8. OUR INVOICES
11. INFORMATION
AND CONFIDENTIALITY
12. CUSTODY,
RETENTION AND TRANSFER OF DOCUMENTS
13. INTELLECTUAL
PROPERTY RIGHTS
24. LAW & JURISDICTION
26. DISCLAIMERS
27. DATA PROTECTION
28. PROVISIONS
RELATING TO LITIGATION AND OTHER WORK IN RELATION TO DISPUTES
29. REGULATIONS
AFFECTING YOUR CANCELLATION RIGHTS
31. FINANCIAL
SERVICES COMPENSATION SCHEME
33. CONSUMER
PROTECTION REGULATIONS (CPR)
34. HELP
TO BUY ISA SCHEME INFORMATION
35. CRIMINAL
FINANCES ACT 2017
Extent
These Terms of Business issued by BBH Legal
Services Limited ("the Firm"), as supplemented
and/or amended by any relevant Engagement Letter;
apply to each Matter we work on for you.
Variation
Defined
Terms:
In these Terms of
Business:
|
"the Firm" |
the Firm means BBH Legal Services Limited and any successor practice and any service company
owned or controlled by or on behalf of the Firm or any of the Directors or
Partners. BBH Legal Services Limited is a limited company registered in
England & Wales under number 04092584 and regulated by the Solicitors
Regulation Authority. A list of the
Directors is available for inspection at the registered office. BBH Legal Services Limited's registered office is
at The Hythe, 2nd Floor, Tower Road, Birkenhead, CH41 1AA Telephone number: 0151 326 2340 Email: info@bbhlegal.co.uk; |
|
"Associated Entities" |
means (where you are a body corporate) your
shareholders, directors (as individuals not acting together as the Board),
officers and employees, subsidiaries, parent companies, and subsidiaries of
parent companies, and (where you are a trade association) your individual
members; |
|
"Credit Period" |
means the period of seven (7) days from the date
of our invoice for our fees and/or expenses; |
|
"Documents" |
means Documents Held for You, Our Documents and
Your Documents; |
|
"Documents Held for You" |
means documents we create or receive on your
behalf (including communications from or with third parties, notes of
conversations and meetings, draft and final documents, and instructions to
and opinions of barristers); |
|
"Engagement Letter" |
means, in relation to any Matter, the letter (or
other agreement) recording the basis of our engagement; |
|
"Force Majeure" |
means any circumstance beyond the reasonable
control of the party affected by it and includes telecommunications failure,
power supply failure, terrorism, fuel strikes, severe weather, computer
breakdown, failure of suppliers to meet delivery requirements, industrial
disputes and absence of personnel due to illness or injury; |
|
"Matter" |
means any specific transaction, dispute or issue
in relation to which you ask us to provide Services whether it has been
defined in an Engagement Letter or other agreement; |
|
"Our Documents" |
means documents (other than Documents Held for
You) which we create or receive for our benefit (including copies of our
letters to you, your letters to us, notes of telephone conversations and
meetings with you for which we have not charged you, and our preliminary
drafts, research materials and internal notes); |
|
"Director" |
means a director of the Firm; |
|
"Services" |
means all services we provide to you in relation
to the relevant Matter; |
|
"We", "us", and "our" |
means or refers to the Firm; |
|
"You" |
includes the addressee of the relevant Engagement
Letter and any other person identified in the Engagement Letter as our client
and "your" shall have a cognate meaning; and |
|
"Your Documents" |
means documents which you give or lend to us to
enable us to provide Services. |
No variation of these Terms shall be effective,
unless it is in writing and is signed by one of
our Directors.
In these Terms of Business:
Our
Authority
You fully give us full authority to act for you
when necessary or desirable to provide the Services.
We may engage barristers and other third parties
and otherwise incur on your behalf
reasonable expenses of a type which it is necessary
or desirable to incur in relation to the Services
in question.
If we so require, you will contract directly with
any third party so engaged by us and assume direct
responsibility to them for the payment of their
fees and expenses.
Our
Services
The Director at the Firm named in any Engagement
Letter as the "Supervising Director" will be the Director primarily responsible
for the provision of our Services. That Director has complete discretion to
deploy such of our lawyers, trainee lawyers, paralegals or other staff as
she/he deems necessary or desirable to ensure appropriate delivery of the
Services.
We only advise on the Laws of England and Wales. If
you require advice on the laws of other jurisdictions, we will, with your
agreement, instruct lawyers practising those laws to give such advice, on the
same basis as we engage other third parties on your behalf.
You will (so far as you are practicably able to do
so):
provide us with timely instructions, information
and materials necessary or desirable for us to perform the Services for you;
notify us promptly of any changes or additions to
instructions, information and materials previously provided by you or on your
behalf; and
ensure that all information provided to us is
complete in all material respects and not misleading.
We set out below our complaints handling procedure
(see section headed 'Dispute Resolution').
Thankfully, this has rarely been of interest to our clients, but we take
this opportunity to ensure that you are fully acquainted with it.
Code
We
want you to be happy with every aspect of our Service. We therefore operate a Client Care Code, the
principles of which are as set out below:
We are committed wholeheartedly to the professional
standards laid down by the Solicitors Regulation Authority.
You will be told clearly at the outset the issues
and how we advise they be dealt with, and the immediate steps we will take on
your behalf.
The Engagement Letter (supplemental to this Terms
of Business) notifies you of the following details:
the name of the person or persons who is/are
dealing on a day to day basis with your matter; and
the name of the Supervising Director;
You will be told the name of the new case-handler
if the matter is transferred from one case-handler to another.
We cannot guarantee that the case-handler or
Supervising Director will be available on demand, but we will do our best to
get back to you promptly and efficiently.
You will be informed of the progress of your matter
and the reason for any serious delay.
If you do not understand anything, please always
ask. Please quote our reference on
all communications.We will explain any
important document; if you still are unclear as to the position, please say
so. We want you to be fully informed and
happy; you pay to leave the problem with us to solve.
Never be afraid to ask for an appointment to
discuss your case. Since time is money,
do not be afraid to bring a written list of questions and note the
answers. This can also be helpful when
telephoning so you do not forget any point.
There may be certain preparatory tasks that you
ought to consider carrying out yourself to save costs. An example is putting the papers in order and
flagging material items. This is helpful
to us and quickens your case by saving the time we would otherwise spend.
At the end you will be sent a letter confirming the
matter has been completed and, where necessary, summarising any continuing
consequences.
If in doubt, ask.
If you are still unclear or disagree, you can ask for us to confirm it
by letter and you can then write with your comments.
It is the Firm's policy NOT to accept cash payments
from clients unless in exceptional circumstances.Please
discuss directly with your case-handler if you are not able to pay the balance
of the fees / disbursements via your bank account. If you try to avoid this policy by depositing
cash directly with our bank, we may decide to charge you for any additional
checks we decide are necessary to prove the source of the funds. Where we must
pay money to you, it will be paid by bank transfer. It will not be paid in cash
or to a third party.
COMPLAINTS PROCEDURE
We hope that you will not have any reason to make a
complaint about our Services. To
underline how seriously we take complaints, we have a set Complaints
Procedure. Please refer to the section
of these Terms of Business entitled "Dispute Resolution".
The normal hours of opening at our offices are
between 9.00 a.m. and 5:00 p.m. on weekdays.
Messages can be left on the answerphone outside those hours and
appointments can be arranged at other times when this is essential.
