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1. The name of the Association is the “ASSOCIATION OF MEDICAL
REPORTING ORGANISATIONS” (“the Association” and “AMRO”)
2. Subject to the matters set out below the Association shall be
administered and managed in accordance with this Constitution by
the Members
of the Management Committee constituted by Clause 6 of this Constitution
(“the Management Committee”)
3. The objects for which the Association is established are:
3.1 To promote professional standards
and good practice in the presentation and use of medical reports
and ensure that the
conduct of medical experts in the context of legal proceedings
is in
accordance with the overriding objective of enabling the Court
to deal with cases justly and in accordance with the duties
and responsibilities of expert witnesses as set out in Part 35
of
the Civil Procedure Rules recognising that the experts duty
is to help the Court in matters within his or her own expertise
and that this duty is paramount and overrides any relationship
with those from whom instructions are received or by whom he
or she is paid.
(a) Expert evidence presented to the Court should be, and should
be seen to be, the independent product of the expert uninfluenced
as to form or content by the exigencies of litigation;
(b) An expert witness should provide independent assistance to
the Court by way of objective unbiased opinion in relation to matters
within his expertise. An expert witness in the High Court should
never assume the role of an advocate;
(c) An expert witness should state the facts or assumption upon
which his opinion is based. He should not omit to consider material
facts which could detract from his concluded opinion;
(d) An expert witness should make it clear when a particular question
or issue falls outside his expertise;
(e) If an expert’s opinion is not properly researched because
he considers that insufficient data is available, then this must
be stated with an indication that the opinion is no more than a
provisional one. In cases where an expert witness who has prepared
a report could not assert that the report contained the truth,
the whole truth and nothing but the truth without some qualification,
that qualification should be stated in the report;
(f) If, after exchange of reports, an expert witness changes his
view on a material matter having read the other side’s report
or for any other reason, such change of view should be communicated
(through legal representatives) to the other side without delay
and when appropriate to the Court
(g) Where expert evidence refers to photographs, plans, calculations,
analyses, measurements, survey reports or other similar documents,
these must be provided to the opposite party at the same time as
the exchange of reports
3.2 To do all such other lawful things as are incidental to, or
conducive to, the attainment of the object mentioned above
4.1 Membership of the Association shall
be open to any agency or any organisation carrying out the business
of sourcing and providing medical reports for use in litigation
(any such body being called in this Constitution an “Eligible
Organisation”) and which the Management Committee is satisfied
meets the following conditions or should be admitted pursuant to paragraph 4.3:
4.1.1 it has been trading for a period of three years;
4.1.2 it has a minimum turnover of 12,000 medical reports per
annum;
4.1.3 it makes use of a minimum of 500 experts nationwide, of
all medical disciplines
4.1.4 it has a minimum of ten clients which are not associated
organisations of it;
4.1.5 it has its registered office or principal place of
business in the United Kingdom;
4.1.6 it has been recommended by at least 3 members of
the following organisations: Motor Accident Solicitors
Society
(MASS), the
Association of Personal Injury Lawyers (APIL), the Forum
of Insurance Lawyers
(FOIL);
4.1.7 it is willing to accept the AMRO Constitution and
to comply with the AMRO Protocol;
4.1.8 It is willing to conduct its business in accordance
with the Civil Procedure Rules and the Personal Injury Protocol
from
time to time adopted.
4.1.9 it is willing to provide a representative to attend a minimum
of one meeting per annum
4.1.10 it acts independently of solicitors and insurers.
4.1.11 it will lodge with the General Secretary
each year audited abbreviated accounts as soon as is practicable
after the relevant
Members end of accounting period. It will also provide to the General
Secretary by 30 April in each year a statement confirming that
the provisions of the AMRO Protocol and Constitution are being
followed.
4.2 In determining whether or not any Eligible Organisation
meets the above conditions the
Management Committee may require such evidence of compliance as
they consider appropriate and where they consider it necessary
shall
consider the spirit and intent of the conditions. In this Constitution
unless the context otherwise requires Member or Member
Organisation refers to any organisation which is for the
time being a member of the Association
4.3 The Management Committee may in their
absolute discretion admit as a Member any Eligible Organisation
which in the opinion of the Management Committee furthers the objects
of the Association notwithstanding that the Eligible Organisation
fails to satisfy any or all of the conditions set out in paragraph
4.1
4.4 Should the circumstances of a Member Organisation at
any time so change that in the opinion of the Management Committee
it would not satisfy the requirements for membership if it were
to apply at that time for membership the Management Committee may
in its absolute discretion suspend or terminate its membership.
The Management Committee may require such evidence of continued
compliance with the requirements of membership as they consider
appropriate and the Members shall lend all such reasonable assistance
to the Management Committee in connection with such purpose.
4.5 Subject to Clause 18 any Eligible Organisation which
wishes to be considered for membership of the Association shall
submit an application to the Honorary Chairman. The application
shall be considered by the Management Committee at the Management
Committees next meeting. Following the receipt of such an
application the Management Committee shall advise members of the
applicants details and indicate whether or not the Management
Committee propose to accept the application before determining
whether
or not to accept such application
4.6 The decision of the Management Committee shall be final
and they shall not be obliged to give any reason for their decision
4.7 Immediately upon being admitted to membership the Member
Organisation shall pay within 14 days its first subscription and
joining fee
5.1 There shall be an Honorary Chairman, Honorary Vice-Chairman
Honorary Treasurer and Honorary Secretary (the Officers)
who shall be appointed by the Members immediately following the
adoption of this Constitution and thereafter shall be elected annually
by the Association at the annual general meeting and who shall
hold
office until the next following annual general meeting when they
shall retire from office. The office of Honorary Chairman shall
not be held for more than two years consecutively. The other elected
Officers shall be eligible for re-election. Candidates for office
must be Officers or employees in a Member Organisation. Any office
other than Honorary Chairman may be held jointly.
5.2 Officers will at all times act in the best interests
of the Association and in particular ( but without thereby limiting
this obligation) shall not use their office or Membership of the
Association to seek to promote the separate interests of their own
organisation
5.3 Members shall bear the costs of their representatives
attending Management Committee Meetings
6.1 The Management Committee shall comprise of the Officers
as appointed by the Members from time to time in accordance with
Clause 5 of the Constitution together with the retiring Honorary
Chairman who has retired from office pursuant to Clause 5 (“the
Retiring Chairman”) and such additional representatives
of the Eligible Organisations as the Members shall determine. The
Retiring Chairman shall only be a member of the Management Committee
until such time as the existing Honorary Chairman retires from office
at which time, such person shall become the Retiring Chairman.
6.2 The Management Committee shall meet as and
when required providing that all the members have been given more
than 48 hours notice of the proposed meeting. Four members of the
Management Committee shall constitute a quorum.
6.3 Each member of the Management Committee shall
be entitled to one vote and the Honorary Chairman or in his absence
the Honorary Vice Chairman, in the case of equality shall have second
or casting votes
7. At every general meeting 4 Members or a majority of all Members
entitled to attend and vote at general meetings shall form a quorum.
Each Member shall have one vote, and except in the cases otherwise
specifically provided for by this Constitution, all questions
shall
be decided by a majority of the Members present and voting whether
in person or by proxy, and the Honorary Chairman or in his absence
the Honorary Vice-Chairman, in case of equality, shall have a second
or casting vote

