Unless the context required otherwise, Client means those instructing Tower Forensics Limited. Expert means Tower Forensics Limited, hereinafter called TFL. Assignment means the matters referred to TFL. Fees mean the reasonable charges of TFL based on the normal rate for work of the type instructed, VAT will be charged where applicable, Disbursement means all reasonable and appropriate costs and out of pocket expenses incurred by TFL in carrying out the assignment.
2. The Instructions
The Client will:
Provide TFL with full and timely written instructions that clearly state the purpose for which TFL’s services are needed, including a description of the matter on which they are being sought, which factual aspects of the matter may be in dispute, whether the services are to be provided in accordance solely with information supplied or will require independent investigation by TFL, the precise kind of expertise called for, the particular questions that are to be addressed, when TFL will be expected to confer with experts instructed on behalf of other parties with a view to reaching agreement on the issues or narrowing those in dispute, whether TFL is to prepare a report for the advice of the Client or for use in court, any time constraints etc.
Provide TFL with such basic additional information as names, addresses, telephone numbers and dates of incidents.
Supply TFL with quality copies of all relevant data, specifying which may not be mentioned in the TFL’s report.
3. Obligations of the Client
The Client will:
Inform TFL whether he needs to obtain authority to incur the estimated fees and disbursements before confirming TFL’s instructions.
Notify TFL that legal aid prior authority has been applied for, granted or amended, by the Legal Aid Agency to incur TFL anticipated fees and disbursements and immediately advise TFL should authority be refused.
Apply to the paying authority for interim payments on account and to settle TFL’s invoices within the agreed times.
In privately funded cases ensure that TFL’s fees and disbursements are paid within the agreed time scale, whether or not the Client has been placed in funds by his Client.
Respond promptly to any reasonable request from TFL for clarification of instructions already given, further information or documents, permission to incur expenses additional to that initially estimated.
Permit TFL to engage others to undertake part of the assignment
Not alter, or allow others to alter, TFL’s report in any way without TFL’s explicit permission.
Give prompt written warning of every meeting or hearing that TFL is, or may be, required to attend and immediate notification should they be cancelled.
Keep TFL informed of the progress of the case.
Not use, or allow others to use, TFL’s report for any purpose other than litigation in the matter on which the Client sought TFL’s advice and services.
Instruct TFL on the basis the Client gives full, timely and proper lawful authority to enable TFL to comply with its duty to the court and the Client will indemnify TFL accordingly.
Obtains such lawful authority as may be necessary for TFL to undertake the requested work.
4. Obligations of TFL
TFL’s primary duty is to the court: to be truthful as to fact, honest as to opinion and complete as to coverage of relevant matters. Our evidence must be independent, objective and, unbiased towards the party responsible for payment. Subject to these are overriding considerations, TFL will
At all times use reasonable skill and care in carrying out the instructions it has accepted.
Perform only those tasks for which it has the requisite qualifications and experience to undertake, and the resources needed to fulfil them within the allotted time span.
Promptly notify the Client of any conflict of interest that would disqualify TFL or render it undesirable for TFL to have continued involvement with the case, or any requirement TFL perceives for the Client to employ additional expertise.
Endeavour to make itself available for hearings, meetings, or other necessary engagements, for which it has received adequate notice.
Not negotiate with the opposing party or the advisers unless specifically authorised to do so by the Client or instructed to do so by order of the court.
Not, without good cause, discharge itself from the appointment as Expert.
At all times, both during or after completion of the assignments, treat all aspects of it as confidential unless authorised by the Client to the contrary or instructed to so by order of the court.
5. Intellectual Property Rights
TFL retains copyright and all other intellectual property rights over all literary and artistic works produced by TFL.
Unless otherwise agreed in writing, all legal and beneficial interest in intellectual property rights and rights of ownership in written reports, photographs, recordings, models and other work created by TFL relating to or developed by TFL in connection with the assignment given by the Client shall belong to TFL.
TFL grants to the Client a non- exclusive, non-transferable licence to use the said intellectual property solely in connection with the assignment to which the instructions relate and for the duration of these terms of engagement but subject to the terms outlined in point six below being satisfied.