Your introduction to this firm may have come via an Introducer. Under the Solicitors Code of Conduct 2011
published by the Solicitors Regulation Authority, we have drawn your attention
to the fact that we have a commercial relationship with the Introducer in the
Engagement Letter. You have been quoted the total cost of our legal fees.
Included in this cost is any payment which we the Firm will make to the
Introducer, on completion of your matter from
our own funds. This cost is a standard authorised charge that a law firm may
make to attract business. Any advice that we give will be independent and you
are free to raise questions on all aspects of the transaction. If a matter
arises where we are acting for the Introducer as well and a conflict of
interest arises we might be obliged to cease acting.
General
Wherever possible, we operate on a fixed fee
basis. However, for non-residential
transactions or if the exact nature and extent of the work is not clear at the
outset, it may not be possible to accurately predict a fixed fee. Our professional rules indicate that we must
give you clear information about costs.
This will be included in our initial engagement letter. If you have not received this, please let us
know. This may also be the case where
the work turns out to be complex or if you require the transaction to be
expedited outside of our usual procedures. In any of these circumstances, we
shall give you the best indication we can as to our charging rates and how they
are to be calculated. We are always
prepared to discuss a ceiling figure with you and not to exceed it without your
agreement.
Please remember:
(i) Our legal costs are quoted exclusive
of VAT and disbursements, which we will separately itemise.
(ii) Unless
we have agreed something else with you in writing, we shall require payment of
all legal costs and any disbursements before completion of your
transaction. Solicitors must pay out
various other expenses on behalf of clients ranging from Land Registry or
Probate fees and so on. We have no
obligation to make such payments unless you have provided us with funds for
that purpose. We refer to such payments
generally as "disbursements". We shall
require a payment in advance from you in respect of any search fees payable on
your transactions.
Unless otherwise agreed in the Engagement Letter,
our fees will be calculated principally by reference to the time spent by us in
providing the Services at the fixed hourly rates applicable to the relevant
staff.
We may, in accordance with professional guidelines,
also charge a premium (where reasonable to do so) to take account of the
nature, responsibility, complexity, value and urgency of the Services and other
criteria specified in those guidelines.
The fixed hourly rates of each of our Directors,
Solicitors, Trainee Solicitors, Case Handlers, paralegals and other staff are
reviewed from time to time and we will inform you of any variation in these
rates and the date upon which they take effect.
You will be responsible for paying the expenses we
incur during providing the Services (including travel and subsistence expenses,
search and filing fees, court fees and barristers', foreign lawyers' and other
third parties' fees and expenses). We
have no obligation to pay for such expenses unless you have provided us with
the funds for that purpose.
VAT will be charged at the appropriate rate on all
fees and expenses.
Limited
Companies
When accepting instructions to act on behalf of a
limited company, we may require a Director and/or
Controlling Shareholder to sign a form of personal guarantee in respect of our
fees and expenses. If such request is
refused, we will be entitled to stop acting and require immediate payment of
our fees on a time spent basis and expenses as set out above.
Payments
on Account
We may require you to make a payment to us because
of our fees and expenses at any time and on more than one occasion. Money paid
on account which is not subsequently required for fees and expenses will be
returned promptly.
We are not obliged to credit payments on account
against interim invoices but may do so if you fail to make prompt payment.
Quotations
and Estimates
The provision of figures (orally or in writing)
from time to time for the likely cost of a piece of work is an estimate only
and does not constitute a contract to carry out the work at that cost.
The provision of a written quotation for work
constitutes an offer to carry out the work at that cost and does not become a
contract until you accept the quotation or a defined part of it.
Unless stated in writing to the contrary, any
quotation or estimate does not include any expenses or VAT.
Where we carry out work which falls outside the
scope of an accepted quotation (or of an estimate which is subsequently
incorporated into a contract between us) we may charge fees at our fixed hourly
rates, in addition to the quoted or estimated fee. We may also charge
additional fees on the same basis for work within the scope of such a quotation
or estimate which is made more time consuming, onerous or urgent because of:
circumstances or information which we did not know
or could not reasonably have anticipated at the time of the quotation or
estimate (whether you were aware of them/it); or
your, or your agents', act or omission.
Commissions
If we receive a commission from a third party
arising from work we are doing for you, we will credit you with the commission
unless you have agreed otherwise, or the amount is less than twenty pounds
(£20) (excluding VAT).
Bank
Transfer Charge
We describe our Bank Charges as a legal fee not as
a disbursement. The reason for this is
that we have professional and administration charges associated with the
Telegraphic Transfer. The Transfer of
monies is undertaken by our office on behalf of the Bank. The Bank accordingly reduce their charge for
the transfer, but we have administration and IT charges which we must
cover. The legal fees for the transfer
are detailed in the original quotation and will subsequently be itemised in the
completion statement.
Frequency
of Invoices
Unless otherwise agreed in the Engagement Letter,
we will be entitled to invoice you in respect of our fees and expenses monthly
and on completion of each Matter. At the end of our financial year we shall be entitled to bring up to date our invoicing
in respect of all your then unbilled work.
Unless otherwise stated, monthly or other interim
invoices are a final account of our fees for all work done during the period to
which they relate. You agree that we may bring proceedings on interim invoices
which are not final bills where we have provided Services
and the amount of the invoice does not exceed the cost of the Services provided
at the applicable fixed hourly rates.
There may be a delay in invoicing expenses incurred
on your behalf pending our receipt of the relevant invoices from
suppliers. Unless otherwise stated, such
invoices are not a final invoice in relation to such expenses.
You may pay by directly into our client
account. Please contact us directly for
our client bank account details.
In property transactions we will normally send you
our statement or bill following the exchange of contracts. On a purchase transaction, payment is
required prior to completion. On a sale
transaction, funds will usually be required on the day of completion. If enough funds are available on completion,
and we have sent you a statement or bill, we will deduct our charges and
expenses from the funds. Payment is due
to us upon receipt by you of our statement or bill.
We reserve the right to charge interest daily at 4%
over National Westminster Bank plc's base rate from time to time from the date
of the statement or bill. Any debts that must be chased will incur a handling
charge of £50 plus VAT.
If you do not pay any bill or statement, or the sum
we have requested on account within seven (7) days (or such longer period as we
may specify) of our demand, we may suspend or terminate the provision of all or
any Services (and instruct any third parties engaged by us to suspend the
provision of their services) and may invoice you for all accrued fees and
expenses.
Third
Party Payments
In some circumstances, you may have a right of
recovery or indemnity against a third party in respect of all or part of our
invoices, but we are not permitted to issue a VAT invoice to any person other
than you in any circumstances, and you remain liable to us to pay our invoices
notwithstanding such a right.
Right
to Retain Money, Documents and Property
As a contractual right, in addition to any right to
retain money, Documents and property available to us under the general law
(lien), we have the right to retain your money, Documents and property (whether
held in relation to the Services for which payment has not been made or any
other Services) until you have paid us in full.
VAT
BBH
Legal Services Limited is registered for VAT purposes with VAT Registration
Number 787228683.
POLICY ON CLIENT ACCOUNT INTEREST
When interest must be paid?
When we hold money in client account on behalf of
the client then we are liable to pay the client any interest earned. There are some exceptions to this rule.
These exceptions are: -
the amount calculated is below £20
the money has not earned any interest whilst in
client account.
if the amount we hold does not exceed the amount in
the left-hand column as below for a time not exceeding the period in the
right-hand column as below:
Amount Time
£1,000 8
weeks
£2,000 4
weeks
£10,000 2
weeks
£20,000 1
week
If we hold over £20,000 for less than a week we should calculate the interest and if it amounts to
more than £20 it should be paid to the client
Any money we hold in a separate designated deposit
account belongs to the client, so all interest earned must be sent to the
client regardless of the time held or the amount.
