Terms of business
1. Scope
These terms govern expert witness and forensic engineering instructions accepted by Roger Newby trading as Vehicle Engineering Analysis. Each instruction is defined by written terms of engagement, which prevail over these general terms where they differ. Nothing on this website is an offer capable of acceptance.
2. When an instruction exists
No instruction exists until written terms of engagement have been agreed by the instructing party. Enquiries, preliminary conversations and correspondence do not create an instruction, and no opinion on a case is given before one exists.
3. The expert's duty
The expert's overriding duty is to the court, and that duty overrides any obligation to the instructing or paying party. The opinion given is the expert's independent opinion, uninfluenced by the pressures of litigation, and will be the same whichever party instructs. The expert does not give legal advice and does not decide the dispute.
4. Expertise and declining work
Instructions are accepted only on matters within the expert's expertise in vehicle and mechanical engineering. Questions outside that expertise will be declined or referred on, in writing. Where, during an instruction, the papers show that a question cannot be answered on the evidence available, the report will say so.
5. Conflicts
A conflict check is carried out before every instruction against the parties and, where known, their representatives, insurers and repairers. Any circumstance that might reasonably call independence into question will be disclosed, and the instruction declined where impartiality cannot be assured.
6. Fees and payment
Fees for the report are fixed and stated in writing in the terms of engagement, based on the papers supplied at the time of instruction. Material additions to the papers or the scope are quoted before further work is done. Conferences, written questions, joint statements and attendance at court are quoted separately. Fees are never contingent on the outcome of the case or the content of the opinion. Payment terms, cancellation terms and any legal aid arrangements are set out in the terms of engagement.
7. Papers and confidentiality
Papers are exchanged by secure means and held in the United Kingdom. The website forms are for an outline enquiry only. Information received under an instruction is kept confidential and used only for that instruction, subject to the expert's duties to the court, including the duty under CrimPR Part 19 to disclose matters that might undermine the opinion.
8. Reports
Reports are written to comply with CPR Part 35 and Practice Direction 35, or CrimPR Part 19 and the Criminal Practice Directions, as applicable. Drafts may be checked by the instructing party for factual accuracy; the opinion is not negotiable. Reports are addressed to the court and may not be edited, excerpted or presented in a way that changes their meaning.
9. Data protection
Personal data is handled as described in the privacy policy.
10. Liability
Professional indemnity insurance of £2,000,000 is held. Liability for any instruction is limited to the amount of that cover, save that nothing in these terms limits liability that cannot lawfully be limited. The expert's immunity from suit in respect of evidence given in court no longer applies in England & Wales following Jones v Kaney [2011] UKSC 13; these terms are written with that in mind.
11. Termination
Either party may end an instruction on written notice. Fees for work done to the date of termination remain payable in accordance with the terms of engagement. The expert may withdraw where continuing would conflict with the duty to the court.
12. Governing law
These terms and every instruction are governed by the law of England & Wales, whose courts have exclusive jurisdiction.