Common use of The Instructions Clause in Contracts

The Instructions. The Appointor will: a. provide the Expert with full and timely written instructions which clearly state: i. whether the Expert is being instructed on the Appointor’s own behalf or that of one of the parties to the dispute or as a Single Joint Expert pursuant to Civil Procedure Rule 35.7 ii. the purpose for which the Expert’s advice and services are needed, including a description of the matter on which they are beingsought iii. which factual aspects of the matter may be in dispute iv. whether the advice and services are to be provided in accordance solely with information supplied or will require independent investigation by the Expert v. the precise kind of expertise called for vi. the particular questions that are to be addressed vii. whether the Expert 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 viii. whether the Expert is to prepare a report for the advice of the Appointor and/or his Client or for use in court, and, if the latter, whether a draft version needs to be submitted first of all ix. any time constraints for the provision of the advice, the production of the report, etc. b. provide the Expert with such basic additional information as names, addresses, telephone numbers and dates of incidents. c. supply the Expert with good-quality copies of all relevant documents. d. in the case of medical records, specify their location and identifying numbers and state whether consents for their disclosure have been given or are being obtained.

The Instructions. The Appointor will: a. provide the Expert with full and timely written instructions which clearly state: i. whether the Expert is being instructed on the Appointor’s own behalf or that of one of the parties to the dispute or as a Single Joint Expert pursuant to Civil Procedure Rule 35.7 ii. the purpose for which the Expert’s advice and services are needed, including a description of the matter on which they are beingsought being sought iii. which factual aspects of the matter may be in dispute iv. whether the advice and services are to be provided in accordance solely with information supplied or will require independent investigation by the Expert v. the precise kind of expertise called for vi. the particular questions that are to be addressed vii. whether the Expert 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 viii. whether the Expert is to prepare a report for the advice of the Appointor and/or his Client or for use in court, and, if the latter, whether a draft version needs to be submitted first of all ix. any time constraints for the provision of the advice, the production of the report, etc. b. provide the Expert with such basic additional information as names, addresses, telephone numbers and dates of incidents. c. supply the Expert with good-quality copies of all relevant documents. d. in the case of medical records, specify their location and identifying numbers and state whether consents for their disclosure have been given or are being obtained.