Terms Of Business
Section A - Legal Work
1. Working together
2. Tax advice
3. Communication
4. Confidentiality and disclosure
5. joint instructions
6. Limited companies
7. Conlicts of interest
8. Referral arrangements
9. Property transactions
10. Acting for lenders
11. Terninating the retainer
12. Storage of documents
Section B - Money
13. Alternative sources of founding
14. Costs, disburements, and invoicing
15. Money held by the firm
16. Pooled funds
17. Anti-money laundering procedures
The anti-money laundering guidance that UK banks and other financial services firms adhere to is issued by the Joint Money Laundering Steering Group (JMLSG).
The JMLSG does not require banks to routinely identify the beneficial owners of pooled accounts held by law firms as they do with most other accounts on the proviso that this information is available on request.
You agree to us disclosing your details to our bank if it requests information about the beneficial owners of our pooled client account. If further information or documents are required from you to identify the owners of funds held by us, you agree to provide them.
18. Recovering legal costs and disbursements
If a court orders another party to pay some or all of your legal costs and disbursements, you will need to pay these in the first instance. Any amounts then recovered will be repaid to you.
The other person will not be liable to pay the VAT element of costs if you can recover the VAT yourself.
If the other party receives legal aid, no costs are likely to be recovered.
It is possible to claim interest on these amounts from the date of the court order.
You will be responsible for paying the costs and disbursements for the work that we carry out to recover any costs that the court orders should be paid to you.
An unsuccessful client may be ordered to pay the other party’s legal costs and disbursements. This is in addition to our legal costs and disbursements. Arrangements can be made to take out insurance to cover liability for these circumstances. Please discuss this with us if you are interested in this option.
SECTION C - Your rights
19. Complints
We want to resolve any problems with the service provided. It is therefore important that you immediately raise your concerns with us.
If we cannot resolve any such concerns to your satisfaction,you can make a complaint to the Legal Ombudsman.
The Legal Ombudsman investigates complaints about legal services. They expect complaints to be made to them within one year of the date of the act or omission about which you are concerned or within one year of you realising there was a concern. You must also refer your concerns to the Legal Ombudsman within six months of our final response to you.
The Legal Ombudsman may consider complaints made after these deadlines if it is fair and reasonable for them to do so. They may decide not to pursue a complaint if:
(a) there was no significant loss, distress, inconvenience, or detriment;
(b) The size or complexity of the complaint, or your behaviour, results in the complaint requiring a disproportionate use of resources;
(c) There has been undue delay in bringing the complaint.
(d) where you have already accepted a reasonable offer we made.
20. Limitation of liability
No member or employee of our firm will be liable to you for breach of contract or negligence in their personal capacity.
Other than in respect of liability arising from fraud, personal injury, or death, we do not accept liability for claims received more than 12 months from the conclusion of our work or, if not apparent within that time, more than six months after it becomes apparent.
We do not accept liability for any loss or damage caused by negligence, non-performance, or breach of duty to a value above the amount mentioned in the client care information document unless we have made a special arrangement with you at the outset of your matter.
Your statutory rights remain unaffected.
21. Professional indemnity insurance
We have professional indemnity insurance in accordance with statutory requirements. Our professional indemnity insurance cover does not extend to damages or other monetary awards, judgments or negotiated settlements, or claims made or suits brought before an arbitrator, tribunal, or court in any country other than England or Wales.
22. Data protection and General Data Protection Regulation privacy notice
Our use of that information is subject to your instructions, the Data Protection Act 2018, the General Data Protection Regulation, and our duty of confidentiality.
The Data Protection Act 2018 requires us to advise you that your particulars are held in our database, and we may use these details to send you information
that we think might be of interest. If you do not wish to receive that information, please notify our office. We do not make your information available to any other provider of products or services.
If you are an individual, you have the right under the Data Protection Act 2018 to obtain information from us, including a description of the data we hold about you. If you have any queries concerning this, please contact our data protection officer.
Handling your personal data
We confirm the following:
(a) The fee earner handling your matter, their secretary, and any legal assistant within the firm may handle your data.
(b) Your personal data will remain confidential.
(c) Your personal data will be used to carry out an identification check, contact you for the duration of the matter, and ensure that funds are sent or received to facilitate the transaction.
(d) The processing of your personal data is necessary for the legitimate interests pursued by the firm or by a third party, except where such interests are overridden by the interests, rights, and freedoms of an individual requiring additional protection, in particular when the individual about whom data is held is a child.
(e) It may be necessary to provide third parties with your data, such as law firms, search providers, IT service suppliers, and government departments, including HM Revenue & Customs and the Land Registry.
Fair and transparent processing
We confirm the following:
(a) Your personal data will not be retained for any longer than is necessary to fulfil the firm’s statutory obligations.
(b) By signing the retainer documentation, you confirm that the contract between us gives us the right to process your data in relevant and applicable ways.
(c) You have the right to request access to and rectification or erasure of personal data or restriction of processing concerning your personal data.
(d) You have the right to object to processing.
(e) You have the right to data portability.
(f) You have the right to contact the Information Commissioner’s Office about any concerns you may have regarding the processing of your personal data.
By instructing us, you agree to provide personal data and consent to our use of it accordingly.
23. Financial Conduct Authority
We are not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority to carry on insurance distribution activity, which is broadly advising, selling, and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.org.uk/firms/financial-services-register.
We can provide limited services concerning investments, provided they are closely linked with our legal services. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by our regulator.
The Legal Ombudsman also handles complaints independently.
If you are unhappy with any insurance advice you receive from us, you can raise your concerns with those bodies.
If you need advice on investments while we are acting for you, we may refer you to someone who is authorised to provide the necessary guidance.
24. Distance selling – The Consumer Contracts (Information, Cancellation and Additional Chateges) Regulations 2013
You may have the right to cancel this contract within 14 calendar days of the date of the accompanying letter without any reason. This right applies when the costs and instructions are agreed:
(a) by telephone, mail, email, or online. This is called a distance contract;
(b) away from our office, for example, we met with you at home. This is called an off-premises contract.
To exercise your right to cancel, please inform us of your decision in writing. We will acknowledge receipt
in writing. Send your communication before the cancellation period has expired to meet the cancellation deadline.
Your written agreement is needed to commence work within the cancellation period. By signing and returning the client care information document, you provide this written agreement and confirm that we can begin work immediately. If you provide your consent for work to commence within the cancellation period and you later cancel the contract, you will be liable for any costs, VAT and disbursements incurred up to the point of cancellation.
25. Financial Serives Compensation Scheme
We have no expertise about the fitness for purpose or solvency of any bank. We assume that any bank licensed in the jurisdiction in which it operates will be able to honour its obligations. Accordingly, we will have no liability to you in the event that the bank at which the firm’s client account is held becomes insolvent.
You may be eligible for limited compensation from the Financial Services Compensation Scheme (FSCS) in such an event. In the event of our client account holder’s collapse, you consent to us disclosing your details to the FSCS to claim on your behalf.
The £85,000 FSCS limit will apply to each individual client. If you hold personal money in an account with the same bank as our client account, the limit remains
£85,000 in total. Our bank is named in the client care information document so that you know if you also hold money with them.