Terms of Instruction

1. Introduction

These Terms of Instruction (“Terms”) govern all medico-legal instructions accepted by Psychiatric Report Ltd (“the Company”) and apply unless expressly agreed otherwise in writing by the Company.

The Company accepts instructions on a professional expert-witness basis and provides access to independent consultant psychiatrists for the preparation of expert evidence. These Terms form part of the contractual relationship between the Company and the instructing solicitor, insurer, organisation, public body, or other instructing party (“the Client”).

By instructing the Company (including by confirming an instruction by email, via an online form, or by conduct), the Client confirms that they have authority to do so and agree to be bound by these Terms.

References in these Terms to “report” include any letter of opinion, addendum, memorandum, clarification, joint statement, schedule of agreement/disagreement, or other expert evidence produced in connection with an instruction. References to “Expert” mean the consultant psychiatrist allocated to the instruction.

2. Scope and Nature of Instructions

All instructions must be provided in writing. The scope of each instruction is defined by the letter of instruction (or equivalent written request), the documents provided, and the specific questions agreed to be addressed.

The Company and the Expert rely on the accuracy, completeness, and timeliness of information supplied by the Client and do not accept responsibility for opinions that are materially affected by incomplete, inaccurate, misleading, or late-disclosed information.

The Company reserves the right to:

• seek clarification where instructions or questions are unclear or overly broad
• request further documentation where reasonably required to address the questions
• decline, pause, or withdraw from instructions that fall outside the relevant expertise or are not suitable for independent expert evidence
• decline instructions where conflicts of interest arise or where independence may be compromised
• require confirmation of the issues, purpose, and intended forum (e.g., civil, criminal, family, tribunal) before work proceeds

Experts instructed through the Company act independently and objectively. Neither the Company nor the Expert undertakes any advocacy role on behalf of any party. Nothing in these Terms constitutes clinical treatment, the provision of medical care, or the formation of a treating doctor–patient relationship.

3. Allocation of Experts

The Company maintains a panel of suitably qualified consultant psychiatrists and allocates an Expert to an instruction based on the nature of the issues, the required expertise, availability, and any court-directed requirements.

The Client may request particular expertise or identify reasonable constraints (for example, language requirements, geographical constraints, or neurodevelopmental experience). The Company will consider such requests but does not guarantee allocation of any particular individual Expert.

The Company reserves the right to substitute an Expert where necessary (for example due to availability, illness, conflict, regulatory restrictions, or other good reason). Where substitution is required after work has commenced, the Company will act reasonably to minimise disruption and, where appropriate, will discuss practical implications with the Client (including timescales and fees).

4. Expert Independence and Duty to the Court

All psychiatrists instructed through the Company owe their overriding duty to the court, tribunal, or other adjudicative body. This duty takes precedence over any obligation to the Client.

Opinions expressed are independent, impartial, and uninfluenced by the identity, interests, or expectations of the Client or any party to the proceedings.

Where applicable, reports are prepared in compliance with CPR Part 35, relevant Practice Directions, and any equivalent applicable rules, including appropriate declarations and Statements of Truth.

The Client must not ask (and the Company will not facilitate any request) for the Expert to adopt a partisan position, to omit relevant information, or to tailor opinion to achieve a desired outcome.

5. Fees, VAT, and Payment

Fees are chargeable for professional time spent on each instruction, including (but not limited to):

• review of instructions and documentation
• psychiatric assessment (remote or in-person where offered)
• report preparation and revision
• correspondence, liaison, and case administration reasonably required for the instruction
• reasonable time spent dealing with procedural matters (including timetabling, compliance steps, and communications regarding disclosure)

Any fee indication provided prior to receipt and review of the letter of instruction, case papers, and relevant records is an estimate only. Following review, the Company will confirm the fee (or an updated estimate) and any assumptions or limitations. Where additional work is proposed that materially affects cost, the Company will seek agreement in advance where reasonably practicable.

