Obligations and Responsibilities
(a) Client: The Client undertakes to ensure that full instructions are given to the Expert, either directly or via their Solicitor and/or Insurer and are provided in sufficient time and good order to enable the Services to be performed. The Client must procure all necessary access for the Expert to any goods, cargo, premises, vessels, installations and/or transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions where appropriate. The Expert shall not be liable for the consequences of late, incomplete, inadequate, inaccurate, or ambiguous instructions.
(b)It is understood by the Client that the Expert’s overriding duty is assist the Court/Tribunal on matters within their own expertise and that duty overrides any obligation to the Client. The Client will not withhold the payment of any fees due to the Expert as a result of the Expert complying with their overriding duty to the Court/Tribunal.
(c) Expert: The Expert shall use reasonable care and skill in the performance of the Services in accordance with sound practice. Any opinions expressed by the Expert represent their true and professional opinion which may or may not be favourable to the Client.
(d) Report: The Expert shall submit a written Report to the Client following completion of the agreed services providing the Expert’s opinion, unless otherwise expressly instructed by the Client (directly or via their Solicitor and/or Insurer) not to do so.
(e) Attending Hearings: The Expert, where necessary, will attend at court or other equivalent hearing (i.e. Arbitration). The Expert may also attend mediations or settlement meetings if requested to do so and the date is acceptable and agreed by all parties.
(f) Confidentiality: The Expert understands that the information provided by the Client may be subject to confidentiality and agrees not to permit access to such information to any third party unless the Client expressly grants permission. This obligation will not however extend to information which (i) was already or becomes known to the Expert through other sources not subject to such an obligation of confidentiality (ii) is or becomes known to the public generally other than as a result of a breach of this obligation or (iii) which the Expert is obliged to disclose pursuant to an order of a court or other such authority. In all cases such obligation of confidentiality shall be deemed to end 3 years after the end of performance of the Services. The end of Services being the date of the Expert’s final invoice.
(g) Intellectual Property: The right of ownership in respect of all original work created by the Expert remains the property of the Expert. The Expert will provide a licence for the Client (and/or the Solicitor and/or the Insurer) to use the work for all reasonable uses.
(h) Conflict of Interest/Qualification: The Expert shall promptly notify the Client of any conflict of interest or lack of suitable qualifications and experience, which would, in the opinion of the Expert, render it undesirable for the Expert to continue its involvement with the appointment. The Client shall be responsible for payment of the Expert’s Fees up to the date of notification.