Mental Capacity Consult Ltd

The Mental Capacity Assessors

With effect from 1 April 2021

1. Fees for reports, correspondence, and joint statements

All fee tariffs, as defined in clause 5 herein below, for the production of reports and correspondence are based on time spent on preparatory background reading, examination of the client, and preparation, dictation, checking and amending of documents.  In the case of joint statements time in discussion with the other expert(s) is included.

2 hours is normally allocated for the examination of the claimant and one hour for subsequent examinations unless the circumstances are such that a lengthier interview is indicated.

In the case of joint statements, the time spent in discussion with the other expert(s) is charged at the same rate as the reports.

If there is a ceiling of costs this must be clearly specified and discussed with Mental Capacity Consult Ltd before any work is undertaken.

If, during the course of interview with the client, or perusal or documents, it appears that the report will take longer to prepare than the previously agreed ceiling might allow Mental Capacity Consult Ltd will discuss this with the instructing party before proceeding further.

2. Fees for attendance at Court

4 hours per half day, 8 hours per the whole date at chosen Tariff, see point 6.

3. Cancellation fees for assessment and court appearances

For cancellation, within 2 working days, 100% of the fee will be charged. 

For cancellation between 5 and 2 working days, 50% of the fee will be charged.  The fee will be reduced according to what additional paid work Mental Capacity Consult Ltd is able to obtain at short notice.

4. Fees for non-attendance / late cancellation of appointments

Payment terms:                 30 days from the date of invoice

5. Refunds and waivers

Fees are not subject to a refund or waiver in whole or in part in the event of disallowance or reduction on the Court’s assessment for costs and fees or refusal by the funding, paying, or contributing party/firm to pay in full, part or at all.

6. Tariff rates and Payment of fees

Tariff 1

(In respect settlement made within 30 days.)

As advertised on our website at the time of instruction.

Tariff 2

(In respect settlement made within 365 days)

Time rate charged: £200 per hour

Tariff 3

(In respect of settlement made within 24 months (730 days) or at the end of the case, whichever is sooner.)

Time rate charged: £280 per hour

Tarriff 4 – Additional cost considerations

Pre Reading: 2 minutes per page

Travel: £140.00 per hour

Mileage: £0.65 per mile

Tarriff 5

We shall consider Legal Aid Rate on a case-by-case basis.

7.   Joint instructions

In the event of joint instructions, fee liability is joint and several.

8. Time to submission of reports

Reports are usually completed and submitted within 2 weeks of interview.  Delays may result if key documents are missing.

9. Due diligence and Case records

 Instructing solicitors or companies will use their best endeavours to give full instructions and also to supply all necessary records and information – including relevant medical personnel and occupational health records – several weeks prior to interview, which they may be reasonably asked to supply in relation to the claim and or court proceedings, in order to prepare the interview and examination.

All notes records and papers will be shredded at the conclusion of the case unless their return is requested in writing. 

10. Terms application.

These terms override the terms and conditions of any instructing party.

11. Operation of Terms

These terms and conditions will apply to all instructions received or work carried out on or after 1 April 2022. 

Mental Capacity Consult Ltd.