal examinations?
We hold clinics at the Harley Street ENT Clinic, London; the Chaucer Hospital, Canterbury; KIMS Hospital, Maidstone and William Harvey Hospital, Ashford, Kent. See our appointments page for further details
How often do you hold each clinic?
We hold weekly clinics in London and Maidstone, fortnightly in Canterbury, and monthly clinics in Ashford, Kent. Please see our weekly programme timetable for further details.
What is the average turnaround time between a letter of instruction and the date of examination?
Two to four weeks – provided that we have agreed to accept the instruction in advance. We do not recommend sending instructions without prior discussion, and if bundles of notes are sent without our prior agreement, we will not necessarily accept the case, and if we do so the turnaround time is likely to be considerably longer.
What is the average time between the examination and the provision of the medical report?
Within fifteen working days (three weeks)
Is audiology included in the price of a medical report for NIHL – Noise Induced Hearing Loss?
Yes. It is itemised out on the invoice fee note.
What frequencies do the medico-legal audiograms cover?
As per Coles et al guidelines, the audiogram covers 250, 500, 1k, 2k, 3k, 4k, 6k and 8k frequencies according to British Standards.
How much is the whole report including audiology costs to support a diagnosis of NIHL?
Usually GBP 1,150.00, provided that only a pure tone audiogram is required – if any more complex audiology such as oto acoustic emission testing, speech audiometry, brainstem electrical response or cortical evoked response this will increase the cost accordingly
Is VAT payable on your medical report?
No. At present, VAT is not payable on our medical reports, and we are not registered for VAT.
Does your fee include revision and/or amendments to your report, and include any supplementary reports, whether or not arising out of your original report?
Simple amendments and corrections of any factual errors and omissions are included in the fee. Responses to questions under CPR part 35.6 are not included and will be charged at our standard hourly rate. Supplementary reports, whether or not arising out of the original report, are also chargeable at our standard hourly rate.
Can payment be deferred until successful recovery of costs at the end of the claim?
No. Payment is due on receipt of the report and interest becomes due on payments beyond 30 days. We do not participate in deferred payment schemes.
Are you prepared to travel to attend Case Conference with Counsel and if so what is your rate?
Yes. Case conference with Counsel is chargeable at our standard hourly rate, subject to a minimum fee of 1 hour for teleconferencing and 3 hours for physical attendance in London. Three hours is inclusive of travel time, but not travel disbursements, which are billed in addition. Physical attendance at more distant venues, requiring substantially a whole day or more, will be billed at our daily rate (8 hours of our standard hourly rate) to include travel time, but not travel disbursements and not including overnight accomodation costs which will be billed in addition.
Can you provide a redacted / anonymised sample Expert Witness ENT medical report?
Yes. Please contact admin(at)entkent.com or call 01233 642244 to ask for this.
What is your percentage of instructions Claimant : Defendant : Joint?
80 : 10 : 10 All reports are produced to be scrupulously independent according to CPR Part 35 protocols regardless of whether we are instructed by claimant or defendant.
What is your fee for attending court as an Expert Witness?
GBP 2,000 per day plus travel expenses and overnight accomodation where required.
Have you presented evidence in Court as an Expert Witness?
I have given evidence and undergone cross-examination at GMC Fitness to Practice Hearings. I have undertaken training, approved by the Expert Witness Institute, in court room scenarios and cross-examination.
Can you provide a copy of your CV as a Medical Expert Witness?
Mr Fairley’s medico-legal CV as an Expert Witness is published on this site at http://entkent.com/medicolegal-cv/ Please note that the online version as publsihed on the entkent.com website is the definitive and current document, any printed copies may not be up-to-date.

Case Examples


Example 1: Noise induced hearing loss report, no relevant previous medical history, small volume medical records, no complex audiometry required (pure tone only)
Consultation and Examination 250.00
Pure tone audiometry to British Standards @ £150 150.00
Report preparation time 3 hours @ £250 / hour 750.00
Total 1,150.00

Example 2: Moderately complex personal injuries case; significant volume previous medical records requiring detailed study & commentary
Examination and preparation time 6 hours @ £250 / hour 1,500.00
Special investigation fibreoptic nasolaryngoscopy (inc hosp charges) 350.00
Total 1,850.00

Example 3: Complex medical negligence case; large volume previous medical records requiring detailed study & specific referenced citations / research documentation
Examination and preparation time 16 hours @ £250 / hour 4,000.00
Multiple special investigations eg cortical evoked response audiometry, electronystagmography, MRI scanning (at cost) 4,000.00
Total 8,000.00

Court appearances

Our rate is £2,000 per day or part thereof, plus travel, accomodation & sundry expenses

Cancellation fees for court appearances

We require a minimum of 8 weeks notice to re-arrange private patient appointments, scheduled operating theatre lists etc.

  • Out-patient clinics and operating theatre lists are normally booked well in advance.
  • Time is needed either to cancel and re-book large numbers of patients appointments, or to engage locum cover.
  • Once a date has been booked as leave for court attendance, it is not usually possible for us to re-instate private practice work with less than 8 weeks notice.

Therefore it would be justifiable to bill the full rate if a court case is cancelled with less than 8 weeks notice. However we recognize that this is not customary practice, and work to the following schedule:

Notice of Cancellation (calendar days) Percentage of fee payable
more than 56 nil
28 – 56 25%
14 – 27 50%
7 – 13 75%
less than 7 100%