What rate of interest?
There are no set interest rates of what rate the
firm should pay. However, it is the
policy of the Firm to pay interest at the National Westminster Bank plc client
deposit account rate.
The rate cannot be paid out at a rate less than the
client would receive if the monies were placed in a separate designated deposit
account.
Timings
of Payment
The
interest earned on any balances is calculated and paid across on the conclusion
of a matter.
Definition
"Conflict of Interest" means any situation where: -
we owe (or, if we accepted your instructions, would
owe) separate duties to act in the best interests of two or more clients in
relation to the same or a related matter and those duties conflict, or there is
a significant risk that those duties may conflict; or
our duty to act in your best interests in relation
to a matter conflicts, or there is a significant risk that it may conflict,
with our own interests in relation to that or a related matter; or
we have confidential information in relation to a
client or former client, and you wish to instruct us on a matter where: -
that information might reasonably be expected to be
material; and
you have an interest adverse to our other client or
former client, and for the purposes of this paragraph "you" does not include
Associated Entities.
Similar
Activities
We may act for parties engaged in activities like
or competitive with yours.
Once we have agreed to act for you in relation to a
Matter, we will not act for a third party in relation to the same Matter if
there is a Conflict of Interest between that third party's interests and your
interests.
Instructions
Creating a Conflict of Interest
We may decline to act for you where accepting your
instructions would create a Conflict of Interest or cause us to break an
existing agreement with a third party.
Where our professional rules allow, and subject to
satisfying the requirements of those rules (for example by implementing an
information barrier), we may act for you and another client where a Conflict of
Interest would otherwise exist, if we have the consent of both parties. We do
not require your consent to act against an Associated Entity.
Cessation of Services
If, whether through a change in circumstances or
otherwise, we find that we have agreed to provide Services to you in
circumstances which give, or could give, rise to a conflict of interest we will
discuss with you how to deal with the conflict and may be obliged to stop
providing Services to you and/or to all other clients affected by the Conflict
of Interest.
INFORMATION AND CONFIDENTIALITY
Information
About You
We may use the information which you provide, or
which we obtain through our dealings with you, or others for the provision of
Services to fulfil our contractual obligations to you or the legitimate
interests of you, ourselves and others.
We may give it on a confidential basis to our Directors,
employees and agents. We may use it to administer your account with us,
including tracing and collecting any debts.
Further information is provided within our Privacy Policy / Statement a
copy of which can be made available on request.
We may also use it to ensure legitimate interests
in the safety and security of our premises (where we may also use CCTV); for
fraud prevention purposes (including verification checks for our money
laundering obligations); to assess client satisfaction (such as by asking you
to participate in surveys); and to help improve our services generally.
Individuals
and unincorporated organisations
We may store information about you, your matter or
any other documents and correspondence relating to your file(s) using
cloud-based technology. Again, we believe we have a legitimate interest in
acting in this way and take every possible precaution to protect your personal
information. If you do not wish for your
file(s) or other information to be stored in this way, please inform us in
writing before we commence work on your matter
Corporate
Entities
In accordance with the Privacy and Electronic
Communications Regulations we may use your data to contact you by e-mail, text,
fax or telephone about our services and about events such as seminars and
conferences and to send you briefings and similar material. If you do not wish
to be contacted, please inform us in writing.
Sometimes we ask other companies or people to do
typing/photocopying/other administration duties on our files to ensure this is
done promptly. We believe we have a legitimate interest in doing this. We will always seek a confidentiality
agreement with these outsourced providers. If you do not want your file to be
outsourced, please tell us as soon as possible.
We may store information about You, Your Matter or
any other Documents and correspondence relating to Your file(s) using
cloud-based technology. Again, we believe we have a legitimate interest in
acting in this way and take every possible precaution to protect your personal
information. If you do not wish for your
file(s) or other information to be stored in this way, please inform Us in
writing before we commence work on Your Matter.
Our
Duty of Confidentiality
Please also refer to our Privacy Policy / Statement
when reading this section. We will treat any information which is confidential
to you and which we obtain because of acting for you as strictly confidential,
save: -
for acting for you; or
for legitimate interest disclosures to our auditors
or other advisers or for the purposes of our professional indemnity insurance;
or
as otherwise required by law or other regulatory
authority to which we are subject.
If You do not wish to disclose Your Details or your
file to be released, You must notify Us in writing and
discuss this with us when signing and returning a copy of the 'Commence Work
Now' document. We may be unable to act for you in such circumstances.
We may refer publicly to your name as a client of
ours, which we believe is a legitimate interest in collecting and promoting
client feedback provided we do not disclose any information which is
confidential to you.
We shall be under no duty to disclose to you (or
consider in the course of providing the Services) any
information acquired by us in acting for any other client or any information in
respect of which we owe a duty of confidentiality to a third party.
Your
Duty of Confidentiality
Our advice and other communications with you are
confidential and may not, without our consent, be disclosed by you to any third
party (other than to your employees and agents who require access and who do
not disclose it further) or otherwise made public except as required by law or
other regulatory authority to which you are subject.
If, because of our acting for you, you acquire any
information in respect of which we notify you that we owe a duty of
confidentiality to a third party you will keep it confidential and not use it
without our consent.
CUSTODY, RETENTION AND TRANSFER OF DOCUMENTS
We will, at your request, either during the
provision or after completion of any Services, release to you or to your order
Your Documents and Documents Held For You, provided that we are not at the time
exercising our right to retain documents pending payment of outstanding fees
and expenses or are prevented by any court order, undertaking or other legal
constraint from doing so. We may copy all Your Documents and Documents Held for
You before releasing them, including any electronic correspondence submitted by
You.
We may at any time scan, microfilm, or otherwise
make electronic copies or images of any Documents, including electronic
Documents or correspondence e.g. emails (other than Documents held in safe
custody), destroy the originals and thereafter hold the Documents only in such
copy or image form. Unless expressly agreed otherwise in writing we will keep
all Documents whether in original, copy or imaged Form for a minimum of six (6)
years, but see Table below, after which we may destroy them and any copies or images
of them. Our Privacy Policy / Statement
has more information on our retention periods.
We may agree to store title deeds, wills and other
especially valuable documents in safe custody for you if you require and, if we
do, we will not, without your consent, destroy any such documents.
We do not accept responsibility for the loss or
damage of any item which we hold on your behalf unless
we expressly agree in writing to the contrary.
After
completing the work, we are entitled to keep all your papers and documents
while there is money owing to us for our charges and expenses. If we retrieve
papers or documents from storage in relation to continuing or new instructions
to act in connection with your affairs, we will not normally charge for such
retrieval. However, we may make a charge
based on time spent for producing stored papers or documents to you or another
at your request. We may also charge for
reading, correspondence or other work necessary to comply with your
instructions. We shall keep your file
of papers for the period outlined below except those papers you ask to be
returned to you. We keep files on the
understanding that we can destroy them after the date below. We shall not destroy documents you ask us to
deposit in safe custody.