Invoices are issued by the Company to the Client. Unless expressly agreed otherwise in writing, the Client is responsible for payment of all fees and disbursements, irrespective of the outcome of proceedings. Where more than one party instructs (including joint instructions), the instructing parties are jointly and severally liable for payment unless an alternative arrangement is agreed in writing.

VAT is charged where applicable in accordance with current law.

Payment terms, including timescales and accepted methods, are set out on the Fees & Payment page and form part of these Terms. If payment terms are agreed on a case-specific basis, those written terms prevail for that instruction.

The Company reserves the right to pause or decline further work (including addenda, Part 35 responses, joint statements, conferences, and court attendance) where invoices are overdue or where appropriate payment arrangements have not been agreed.

6. Additional Work and Further Instructions

Additional work may arise following completion of the initial report. This may include, but is not limited to:

• responses to CPR Part 35 questions or equivalent procedural questions
• addenda, supplementary reports, or updates (including consideration of new evidence or disclosure)
• conferences with counsel or the legal team
• joint expert discussions and preparation of joint statements
• preparation for and attendance at court or tribunal

Where practicable, additional fees will be discussed and agreed in advance. Where advance agreement is not practicable — for example due to urgent court-directed requests or time-sensitive matters — reasonable fees may be charged for work undertaken, calculated by reference to published or agreed rates.

Where an instruction changes materially (including a material change to the questions, purpose, forum, volume of records, or urgency), the Company may revise timescales and fees accordingly.

7. Cancellations, Non-Attendance, and Late Instructions

The Company and the Expert may reserve professional time for assessments, conferences, joint meetings, and court attendance. If reserved time is cancelled, varied, or vacated at short notice, cancellation fees may be payable reflecting work undertaken and time reserved.

Failure by the examinee to attend a scheduled assessment, or cancellation by the Client after an assessment has been arranged or preparations undertaken, may be chargeable in full or in part. The applicable approach and any sliding scale (where used) will be set out on the Fees & Payment page or confirmed in writing for the instruction.

The Client is responsible for ensuring that the examinee is informed of appointment details, attends as required, and provides any pre-assessment documentation reasonably requested. Where an assessment cannot proceed due to missing documentation, lack of consent where required, or other preventable issues, fees may still be payable for time reserved and work undertaken.

Late instructions, urgent deadlines, or compressed timetables may attract an uplift or require revised delivery dates, subject to the Expert’s availability and the need to comply with professional and procedural obligations.

8. Confidentiality and Data Protection

Subject to legal and procedural obligations (including court directions and disclosure duties), the Company and the Expert will treat as confidential information received in connection with an instruction.

All information provided in connection with an instruction is handled in accordance with UK data protection legislation, including UK GDPR and the Data Protection Act 2018. Personal data is processed for the purposes of providing medico-legal services, case administration, and related professional obligations.

Further details are set out in the Data Protection Policy, which should be read alongside these Terms.

9. Use and Reliance on Reports

Reports are prepared solely for the purpose specified in the letter of instruction (or equivalent written instruction) and for use within the proceedings or process identified at the time of instruction.

Unless otherwise required by law, court order, or procedural rules, reports may not be disclosed, relied upon, repurposed, or used in any other context (including other proceedings, regulatory matters, employment matters, immigration matters, or complaints processes) without the prior written consent of the Company.

The Client is responsible for onward disclosure, compliance with court directions, service of reports, and ensuring that any disclosed report is complete and unaltered. The Client must not edit, amend, or present extracts of a report in a manner that is misleading or out of context.

Unless expressly agreed in writing, the Company does not accept original documents. The Client should provide copies (digital where possible) and retain originals.

10. Governing Law and Jurisdiction

These Terms of Instruction are governed by the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction in relation to any dispute arising from or in connection with these Terms, subject to any mandatory rules that apply to the relevant forum.