6. Fees and Disbursements
In the absence of written agreement signed by both parties:
The Client who instructs TFL does so as principal and shall be personally responsible for payment of TFL’s fees and disbursements, whether or not the Client has been placed in funds by his Client (or, in legal aid cases, by the paying authority) and the amount will not be subject to taxation by the court, a conditional fee arrangement or agreement, resolution of the case or assessment or by any other paying authority.
TFL may present invoices at such intervals as it considers fit and payment of each invoice will be due within 30 days of its presentation, subject to any written waiver granted by TFL.
7. Data Retention
Data created by TFL, and data provided by Clients or other shall be retained for a reasonable period.
Until payment in full has been made by the Client, TFL shall be entitled to retain all books, papers, reports, documents and other materials, whether or not they relate to the assignment in respect of which TFL has been instructed.
8. Cancellation of Fees
TFL shall be entitled to charge fees whenever
TFL’s time has been reserved for a specific hearing, meeting or other engagement, or
Specific instructions have been given to TFL for investigation and report and due to settlement of the matter, or for any other reason that is not the fault of TFL, the reservation of time has been cancelled or instructions withdrawn.
The fees for cancellation of hearings, meetings, or other engagements shall be calculated according to the following sliding scale
Notice Period of Cancellation % of daily rate
Greater than 7 days 0
Within 7 days 25
Within 4 days 50
Within 2 days 100
For cancellation of instructions prior to completion of a report, TFL will be entitled to that portion of the estimate for which the assignment has been undertaken and disbursements incurred in the process, or the minimum fee of 10% of the total quotation, whichever is the higher.
All contracts between TFL and the Client shall be governed by and interpreted in accordance with English Law and the Client submits to the exclusive authority of any competent court in England
10. Disputed Fees
In the event of the dispute over the amount of TFL fees and disbursements, such sums that are not disputed that shall be payable when due, irrespective of any counter claim that may be alleged. That part which is in dispute can then be referred for resolution to a mediator acceptable to either parties or court as determined by TFL.
11. Limitation of Liability
Without affecting any other limitation in this agreement, TFL’s liability under this agreement, however that liability arises (including a liability arising from breach of contract, arising by tort, the tort of negligence, or arising by breach of statutory duty) shall be limited to £1.00 provided that this clause shall not exclude or limit any liability of TFL for death or personal injury caused by TFL’s negligence
12. Liability Period
The Client may not commence any legal action against TFL under this agreement after six years from the date of completion of the services.
13. Third Parties
These terms of engagement set out the rights and obligations of the Client and TFL. For the purposes of the Contracts (Rights of Third Parties) Act 1999 nothing in these terms shall be taken to confer any right or benefit on any third party and a third party shall have no right to the enforcement of any term contained herein.
The Client may terminate the whole or any part of TFL’s engagement under this agreement at any time by giving one days’ notice in writing to TFL. Either party may immediately terminate the other’s engagement under this agreement by giving written notice to the other party if:
The other party is in material breach of its obligation under this agreement and fails to remedy that breach within one day having been given written notice to do so, or:
The other party becomes insolvent
15. Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement
No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
16. Retention Policy for Documents, Data and Exhibits
We retain material we have generated for seven years. The retention period commences on 31 December of the year we first received the case. TFL may retain case material beyond the seven-year retention period, because of public interest, first use of a scientific technique or media interest. Third party material (statements, reports, etc) may be destroyed after one year.
17. Force Majeure
TFL shall not be liable to the Client or deemed to be in breach of any contract by any reason of delay of performing, or any failure to perform, any of TFL’s obligations in relation to any of the services, if the delay or failure was due to any cause beyond TFL’s reasonable control. Without prejudice to the foregoing, the following shall be regarded as causes beyond TFL’s control: Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes: strikes, lockouts or other industrial actions or trade disputes (whether involving employees of TFL or of a third party): difficulties in obtaining materials, fuel, labour, parts: power failure or breakdown in machinery, computers, computer systems or software (including attacks by computer virus, Trojans, denial of service attack).