Your
file will be stored in accordance with the table below:
|
Work Area |
Physical Files |
Electronic Files |
|
Wills/LPA |
Destroy on 130th anniversary of date of closure |
Data put beyond use 16th anniversary of date of closure. |
|
Probate and Administration of Estates/CoP |
Destroy on 16th anniversary of date of closure |
Data put beyond use 16th anniversary of date of closure. |
|
Conveyancing |
Destroy on 7th anniversary of date of closure |
Data put beyond use 16th anniversary of date of closure. |
|
Free Legal Advice |
Destroy on 7th anniversary of date of closure. Separate
files must be used. |
Data put beyond use 16th anniversary of date of closure. |
INTELLECTUAL PROPERTY RIGHTS
Copyright
We retain copyright and all other intellectual
property rights in all documents and other works we develop or generate for you
in providing the Services (including know-how and working materials as well as
final documents). We now grant you a non-exclusive, non-transferable,
non-sublicensable licence to use such documents or other works solely for the
Matter to which the Services of developing or generating them relate and not
otherwise. If you do not pay us in full for our Services in relation to that Matter
we may, on giving you notice, revoke that licence and only re-grant it to you
once full payment has been made.
Opinions
from Barristers and other Third Parties
We may retain, for our subsequent use, a copy of
the advice or opinion of any barrister or other third party given in written
form (or any note of any advice or opinion) obtained during providing the
Services. Any barrister or other third party will be instructed on the basis
that any such advice or opinion will be so retained.
If we retain a copy of any advice or opinion in
this manner we will take all reasonable steps to
conceal information (such as names, addresses or descriptions) which might
reasonably enable you to be identified.
Where we agree to work on a Matter for more than
one client jointly, the rights and obligations of the joint clients to us in
relation to the Services will be several (save for obligations to pay money to
us, which will be joint and several).
Each joint client irrevocably permits us to
disclose to any other of the joint clients at any time any information which we
would otherwise be prohibited from so disclosing by our duty of
confidentiality. If any joint client ends this permission during the provision
of the relevant Services, or if a conflict of interest otherwise arises between
joint clients, we may suspend or terminate the provision of Services related to
that Matter to one or more of the joint clients.
If any joint client asks us to transfer documents we will deliver Your Documents to, or to the order
of, the joint client who delivered them to us. We will retain any Documents
Held for You and will supply copies to each joint client, making the originals
available at one of our offices for inspection by any joint client on
reasonable prior written notice.
Neither You nor We shall be liable for any failure
to perform, or delay in performing, any obligations (other than payment and
indemnity obligations) if and to the extent that the failure or delay is caused
by Force Majeure and the time for performance of the obligation, the
performance of which is affected by Force Majeure, shall be extended
accordingly.
LIABILITY
Duty
of Care
We will use reasonable skill and care in the
provision of the Services. Where we make an assessment for you, either
expressly or by implication, of the likely level of risk associated with
different potential courses of action, you accept that such assessment is made
relying only upon the information and documents then available to us and
cannot, therefore, be definitive.
Accordingly, such an assessment should only be used
as one element in the making of any practical or commercial decision. You
accept that the magnitude or acceptability of a risk is a matter for you.
The aggregate liability of the Firm (or of any
service company owned or controlled by or on behalf of any of the Directors)
and of all Directors, consultants to and employees and agents of the Firm and
any service company owned or controlled by or on behalf of any of the Firm or
the Directors in any circumstances whatsoever, whether in contract, tort, under
statute or otherwise, and howsoever caused (including but not limited to our
negligence or non-performance), for loss or damage arising from or in connection
with the Services provided shall, in relation to each Matter, be limited to the
sum, unless otherwise agreed, of Three million pounds (£3,000,000)
Third
Parties
The Services are provided to and for the benefit of
you as our client and you alone. No other person may
use or rely upon the Services nor derive any rights or benefits from them. The
provisions of the Contracts (Rights of Third Parties) Act 1999 are to that
extent excluded.
The Firm alone will provide the Services and you
agree that you will not bring any claim whether in contract, tort, under
statute or otherwise against any Director, or any consultant to, or employee or
agent of the Firm or any service company owned or controlled by or on behalf of
any of the Directors and those Directors, consultants, employees and agents
shall be entitled to rely on the terms of this agreement insofar as they limit
their liability.
Drafts
Where we provide draft or provisional advice or
other materials, that advice or those materials are not to be relied upon as
constituting our final view.
Current
Law
The Services are provided in accordance with
professional practice requirements and the proper interpretation of the law, as
each exists on the date on which the relevant Service is provided. If there is
any change in such requirements or the law, or their interpretation, after the
relevant Matter has been concluded (or before that time but which could not
reasonably be known by us at that time), we have no responsibility to notify
you of, or of the consequences of, the change.
Communication
We shall communicate with you at the postal and
email addresses and the telephone and fax numbers which you publish unless you
ask us to use other addresses and numbers. You will notify us if you regard any
communications from us as particularly confidential and how you require us to
make such communications and we shall have no
liability to you arising out of your failure so to notify us.
Subject to any notification you may make to us
under the previous paragraph, we shall not be required to encrypt,
password-protect or digitally sign any email, or attachment, sent by us. We
shall not be responsible for any loss or damage arising from the unauthorised
interception, re-direction, copying or reading of e-mails, including any
attachments. We shall not be responsible for the effect on any hardware or
software (or any loss or damage arising from any such effect) of any e-mails or
attachment which may be transmitted by us (save to the extent caused by our
negligence or wilful default).
Deadlines
We will try to meet any deadline we agree with you
for the performance of any Services but, unless we agree otherwise in writing
in relation to any time, date or period for delivery or performance by us, time
shall not be of the essence
Exchange Rate Risk
The firm is not liable for exchange rate
differences when making payments to a beneficiary from one currency to another.
If you accept or have accepted any express
exclusion and/or limitation of liability from any of your other professional
advisers, our total liability to you arising out of the Services will not
exceed the net aggregate of the amount for which we would otherwise have been
liable after deducting any amount which we would have been entitled to recover
from such adviser as a matter of law whether pursuant to statute or otherwise,
but are prevented from doing so as a result of any such exclusion and/or limitation
of liability.
We shall not be liable for:
any loss, damage, cost or expense arising from any
breach by you of your agreement with us or any act or omission of any other
person; or
any advice or document subject to the laws of a
jurisdiction outside England and Wales; or
any advice or opinion given to you by any third
party (whether nominated or recommended by us).
We shall not be liable for any indirect loss or
damage or any loss of profit, income, production or accruals arising in any
circumstances whatsoever, whether in contract, tort, under statute or
otherwise, and howsoever caused (including but not limited to our negligence or
non-performance).
Nothing in this agreement exempts us from liability
arising from our fraud or reckless disregard of our professional obligations;
or from our negligence resulting in death or personal injury; or where, in the
case of a contentious business agreement, law or regulation prohibits the
exclusion of such liability.
Completion
of Services
An agreement between you and us for the provision
of defined Services ends on the completion of the provision of those Services.
An open-ended agreement for the provision of Services ends three (3) months
after the last date on which we provided Services to you. Unless new or
different terms are agreed, our acceptance of instructions to perform Services
for you after the ending of any agreement gives rise, from the time of
acceptance of the instructions, to a new agreement on these terms. If we
provide you free of charge with any seminar, information, or other document
after the ending of an agreement, such provision does not give rise to a new
agreement.
