Terms and Conditions
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY ALONGSIDE THE LETTER THAT ACCOMPANIES THESE TERMS AND CONDITIONS (REFERRED TO IN THIS DOCUMENT AS “THE ENGAGEMENT LETTER” AS THEY GOVERN THE RELATIONSHIP BETWEEN US AND YOU. YOU SHOULD NOTE IN PARTICULAR THE PROVISIONS OF CLAUSE 13 (INSURANCE AND LIABILITY)
These terms and conditions are provided to comply with certain standards recommended by the Solicitors Regulation Authority and the Law Society of England and Wales and also to indicate as clearly as possible the level and standard of service you can expect from us and how we will charge for the work we do.
We are regulated by the Solicitors’ Regulation Authority and our registration number is 651795. You can access the professional rules applicable to us by visiting the Solicitors’ Regulation Authority’s website at https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-firms/
Acceptance of terms of engagement
Responsibility for work carried out on your behalf
Our Fees and Expenses
Handling your money
In the event of a deposit-taking institution failure we can make a claim under the Financial Services Compensation Scheme (FSCS) on behalf of our clients in respect of the funds we are holding for them in our client account. The FSCS will limit the compensation payable to each individual client, please refer to FSCS website http://www.fscs.org.uk/what-we-cover/ for details of how much compensation you will be entitled to. In addition, there is a PDF entitled “Where we hold Client Money” on our website https://www.thelawfirm.group/legal-information/ detailing the bank where we hold client money.
If you hold other personal monies yourself in the same deposit-taking institution as us please refer to the http://www.fscs.org.uk/ website for clarity on how much compensation you will be entitled to.
Funding your matter
- Legal Expenses Insurance – Many people have legal expenses insurance within their home contents or other insurance policies. This may provide full or limited cover. You must provide us with copies of your relevant insurance policies so that we can assess whether any of your policies will cover the legal costs in your matter.
- Conditional Fee Agreements (CFA) – This is an arrangement we can choose to offer in some litigation matters. In conducting an assessment to see whether a CFA will be suitable, we take full details from you about the matter and carry out a risk assessment of your case. If we decide that the matter is suitable to be funded under a CFA, we shall prepare a separate document to set out the terms of the CFA between us. Generally speaking, if you enter into a CFA with us then you only have to pay our costs if your claim is successful. Usually, if you win, your opponent will have to pay a proportion, if not all, of those costs. To protect you if you lose, we can make an application for insurance to cover the costs you would have to pay to your opponent if you lose. Once you have paid the insurance premium and are insured and provided any conditions of the policy are complied with, the insurance company pays any costs you are ordered to pay your opponent.
- Trade Union Funding – You may be a member of a Trade Union that offers to fund its member’s legal costs in cases arising out of the member’s employment. If you think this is likely to be the case, you must inform us, we can then contact your Trade Union and secure an agreement for your fees.
- Public Funding (Legal Aid) – You may be eligible for legal aid if you receive Income Support, have a low disposable income and little capital. If you think you may be eligible you must inform us immediately so that we can advise you accordingly.
- “After the Event” Legal Expenses Insurance – After the Event (ATE) Insurance is a type of legal expenses insurance policy that provides cover for the costs incurred in the pursuit or defence of litigation. The policy is purchased after the cause of a legal dispute has arisen which is why it is known as After the Event Insurance. The premium charged by After the Event Insurance Companies is not usually recoverable by the successful litigant as part of costs from the losing party. Premiums are sometimes available on a deferred and self-insured basis so that the premium is only payable by the policyholder at the conclusion of the case, and then only if the case is successful. Most policies now insure the premium if the case is lost. This means that if the premium payment is deferred, the premium is simply absorbed by the insurer. If the premium is paid when the policy is taken out, the cost of the premium is reimbursed by the insurer. In both examples, the insurer also pays for the client’s insured legal costs liabilities. The policyholder may not have to pay the premium or may be reimbursed for payment of the premium if the case is not successful. This is known as a ‘self-insured’ or ‘conditional upon success’ premium. If we consider that your case may be eligible for this type of insurance, then we can advise you of this and make an application for a quotation on your behalf.
- Damages Based Agreement (DBA) – This is an agreement whereby you do not pay us at an hourly rate but instead you agree to pay us a percentage of your damages. We do not offer DBAs for Personal Injury work as we do not consider them to be a suitable option for the funding of a personal injury claim. We will discuss with you whether a DBA is a suitable method of funding other types of litigation.
If you fail to inform us of the existence of a method of funding that would have covered your legal expenses, we will not be liable for any loss you may suffer as a result.
Quality accreditation and file audits
Investment And Insurance Advice
Financial Services and Markets Act (FSMA)
Data Protection Privacy Notice
Proof of identity
Insurance and liability
The charges and expenses of another party (litigation matters only)
Storage of papers and documents
Notice of right to cancel
Right to cancel
Effects of cancellation
We will only stop acting for you when we have a good reason to do so; for example:
- If you do not pay one or more of our invoices; or
- if you do not make an advance payment promptly when we require you to do so; or
- if you provide instructions that are unreasonable or would require us to breach a duty to the Court or involve the commission of a criminal offence.