Causation Clarity – Defense Simulation Service
Effective: 2 March 2026

Causation Clarity is a trading name operated by Raymond Davey (“Service Provider”). All services are provided by Raymond Davey in his individual capacity unless otherwise stated.

These Terms apply to all engagements unless otherwise agreed in writing.

1. Nature of Services

Causation Clarity provides structured analytical review of written materials for litigation professionals. Services consist of adversarial stress-testing of documented causation arguments within defined scope parameters.

The primary service offered is a “Defense Simulation” or “IME Rebuttal Analysis,” which involves structured review of a written defense Independent Medical Examination (IME) report and supporting written records.

The services:

• Do not constitute legal advice
• Do not constitute medical advice
• Do not constitute expert testimony
• Do not constitute regulatory compliance review
• Do not constitute primary factual investigation
• Do not create an attorney–client, expert witness, fiduciary, or advisory relationship

The Client retains sole responsibility for legal strategy, professional judgment, admissibility decisions, and use of the deliverable.

2. Nature of Analytical Work

The deliverable constitutes structured synthesis, adversarial reconstruction, and analytical evaluation of written third-party materials provided by the Client.

The Service Provider:

• Does not independently interpret diagnostic imaging
• Does not diagnose medical conditions
• Does not perform laboratory testing
• Does not conduct subpoena activity
• Does not perform confidential-source investigation

The analysis relies solely on the written materials provided and publicly accessible information patterns relating to litigation risk and evidentiary fragility.

Analytical processes may incorporate structured computational tools and automated systems to assist with organization and synthesis. Such tools do not constitute independent factual verification or professional advice.

Absolute accuracy cannot be guaranteed. Source materials may contain error, omission, or later revision.

3. Scope of Engagement

Each engagement is limited to the specific written IME report and supporting written materials submitted through the defined submission process.

The standard deliverable consists of a 4–8 page structured analytical brief delivered within the stated timeframe.

The service does not include:

• Ongoing advisory relationship
• Monitoring of future developments
• Expert witness services
• Deposition attendance
• Court appearances
• Supplemental analysis beyond defined scope

Any expansion of scope requires separate written agreement.

4. Scope Qualification and Refund Policy

This service is designed for contested medical causation matters involving a written defense IME report.

If a submission is determined, in the Service Provider’s sole discretion, to fall outside the defined scope (including but not limited to absence of a written IME report or absence of contested medical causation), the Client will be notified promptly and any payment remitted will be refunded in full.

No further obligation shall arise in such cases.

5. Fees and Payment

The fixed fee for Defense Simulation is stated at checkout.

Engagement is confirmed upon receipt of the initiation payment specified at checkout.

Work begins upon confirmation of payment.

The remaining balance is due upon draft delivery and must be remitted prior to final release of the deliverable.

One clarification round within scope is included.

Failure to remit final payment may suspend final release of the document.

All fees are exclusive of taxes, transfer charges, or currency conversion costs.

6. Client Responsibilities

The Client is responsible for:

• Conducting conflict checks
• Ensuring submission of appropriate materials
• Redacting privileged or highly sensitive information where required
• Independently verifying factual accuracy
• Determining admissibility and legal sufficiency
• Evaluating and implementing any recommendations

The deliverable is intended to assist professional evaluation, not replace independent confirmation appropriate to the matter.

7. No Warranty

All services are provided “as is.”

No warranty is made regarding:

• Completeness of available information
• Court admissibility
• Litigation outcome
• Summary judgment result
• Expert exclusion
• Settlement value
• Fitness for a particular purpose

Scientific, medical, regulatory, and judicial standards evolve over time. No representation is made that referenced materials remain current or will not later be modified, overturned, or superseded.

Honest error, evolving standards, or later-emerging information do not constitute breach of this agreement.

8. No Guarantee of Outcome

The Client acknowledges that litigation outcomes depend on numerous variables beyond the scope of this service. No representation is made that use of the deliverable will prevent expert exclusion, summary judgment, adverse verdict, or unfavorable settlement.

9. Intellectual Property and Licence

Copyright in all deliverables remains with Raymond Davey.

Upon full payment, the Client receives a non-exclusive licence to use the deliverable internally for the specified matter.

The deliverable:

• May not be resold
• May not be redistributed for reliance by third parties
• May not be published
• May not be submitted as expert testimony
• May not be represented as independent expert opinion

No third party may rely upon the deliverable.

10. Confidentiality

Information provided by the Client will be treated as confidential, subject to applicable law.

Confidentiality does not apply to:

• Information already publicly available
• Information independently obtained
• Information required to be disclosed by law

Documents are retained only for the period reasonably necessary to complete the engagement and administrative obligations, unless otherwise required by law.

11. Limitation of Liability

To the maximum extent permitted by law:

(a) The total aggregate liability of Raymond Davey and Causation Clarity arising out of or in connection with any engagement, whether in contract, tort (including negligence), equity, statute, or otherwise, shall not exceed the total fees actually paid by the Client for the specific engagement giving rise to the claim.

(b) This limitation applies to all claims arising from the same engagement.

(c) No liability shall arise for indirect, consequential, incidental, special, exemplary, or punitive loss, including loss of profit, loss of opportunity, reputational harm, or litigation outcome.

(d) The Client acknowledges that the fee reflects this allocation of risk.

(e) Nothing in these Terms limits liability for fraud or any liability that cannot lawfully be excluded under applicable law.

12. Indemnity

The Client agrees to indemnify and hold harmless Raymond Davey against any claim arising from:

• Unauthorized third-party reliance
• Use of the deliverable beyond defined scope
• Representation of the deliverable as expert testimony

This clause survives termination.

13. Governing Law and Jurisdiction

These Terms and any dispute arising from the engagement are governed by the laws of New Zealand.

The parties submit to the exclusive jurisdiction of the courts of New Zealand, unless otherwise required by mandatory law.

14. Severability

If any provision is found unenforceable, the remainder of these Terms remains in effect.

15. Entire Agreement

These Terms constitute the entire agreement between the parties.

No modification is valid unless agreed in writing.

Changes to These Terms

These Terms may be updated from time to time. The effective date will be updated accordingly. Material changes will be reflected on this page.