Early
Termination
Either you or we may terminate the provision of all
or any of the relevant Services at any time by giving written notice to the
other. We will not do this without good and substantial reason, such as:
the threat or risk of violence, injury or other
danger to the physical, psychological or moral well-being of any of our
personnel; or
the discovery or creation of a Conflict of
Interest; or
your requesting us to break the law or any professional
requirement; or
the relationship of trust and confidence necessary
between solicitor and client ceasing to exist between us; or
your failure to pay to us any amount due, or money
on account requested; or
your insolvency; or
your failure to give us adequate instructions; or
our being forbidden to act by the National Crime
Agency; or
our reasonable belief that our continuing to
represent you may cause damage to the professional or personal reputation of
our firm or any of its personnel; or
any other breach by you of these terms.
We genuinely hope that your Matter will be
successful. However, transactions from time to time can fall through for
various reasons. Whatever the reason for
this, it is important to know prior to the transaction how much an unsuccessful
transaction would cost you.
In the event the transaction does not proceed to
completion we may charge you for work carried out up to that point. The bulk of the work done on your Matter will
be carried out prior to exchange of contracts, on average, 80%. To give you certainty as to the amount
chargeable for an abortive Matter we will charge a proportionate charge of the
agreed fees as follows:
For setting up the file and sending the initial
documentation to you 15%
For checking title and preparing reports/contract
for sending to you 20%
For reading title documents and dealing with
enquiries 15%
For raising searches (purchases only) 10%
For checking search results (purchases only) 10%
For dealing with Mortgage Offers or Redemption
Statements 10%
If we exchange contracts on your behalf, but you do
not proceed to completion, our full fee will become due. In addition, on a purchase, you will be
liable for any fees incurred in connection with any notice received from the
seller requiring you to complete. If we have to write to you remind you to pay our abortive fees,
then each letter will incur a charge of £30 plus VAT.
On early termination, by either you or us, you will
remain liable to pay all fees and expenses incurred before termination and due
under our contract or due based on the time spent at our usual hourly rates,
whichever is the less, together with any further fees and expenses for work
necessary to transfer our files to another adviser of your choice. All our
rights set out in these terms shall continue to apply even if we terminate the
agreement.
Money
Laundering Regulations / The Proceeds of Crime Act 2002
In accordance with the requirements of the Data
Protection Act and the Money Laundering Regulations, we confirm:
BBH Legal Services Limited is the data controller;
Simon Wilson, Managing Director, is the nominated
representative / data protection officer; and
We will only process any documentation or personal
data received from you in respect of client due diligence for the purposes of
preventing money laundering and terrorist financing unless (a) use of that data
is permitted by or under any enactment or (b) you give your express consent for
the documentation or personal data to be used for other forms of processing.
We are required to comply with the Money Laundering
regulations and to verify the identity and permanent address of all new
Clients. This is to ensure that the
policy adopted worldwide by Financial and Government Authorities to prevent the
use of laundering systems to disguise the proceeds of crime is achieved.
If you are a new client or an existing client who
has not previously supplied information, you are requested to supply both of
the following; one item from List A and two items from List B (please note we
require certified copies if
you are sending these by post or if you are bringing in the original documents
to our offices - we will make certified copies here)
|
(Proof of Identity): |
Current
fully signed Passport Current
full UK Photocard Driving Licence. |
|
LIST B (Address Verification): |
Bank Statement
Utility Bill (but not a Mobile 'phone bill) Council Tax Bill (dated within that year) Mortgage Statement (dated within the last 12
months) Credit Card statement Official Government/Agency correspondence e.g.
letter from the Inland Revenue, driving license or NHS Medical card, etc.
|
|
|
|
As advised above It is necessary for us to carry
out identification/address checks on all clients to comply with the Money
Laundering regulations. We have now been able to arrange on-line identification
checks which will speed up our service. The result can be obtained in
minutes. We may use this service if
appropriate. To carry out this identification check we do need the information
requested in our Questionnaire supplied with our Engagement letter. If the
result cannot be confirmed it may be necessary in isolated cases to request
other forms of identification.
Body Corporate:
If you are a new or existing body corporate client
not listed on a regulated market who has not previously supplied information,
we will require the following:
Company / organisation full name;
Company or other registration number;
Registered address and, if different, principal
place of business address;
Articles of association or other governing documents;
Names of the Board of Directors or members of your
management body and its senior management;
Documentation in accordance with lists A and B
above for the officer of the corporate body giving us the instructions on
behalf of the client together with written confirmation from that corporate
body that the officer is authorised to act on its behalf.
Written confirmation of any individual who controls
the management board of the corporate body or who owns or controls more than
25% of its share or voting rights
Under the provisions of the Proceeds of Crime Act
2002 ("POCA"), we may be required to make a report to the relevant
authorities if at any time we become aware of or suspect (whether from you or
any other person) the existence of the proceeds of crime in relation to any
Services on which we are engaged. Our obligation to make such a report will, in
certain circumstances, override our duty of solicitor/client confidentiality
and we may not be permitted to inform you whether we have made, or might intend
to make, such a report.
We may terminate the provision of any Services to
you or be instructed to do so by the relevant authorities, if you fail to
comply with your obligation to provide evidence of identity or we suspect that
you or any other party connected with you or with the Matter is involved in
activities proscribed by POCA.
The anti money laundering
guidance which UK banks and other finance services firms must adhere to is
issued by the Joint Money Laundering Steering Group ("JMLSG"). The
JMLSG considers all clients with funds deposited in a law firm's pooled client
account to be beneficial owners of that account. The JMLSG does not require
banks to routinely identify the beneficial owners of law firm's pooled
accounts, as they do with most other accounts they issue. Pooled client
accounts are granted this exemption on the proviso that this information is
available upon request. In the event of Our bank requesting information about
the beneficial owners of Our pooled client account, You
agree to Us disclosing Your details to them.
Source
of funds
At the start of any matter
we will ask you to complete the enclosed Source of Funds Declaration Form,
which tells us the source of any funds you will be using. It is simplest for us if the source is an
account in your name, in a UK bank or Building Society. If the source is an unusual one, such as an
account in another country or, in the name of someone other than you, please
complete this section on the enclosed form letting us know as early as possible
including the reason.
Destination
of funds/payment instruction (if applicable)
Where we are to pay money out to you, we shall
normally do so into an account in your name.
If, instead, you want us to pay surplus money out into the name of
someone other than yourself, please tell us as early as possible, including the
reason.
Severability
Each of these terms shall be severable and distinct
from the others and if any term is held to be illegal, invalid or
unenforceable, in whole or in part, the remaining terms shall not be affected.
Equal
Treatment / Equality and Diversity
Consistent with our internal policies and
procedures, we will not discriminate in the way we provide our Services on the
grounds of age, disability, gender re-assignment, marriage and civil
partnerships, pregnancy and maternity, race (including colour, nationality
[including citizenship] ethnic or national origins), religion or belief, sex,
sexual orientation.
Financial
Services
If during the matter upon which we are advising
you, you need advice on investments, we may have to refer you to someone who is
authorized by the Financial Conduct Authority, as we are not. However, as we
are regulated by the Solicitors Regulation Authority, we may be able to provide
certain limited investment services where these are closely linked to the legal
work we are doing for you.
If you have any problem with the services we have
provided for you, then please let us know. We will try to resolve any problem
between ourselves. If for any reason we
are unable to resolve the problem between us, then we are regulated by the
Solicitors Regulation Authority and complaints and redress mechanisms are
provided through the Solicitors Regulation Authority and the Legal Ombudsman.
The Law Society is a designated professional body
for the purposes of the Financial Services and Markets Act 2000, but
responsibility for regulation and complaints handling has been separated from
the Law Society's representative functions. The Solicitors Regulation Authority
is the independent regulatory body of the Law Society
and the Legal Ombudsman is the independent and impartial complaints handling
body established by the Legal Services Act 2007.