8.1 The
Association shall in each year hold a general meeting as its annual
general meeting in addition to any other meetings
in that year and shall specify the meeting as such in the notices
calling it. At least 21 clear days notice of every annual
general meeting shall be given
8.2 At the annual general meeting the report of the Management
Committee and the accounts of the previous year shall be considered;
the Officers and other elected Members of the Management Committee
for the following year shall be elected; and such other business
shall be transacted as the Management Committee thinks fit. All
general meetings other than the annual general meeting shall be
called extraordinary general meetings
9.1 The Management Committee may, whenever it thinks fit,
and it shall upon a requisition made in writing by any 3 or more
of the Members or by Members representing not less than one-fifth
of the total voting rights of all Members at the date of the requisition,
whichever shall be the less, convene an extraordinary general meeting
by giving at least 14 days notice
9.2 Any such requisition shall set out the object of the
meeting proposed to be called, and shall be forwarded to the Honorary
Chairman
9.3 On receipt of such requisition the Management Committee
shall proceed to convene an extraordinary general meeting; if the
Management Committee does not proceed to convene the meeting within
21 days from the date of the requisition, the requisitions or any
3 Members may themselves convene such meeting
10.1 The Management Committee may if it deems necessary
appoint an auditor and any such appointment shall be confirmed at
the next following annual general meeting
10.2 The Honorary Treasurer shall keep an account of the
income and expenditure of the Association and of its assets and
liabilities and shall submit such accounts at the annual general
meeting
10.3 The bank account shall be in the name of the Association
and withdrawals shall be made on the signature of the Officers in
accordance with the mandate from time to time agreed by the Management
Committee.
11. Every Member shall pay to the funds of the Association an annual
subscription at such times and according to such scales as shall
from time to time be determined by the Management Committee
12.1 Any Member who does not comply with the provisions
of the Constitution including the AMRO Protocol may forfeit membership
and be struck off the roll of Members by resolution of the Management
Committee
12.2 Any Member who shall not have paid his subscription
or any special levies for three calendar months after the same
shall
have become due may forfeit membership paid and be struck off
the roll of Members by resolution of the Management Committee
12.3 Any Member struck off the roll of Members in accordance
with Clause 12.2 shall be eligible for re-admission on payment
of
all arrears due from the Member
13. The Management Committee may unanimously and for good reason
terminate the membership of any Member PROVIDED THAT the appointed
representative
of the Member Organisation concerned shall have the right to
be heard by the Management Committee before a final decision
is mad
14. Minutes of the proceedings of every general meeting of the
Association and of every meeting of the Management Committee shall
be recorded
in a minute book or books to be kept for that purpose, and be
signed
by the Chairman of that or the next following meeting
15. The Constitution of the Association including the AMRO Protocol
and the AMRO Mission Statement may be amended by the agreement
of
a two-thirds majority of the Members in general meeting subject
to notice of the change having been given to the Members at the
same time as the general meeting is convened. Alternatively, the
Constitution of the Association the AMRO Protocol and the AMRO
Mission
Statement may be amended by the agreement of a two-thirds majority
of the Members in a postal ballot

16. Members of the Association shall be entitled to use on their
stationery any logo adopted by the Association from time to time.
Use of such
logo other than on stationery must have the prior written consent
of the Management Committee

17. All the costs of and incidental to the preparation and execution
of this Constitution and any further documents necessary to carry
it into effect shall be paid out of the subscription monies and
joining fees
18. The first Members of the Association be those who have completed
an application form and whose signatures appear at the bottom
of
this document shall be Founder Members
This Constitution was adopted on the date mentioned above by the
persons whose signatures appear at the bottom of this document
Medico-Legal Reporting
Doctors Chambers Limited
Mobile Doctors Ltd
Micrah Services Ltd
Signed ____________________
Name _____________________
Position ___________________
For Mobile Doctors Limited
Signed ____________________
Name _____________________
Position ___________________
For Personal Injury Medical Services Limited
Signed _____________________
Name ______________________
Position ____________________
For Doctors’ Chambers
Signed _____________________
Name ______________________
Position ____________________
For Micrah Services
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