These terms set out the basis on which CTM Consulting provides digital forensic expert witness and consultancy services. They should be read alongside the letter of instruction for each specific matter.
CTM Consulting accepts instructions from solicitors, barristers instructed through a solicitor, corporate legal teams, and other professional clients. Instructions are not accepted directly from members of the public in connection with ongoing legal proceedings.
An instruction is formally accepted when CTM Consulting confirms acceptance in writing. Work will not commence until a signed letter of instruction has been received and any agreed upfront payment or undertaking has been received where required.
CTM Consulting reserves the right to decline any instruction without providing a reason, and to withdraw from an instruction where a conflict of interest is identified at any stage.
In all matters involving court proceedings, CTM Consulting's expert witness services are provided subject to the overriding duty to the court as set out in Criminal Procedure Rules 2020 Part 19 and Civil Procedure Rules Part 35.
This duty overrides any obligation to the instructing party. Whilst CTM Consulting will endeavour to assist the client's case where the evidence permits, it cannot and will not present evidence that does not reflect its genuine professional opinion.
Fees are agreed in advance and set out in a written estimate or fee proposal provided before work commences. CTM Consulting charges on an hourly basis for most work, with fixed fees available for standard report-only instructions by agreement.
The estimate provided is based on the scope of the instruction as described at the time. Where the scope changes materially, a revised estimate will be provided. CTM Consulting reserves the right to invoice for reasonable additional work arising from changes in scope, new material, or additional attendance not included in the original estimate.
Invoices are due within 30 days of the invoice date. Late payment may attract interest at 8% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998.
Legal aid rates (LAA/LSA) are available for eligible criminal defence instructions. Please confirm legal aid status at the outset.
All digital exhibits, devices, and data provided to CTM Consulting for examination will be handled in accordance with accepted forensic principles and chain of custody requirements. CTM Consulting will issue a receipt for all material received.
Physical devices will be returned to the instructing party on completion of the instruction, unless otherwise agreed. Forensic images and working copies may be retained for the duration of the matter and for a reasonable period thereafter.
The instructing party is responsible for ensuring that CTM Consulting has the lawful authority to examine the material provided. CTM Consulting accepts no liability for instructions where authority has been incorrectly represented.
All case information and personal data received in connection with an instruction is treated as strictly confidential. CTM Consulting will not disclose information relating to an instruction to any third party without the written consent of the instructing party, except where required by law, court order, or our professional obligations.
This obligation of confidentiality survives the termination of the instruction and applies to all staff and contractors engaged by CTM Consulting.
CTM Consulting will use reasonable endeavours to meet any agreed timescales. Timescales are confirmed at the outset based on the scope of the instruction and current workload. Urgent instructions may attract a premium charge, agreed in advance.
CTM Consulting cannot guarantee delivery within any timescale where the instructing party has not provided all required material in good time, or where the scope of the instruction changes after the start of examination.
CTM Consulting maintains professional indemnity insurance. Our aggregate liability for any claim arising from an instruction is limited to the fees paid for that specific instruction, except in cases of gross negligence or fraud.
CTM Consulting is not liable for any indirect, consequential, or economic losses arising from its services, including any adverse outcome in proceedings.
Either party may terminate an instruction on reasonable written notice. CTM Consulting reserves the right to terminate immediately where fees remain unpaid for more than 60 days, where a conflict of interest arises, or where continuing the instruction would be contrary to our professional obligations.
On termination, CTM Consulting will invoice for all work completed to the date of termination and will return all original material in its possession. Fees for work completed are payable regardless of the reason for termination.
These terms are governed by the laws of England and Wales. Any disputes arising from an instruction shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Questions about these terms should be directed to christopher.miles@ctm-consulting.co.uk. These terms were last updated in January 2025.