Insurance
Mediation
As we have said, we are not authorized by the
Financial Conduct Authority. However, we are included on the register
maintained by the Financial Conduct Authority so that we can carry on insurance
mediation activity, which is broadly the advising on, 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
The Law Society is a designated professional body
for the purposes of the Financial Services and Markets Act 2000, but
responsibility for regulation and complaints handling has been separated from
the Law Society's representative functions. The Solicitors Regulation Authority
is the independent regulatory body of the Law Society
and the Legal Ombudsman is the independent and impartial complaints handling
body established by the Legal Services Act 2007.
Scope
All claims, complaints and disputes arising out of
or in connection with the Services ("Disputes") will be resolved
pursuant to this paragraph.
We are committed to providing a high-quality legal
service to all our clients. If something goes wrong, we need you to tell us
about it. This will help us to improve our standards. If you have a complaint,
please write to us with the details, addressed to our Client Care Officer,
Stephen Jones who is a director of BBH Legal Services Ltd., You can contact
Stephen by letter, to 2nd Floor The Hythe, Tower Road, Birkenhead,
Wirral, CH41 1AA, by fax to 0151 326 2341 or by email to stephenj@bbhlegal.co.uk.
If your complaint is about Stephen, then please
write to our Deputy Client Care Officer, Simon Healy. His email address is simonh@bbhlegal.co.uk.
Our Client Care Co-ordinator, Simone Rigby, will
acknowledge receipt of your complaint and arrange for it to be considered by
the appropriate Manager before a response is delivered to you. Her email
address is simoner@bbhlegal.co.uk
Heads of Departments will respond to complaints
about members of their team. If you are
dissatisfied with the response you receive from the Team Manager, the Client
Care Officer will then deal with the complaint.
The Client Care Officer will respond to complaints
about Team Managers. If you are
dissatisfied with the response you receive from the Client Care Officer, the
Deputy Client Care officer will then deal with the complaint.
What will happen next?
1. Our Client Care Co-Ordinator will record your
complaint in our central register and open a file for your complaint.
2. Our Client Care Co-Ordinator will send you a letter
acknowledging your complaint within 2 working days and will notify you who will
be investigating your case and advise a date when you will receive a formal
response by this is usually the Head of Department.
3. The Head of Department will then investigate your
complaint by examining your file and in particular the
issues raised in your complaint.
4. The Head of Department will liaise with our Client
Care officer and confirm a formal response with the aim of resolving your
complaint.
5. The formal detailed response to your complaint will
then be sent to you within 28 days of us acknowledging your complaint.
If we have to change any of
the timescales above, we will let you know and explain why.
If you are still not satisfied, you can contact the
Legal Ombudsman, PO Box 6167, Slough, SL1 0EH about your complaint. You
should take your complaint to them within 6 months of the complaint response, 1
year from the date of the conduct that is complained of and 1 year from the
time when you are reasonably expected to have known about it. For further
information, you should telephone the Legal Ombudsman on 0300 555 0333, go to
the website at www.legalombudsman.org.uk or email at enquiries@legalombudsman.org.uk.
Exclusions
We shall not be obliged
to comply with this section above in relation to any Dispute in which we seek:
an order or award (whether interim or final)
restraining you from doing any act or compelling you to do any act; or
a judgment or award for a liquidated sum to which
here is no arguable defence (provided that the exception shall cease to apply,
and the Dispute may be referred to arbitration on the application of either
party if the court decides that you should have permission to defend the
claim); or
the enforcement of any agreement reached, or any
binding order, award, determination or decision made pursuant to paragraph 23
above,
nor
shall anything in this paragraph inhibit us at any time from serving any form
of demand or notice or from commencing or continuing with any bankruptcy,
winding up or other insolvency proceedings.
Nothing in this Terms of Business shall prevent you
at any time from referring any Matter to the body or bodies for the time being
charged with the regulation of solicitors.
The terms on which we provide Services to you are
governed by, and shall be construed in accordance with, English law. You and we
each agree to submit to the exclusive jurisdiction of the English courts, if we
may in our sole and unfettered discretion commence proceedings against you in
any other Court.
Due to our own internal quality standards, we are
subject to periodic checks by outside assessors. This could mean that your file
may be selected for checking/ auditing.
We believe we have a legitimate interest in acting in this way and take
every possible precaution to protect your personal information. All inspections
are, of course, conducted in confidence and all external firms and
organisations working with Us are required to maintain confidentiality in
relation to any files and papers that are audited/ checked by them. Your
files(s) may also be reviewed in a due diligence exercise relating to the sale
or transfer of all or part of Our business, the acquisition of another business
or the acquisition of a new business. Again, we believe we have a legitimate
interest in acting in this way and take every possible precaution to protect
your personal information. If you prefer that your file is not checked /
audited or reviewed as detailed above, work on your file will not be affected
in any way. Please contact us if we can explain this further or if you would
like us to mark your file as not to be inspected.
Tax
We are not qualified to advise you on the tax implications of
transactions you instruct us to carry out, or the likelihood of them arising.
We are unable to provide advice as to the extent of Stamp Duty liability
or to the applicability or otherwise of appropriate relief. You should seek
specialist advice upon such issues if required. Our involvement will be limited
only to the provision of information as to possible Stamp Duty liabilities and
we will act only as agent for the purposes of lodging the appropriate forms
with HM Revenue
& Customs.
Planning
in property transactions
We will not advise you on the planning or building
control implications of your proposed purchase, unless specifically requested
to do so by you, otherwise than by reporting to you on any relevant information
provided by the results of the "local search".
Other
property disclaimers / Environmental
It is not our responsibility to carry out a
physical inspection of the property nor advise on the valuation of the property
nor the suitability of your mortgage nor any other financial arrangements. We shall not advise generally on
environmental liabilities where we shall assume, unless you tell us to the
contrary, that you are making your own arrangements for any appropriate
environmental survey or investigations.
We may, however, need to obtain on behalf of your
lender, at your expense, an environmental search. However, we will not advise
you about any issues relating to the possible contamination of any land which
may be relevant to your purchase. We
must tell you that we are not qualified to advise on the results of any search
made in that respect and would only be able to report to you the actual results
of such a search. This is particularly
significant in respect of the potential liabilities that may arise at some
future point in time because of land contamination or flood risk that are
having increasing significance. If you
have any doubts, please discuss your concerns with us.
If we are instructed on purchase and we are also
acting for your proposed lender, we have a duty to fully reveal to your lender
all relevant facts about the purchase and the mortgage. This includes any differences between your
mortgage application and information we receive during the transaction and any
cash back payments or discount schemes that a seller is giving to you
You have a series of rights outlined under Data
Protection legislation over how your personal data is used, including erasure
in specific circumstances. However, we
may not always be able to agree with the exercise of such rights, as often your
personal data remains necessary in relation to the purpose for which it was
originally collected and processed.
Further information is available in our Privacy Policy, a copy of which
can be viewed on our website at any time.
What
personal information we process
The categories of personal data we process include
general personal data (for example normal personal data, personal identity,
email addresses and personal financial data etc) and special categories of
personal data if these have been voluntarily provided to us (for example
ethnicity, nationality and medical history etc).
How we
use your personal information
When your file is open, the personal data is
necessary in relation to the purpose for which it was originally intended. We
process your personal information to fulfil our contract with you, or where you
or we have a legitimate interest in doing so, where otherwise permitted by law,
or to comply with applicable law and regulation. We use your personal information for:
Service provision and internal processing (i.e. to
assess and/or provide and to service your matter).
