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The name of the Association is the ASSOCIATION OF MEDICAL REPORTING ORGANISATIONS
(the Association and AMRO)
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)
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 the conduct of medical experts in the context
of legal proceedings in accordance with the duties and responsibilities of expert
witnesses established by Mr Justice Cresswell in the case of Ikarian Reefer [1993]
2 Lloyds Reports QB as set out below:-
(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 experts 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 sides
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;
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 Road Traffic Act Protocol as from time to time adopted
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 is not an organisation nor is it owned or controlled
by any organisation which in the course of its business acts
on behalf of or represents Claimants or Defendants in personal
injury litigation or negotiation.
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 one representative
of each of the Founder Members (who may or may not be an Officer)
together with such additional representatives of the Eligible
Organisations as the Members shall determine
6.2 The Management Committee shall meet at least quarterly
and 4 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 Honorary
Vice-Chairman, in the case of equality shall have second or casting
vote
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.
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
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
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
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

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

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
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
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