Management of relationship (e.g. to develop your
relationship with us).
Resolving queries.
Training and service review (e.g. to help us
enhance our services and the quality of those services).
Statistical analysis (e.g. to help us enhance our
products and services or delivery channels to keep costs down).
Complying with legal obligations (e.g. to prevent,
investigate and prosecute crime, including fraud and money laundering).
When your matter is completed, and / or your file
is closed, we may still process your personal information where we have a
legitimate interest in doing so, where we are permitted by law, or to comply
with applicable laws and regulation.
Examples of such instances will include:
Complying with legal obligations for statutory and
regulatory requirements including for example, HMRC Returns, complaint
handling, anti-money laundering, reporting to our regulatory body - the
Solicitors Regulation Authority;
Archiving and Storage of your file for the periods
outlined in our Retention Policies - see 'Custody, Retention and Transfer of
Documents' section of these Terms of Business. (Archiving and Storage of
personal data is still classed as a processing activity even though it is not
being regularly accessed and remains securely locked away); and
Our legitimate interests to conduct conflict of
interest checks, statistical analysis and research to help us enhance our
products and services.
How We
Share Your Information
We may share your personal data with a range of
organisations which enable us to fulfil our contract with you, or where we have
legitimate interests to do so, or otherwise are required by applicable law and
regulation. We can provide more details
specific to your personal data on request.
For further information on how we use your data
please see our Privacy Policy which is available on request or can be viewed on
our website - www.bbhlegal.co.uk
You have a right to complain to us, using our
Complaints Procedure outlined in the 'Dispute Resolution' section of these
Terms of Business above, or the Information Commissioner's Office (https://www.ico.org.uk ),
which regulates the processing of personal data. You may also seek a judicial
remedy.
PROVISIONS RELATING TO LITIGATION AND OTHER WORK IN RELATION TO DISPUTES
This paragraph contains further contractual
provisions and important information which we are professionally obliged to
give you where the Matter relates to litigation or the resolution of disputes
by other means (including a non-contentious Matter which becomes contentious or
gives rise to further instructions on a contentious Matter).
Costs
Risk
In litigation matters, the Court may decide to
order one party to pay the costs of the other. The Court usually orders the
unsuccessful party to pay all or a part of the successful party's costs,
although there is no certainty about this. The successful party usually
recovers a proportion of its costs from the unsuccessful party, although there
is no certainty about this. You should be aware that: --
If you make an interim application to Court which
fails, you may have to pay the other side's costs, usually within two (2)
weeks.
If you lose the case, you may have to pay the other
side's costs and it is not usually possible for you to
withdraw from the case without dealing with the issue of those costs.
Costs awarded must be proportionate to the value of
the dispute and, in the ordinary course, recovered costs from the other side
rarely exceeds sixty to seventy per cent (60-70%) of actual expenditure.
You will still be liable to pay our costs in full,
even if the other party fails to pay the costs awarded to you by the Court.
Issues which the Court may consider in assessing
the costs payable or recoverable include:
efforts made before and during the proceedings to
try to resolve the dispute, including the appropriate use of mediation and
other alternative dispute resolution procedures;
the effects of Part 36 payments and offers of settlement;
the complexity and size of the Matter and the
difficulty or novelty of the questions raised;
the skill, effort, specialised knowledge and
responsibility involved;
the time spent;
the place and Circumstances in which the work was
done.
If the other side is or becomes legally aided, it
is highly unlikely that you will recover your costs, even if you are
successful.
If you are unsuccessful, or the Court so orders for
some other reason, you may be ordered to pay the other side's costs. We will
discuss with you whether the likely outcome will justify the expense/risk.
Funding
Legal expenses insurance may be included in your
contracts of insurance and you should check your
policies to see if you are covered. Your policy may cover your costs and/or
your liability to pay the other side's costs. If you believe you are covered,
please discuss this with us so that we can assist you in notifying your insurer.
If you do not have legal expenses insurance, you may be able to purchase
insurance to cover you in the event that you have to pay the other side's costs.
A conditional fee agreement is an agreement whereby
we would be entitled to charge you an increased fee if you were successful and
would charge you no fee or a reduced fee if you were not successful. You might
be able to take out an insurance policy to cover you in the
event that you were ordered to pay the other side's costs. You may be
able to recover this insurance and any sums you paid to us from the other side
if you were successful depending on the type of case we are instructed on. We
are happy to discuss this further with you at your request.
Statements
of Truth
Under the Civil Procedure Rules, all statements of
case (the term for pleadings which includes documents such as claim forms,
defences and witness statements) and certain other documents, must be verified
by a statement of truth, to the effect that the party putting forward the
document believes the facts stated in it are true. Making a false statement of
truth is potentially a contempt of Court.
Whilst a statement of truth can be signed by you or
your legal representative, it is our policy that you should sign your own
Statement of Truth.
Attendance
at Hearings
Please be aware that, under the Civil Procedures
Rules, the Court can Order you to attend hearings. We will discuss this with
you further as your case progresses.
Alternative
Dispute Resolution
As part of the active management of a case under
the Civil Procedure Rules, both the Courts and the parties in a dispute are
required to consider the use of alternative dispute resolution ("ADR") if it is
considered appropriate to help to resolve the dispute. ADR includes methods of
dispute resolution such as mediation, adjudication and expert determination.
There have been occasions when the Courts have
imposed costs penalties on parties who unreasonably refuse to consider ADR. I
will discuss both the methods of ADR and any possible costs implication further
with you when it becomes appropriate.
REGULATIONS
AFFECTING YOUR CANCELLATION RIGHTS
The Consumer Contracts (Information, Cancellation
and Additional Charges) Regulations 2013:
If we have not met you either in person (because,
for example, instructions and signing of the contract documentation is taking
place by telephone/mail, e mail or on-line - i.e.: by way of a "distance"
contract) or we have taken instructions and a contract has been concluded away
from our business premises (because, for example, we have met with you at home
- i.e.: by way of an "off-premises" contract) and the contract was entered into
on or after 14 June 2014, you have the right to cancel this contract within 14
calendar days of entering into the contract without giving any reason.
The cancellation period will expire after 14
calendar days from the day of the conclusion of the contract.
To exercise your right to cancel, you must inform
us of your decision to cancel this contract by a clear statement (e.g.: a
letter sent by post, fax or e mail). You
may use the model cancellation form (as set out below) but it is not
obligatory:
I/we
hereby give you notice that I/we cancel my/our contract for the provision of
the following conveyancing of [insert address of sale or purchase property], received on [enter date of the
covering letter]. Add date, your
name(s) and address. Sign only if notified by letter. Send to us.
To meet the cancellation deadline, you must send
your communication concerning your exercise of the right to cancel before the
cancellation period has expired.
Should you require the work to be commenced within
the 14-calendar day cancellation period, you must provide your agreement to
that in writing, by e mail, post or fax to enable us to do so. By signing and returning the 'Commence Work
Now' document, you are providing your agreement in writing to enable us to
commence work within the 14-calendar day cancellation period. Where you have provided your consent for work
to commence within the 14-calendar day cancellation period and you later
exercise your right to cancel, you will be liable for any costs, VAT and
disbursements incurred up to the point of cancellation. Unless you make an express request for us to
commence work within the 14-day period (i.e. by signing and returning 'Commence
Work Now', we will not be able to undertake any work during that period.
We have a legal duty to tell you about our professional
indemnity insurance. We have an obligation to carry such insurance and our
qualifying insurers are: -
Lloyd's Underwriter Syndicate No. 1967 WRB
Axis Specialty Europe SE
Endurance Worldwide
Insurance Limited
Policy numbers are:- P24A264037P, P24B264037P & P24C264037P
FINANCIAL
SERVICES COMPENSATION SCHEME
In the event of a banking failure
it is unlikely that the firm would be held liable for any losses of client
account money.
We currently hold our client account funds in
National Westminster Bank plc. The £85,000 Financial Services Compensation
Scheme (FSCS) limit will apply to each individual client so if you hold other
personal monies yourself in the same bank as our client account, the limit
remains £85,000 in total, so it may be advisable to check with your own bank as
some banks now trade under different trading names.
However, with effect from 3rd July 2015, the FSCS
will provide a £1 million protection limit for temporary high balances held
with a bank, building society or credit union if it fails. Further details relating to what constitutes
a temporary high balance and the rules relating to the protection can be found
at www.fscs.org.uk
In the event of a bank failure
you agree to us disclosing details to the FSCS.
We do not undertake legal aid work
and it is important that you are aware of Legal Aid. Legal Aid is useful to a litigant because if
he loses, his liability is limited to his means-tested contribution, and it is
unlikely the Court will allow the victor to recover any costs against him. Legal Aid is not free. In most cases it is only a loan repaid from
the fruits of the action.
If the assisted party succeeds and recovers or
preserves any asset (except for some exemptions for maintenance and family
proceedings), it is subject to the statutory charge. The statutory charge operates to put the
recovery or the preserved asset first towards payment of the assisted party's
legal costs, and the assisted party only gets the net balance (if any) - often
much later because of the time taken in quantifying the final costs.
If money is recovered, it has to
be paid to the assisted party's solicitor who has to
pay it into the Legal Aid Fund who carry out the accounting and pay out the
balance. The Legal Aid Agency has no
power to reduce or waive the effect of the statutory charge. If a home is involved, it is sometimes
possible to delay payment, but the statutory charge then operates like a
mortgage and attracts interest until everything is repaid on sale.
For more information please discuss this with the
person attending to your case (they will be able to confirm if Legal Aid will
be relevant to your type of case and if you may qualify) / alternatively go to
the LAA website www.gov.uk/legal-aid
or telephone them directly on 0300 20 2020
CONSUMER PROTECTION REGULATIONS (CPR)
The Consumer Protection from Unfair Trading
Regulations (as amended) regulate transactions between traders and consumers
and prohibit trading practices that amount to unfair commercial practices and
misleading acts and omissions. Neither
You, the client, or Us, your legal representative, must mislead a buyer or
tenant either by providing incorrect or ambiguous information, or by omitting
to provide material information about the property You are selling.
Certain information will be revealed through
searches and other enquiries of public databases, surveys and valuation
reports. However, You must disclose to Us any known
defects and other material adverse matters relating to the property known to
You and failure to do so may mean that, in certain circumstances, the buyer or
tenant would have rights of redress against You.
We encourage You to make all known disclosures as
early in the transaction as possible to prevent delays.
If We become aware of any such existence of
material information, and You decline to authorise disclosure to the buyer or
tenant, then We would have to consider whether it was possible to continue to
act for You as the CPR's impose a duty to act fairly towards You as Our client
and also towards third parties, especially those that are unrepresented.
HELP TO BUY ISA SCHEME INFORMATION
The Help to Buy ISA Scheme was launched by HM
Treasury on 1st December 2015. If you
have taken out a Help to Buy ISA, then you may be eligible for a bonus payment
of up to 25% of the closing balance of the Help to Buy ISA subject to a minimum
bonus payment of £400 and a maximum of £3000 and provided that you and the
property you are purchasing meet the eligibility criteria set out in HM
Treasury ISA Scheme Rules. The fee earner
with conduct of your matter (who under the Help to Buy ISA Scheme is known as the
Eligible Conveyancer) will be able to advise you on eligibility and, if
appropriate, will undertake the necessary process to apply for any bonus
payment.
If you are purchasing a property through the Help
to Buy ISA Scheme, HM Treasury will be the Data Controller of any relevant
personal data that is given, via the Eligible Conveyancer, to HM Treasury and
to the Administrator and / or any sub-contractor of HM Treasury or of the
Administrator, for the purposes of the Help to Buy: ISA Scheme.
The information will be disclosed to HM Treasury
and the Administrator for the purposes of verifying the eligibility of a Help
to Buy: ISA Bonus payment and payment of Bonus funds, carrying out audits of
Eligible Conveyancers and any investigations or compliance work in accordance
with the Scheme Rules.
We serve your legitimate interests in disclosing
your relevant personal data to HM Treasury, the Administrator and / or to any
sub-contractor of HM Treasury for the purposes of verifying the eligibility of
a Help to Buy, ISA Bonus payment and payment of Bonus funds; carrying out
audits of Eligible Conveyancers; and any investigations or compliance work in
accordance with the Scheme Rules.
The
firm is committed to promoting compliance with the requirements of the Criminal
Finances Act 2017 within its practices as well as in those areas in which it
has influence.
The
firm does not tolerate tax evasion, or the facilitation thereof in any
circumstances, whether committed by or facilitated by a client, personnel or
associated persons/companies.
The Green Deal Scheme is a government driven
initiative to allow for a loan to be provided on a property for the improvement
of its energy efficiency. The loan is
repayable monthly, in conjunction with the power bills on the property. The
loan will run with the property unless it is repaid on the sale or transfer of
the property.
The seller(s) of the property are required, by law,
to disclose the existence of any Green Deal loan on the property they are
selling, or they may become liable for repaying the outstanding debt, even
after they have sold the property. The Estate Agent/Seller must disclose the
existence of a Green Deal loan agreement prior to a sale being agreed. If the
property is being sold at auction, the existence of a Green Deal loan agreement
should be disclosed before the winning bid is made.
The purchaser on a normal sale should be given an
EPC showing the Green Deal improvement or an EPC and a disclosure document
showing details of the work carried out under the Green Deal Scheme. This
disclosure document will be provided by the energy provider on completion of
the work as well as details of the repayment amount, the unexpired term of the
loan and details of the loan provider.
Disclosure of the Green Deal loan must be made at
least 7 days before the transaction or arrangement is entered into or if this
is not practicable then the disclosure requirement must be satisfied as soon as
practicable before the transaction is entered. The seller must secure that the
contract for sale includes an acknowledgment by the purchaser that they have
received notice that the property is a Green Deal property and that the bill
payer at the property is liable to make payments under the green deal plan and
further that certain terms of that plan are binding on the bill payer.
Whilst there are no charges, restrictions, notices
or cautions registered when a property is a Green Deal property, the mortgage
lender must be notified of the existence of the Green Deal loan because the
borrower / new property owner is taking on another loan which runs with the
property.
If this applies to you, when you sign the 'Commence
Work Now' document sent with the Engagement Letter we send to you this will
confirm your authority for us to make any such disclosure to your mortgage
lender.
Please note that we offer no guarantees/warranties
in relation to the extent and nature of any works undertaken under the Green
Deal Scheme. It is your responsibility
to ensure that you have satisfied yourself as to the extent, nature and
repayment provision of any such works undertaken in accordance with the Green
Deal Scheme.
We would recommend that all Green Deal loans be
repaid by the seller on completion of the property transaction, as the value of
the property will undoubtedly have already considered the work undertaken under
the Green Deal loan.