TERMS AND CONDITIONS

These terms and conditions together with your client care letter contain the entire agreement between us (Hill & Abbott Ltd) and You. We will only act for you on the basis of these conditions. They will override any terms and conditions you suggest unless we agree otherwise in writing. Unless our retainer letter says otherwise, we do not advise on the tax or pension implications of the work you instruct us to carry out.

  1. Our aim
    We aim to offer our clients quality legal advice with a personal service at a fair cost. As a start, we hope it is helpful to you to set out in this statement the basis on which we will provide our professional services.
  2. The following are the standards we will always seek to meet:
    1. Being available – we recognise the importance of being available when you need us. Telephone calls will be dealt with by the person dealing with your matter unless that person is genuinely unavailable. If, for good reason, the person you want to speak to cannot take your call we will ensure the call is returned with the minimum possible delay. In urgent cases we will ensure that someone else who is able to help you speaks to you instead. If your call is to make an appointment then please ask for one of the secretaries in the Department.
    2. Making progress – we will deal with your matter as quickly and effectively as we can. We will ensure that we are not responsible for any avoidable delays. We will give you realistic estimates of the time needed to carry out the work you have asked us to do.
    3. Keeping you informed – we recognise the importance of ensuring that at all times you know what is happening. You can expect updates from us every 4 weeks unless otherwise agreed.
    4. Using plain English – the law is full of jargon. We will explain things in straight forward language.
    5. Taking a practical approach – it is our job to consider not only the legal aspects, but also practical and cost effective solutions too.
    6. Being flexible – we appreciate that not all problems arise or can be solved during standard office hours. We will do our best to meet any special requirements you may have.
  1. Our Hours of Business
    The normal hours of opening at our Burgundy Court offices are between 9.00am and 5.30pm Monday to Friday and between 9.00am to 12.30pm on Saturdays. Messages can be left on the answer phones outside those hours.

 

  1. Charges and Expenses
    Basis of charge.
    Our charges are calculated either
    By a fixed fee agreed in advance for a particular piece of work; or

    • Principally by reference to the time we spend on the piece of work but also taking into account other factors such as the nature, complexity and urgency of the work and any time spent outside normal office hours. Time spent on your work will include meetings with you and other people, travelling, attending Court, researching, preparing and working on papers, correspondence, telephone calls and emails. At the outset we will notify you of the hourly rate charged to you.
    • We will give you an estimate and will update it at least every six months. If it is likely the estimate will be exceeded, we will tell you. If your matter does not finish for any reason we will charge you for the work that has been done and the expenses that have been incurred. You may set a limit on the charges and expenses to be incurred. If you do you must pay those incurred up to the agreed limit without us needing to refer back to you. We will tell you as soon as it appears that the limit may be exceeded and will not exceed it without first obtaining your consent.
    • Our charges will be calculated mainly by reference to the time actually spent doing the work on your behalf (using 6 minute units).
    • The hourly rates have to be reviewed periodically to reflect increases in overhead costs and inflation. Normally the rates are reviewed with effect from 1st November in each year. If a review is carried out before your matter has been concluded, we will inform you of any variation in the rate before it takes effect. If you object to the revised rates we reserve the right to stop acting for you further.
    • In some cases involving particular complexity or requiring specialist expertise, an additional charge may be made in addition to that specified in your client care letter. In addition to the time spent, we may take into account a number of factors including any need to carry out work outside our normal office hours, the complexity of the issues, the speed at which action has to be taken and any particularly specialist expertise that your case may demand. It is not always possible to indicate how these aspects may arise but on present information we would expect them to be sufficiently taken into account in the rates that we have quoted. Where a charge reflecting any value element is to be added we will explain this to you in advance of higher rates being applied to your case.
    • The current hourly rates are set out in your client care letter. We will add VAT to these at the rate that applies when the work is done and will notify you of any other expenses which you are likely to have to pay and when you are likely to have to pay them. Examples of additional expenses are for large amounts of copying or collating, excess postage and courier services.
    • Solicitors have to pay out various other expenses on behalf of clients such as court fees, barristers’ fees, experts’ fees etc. We have no obligation to you to make such payments unless we have agreed in writing to do so or you have provided us with the funds for that purpose. VAT is payable on certain expenses. We refer to such payments generally as ‘disbursements’. Unless directed by a Court or tribunal to incur an expense, we will, where possible, first obtain your approval to these expenses. We will usually require a payment in advance from you in respect of any disbursements payable on your transactions.
    • It is our normal practice to ask you to pay sums of money from time to time on account of the charges and expenses which are expected in the following weeks or months. We may request further payments on account as the matter progresses. We will send you a receipted bill when we apply those payments towards the charges and expenses you incur. Please understand that the total charges and expenses may be greater than any advance payments you have made.
    • Our charges for contentious work (i.e following the issue of Court proceedings) are governed by the Solicitors Act 1974 under Part III of which you may apply to the Court for assessment of your bill.
    • If such requests are not met with prompt payment, delay in the progress of a case may result. In the unlikely event of any bill or request for payment not being met, we reserve the right to stop acting for you further.
    • Travelling expenses will be charged at the rate of £0.45 per mile (as set by HMRC) unless otherwise agreed plus any parking fees. If travel is by public transport then actual fees incurred will be charged. VAT is chargeable on some of these expenses.
    • If, for any reason, this matter does not proceed to completion, we will be entitled to charge you expenses and for work done to be calculated in accordance with the charging basis for your matter.
    • Where we act for you under a Conditional Fee Agreement (“CFA”) we will be entitled to a success fee in addition to our base fee if you win the case as set out in your CFA.
    • Where you instruct us jointly with one or more other persons you will each be jointly and severally responsible for the payment of all of our charges and expenses, whether or not we take instructions direct from them. We may act on instructions provided by any one or more of you unless otherwise agreed by us in writing.
  1. Other Ways of Funding Legal Costs and Expenses
    5.1 Insurance
    If you have insurance which may cover the costs and expenses for any matter you must tell us so that we can investigate. You may have a specific insurance policy or cover under a more general insurance policy.5.2 Indemnities/Costs Orders
    We will discuss with you in each case whether our charges and expenses might be paid by someone else; even if they might be you are initially responsible for paying our charges and expenses and any further charges and expenses incurred in seeking recovery from someone else. Please also note:
    5.2.1 In contentious cases even if you win your opponent may not be ordered to pay all of the charges and expenses you have incurred or it may not be possible to recover all of them, particularly if your opponent is legally aided.
    5.2.2 If you get an Order from the Court that someone else should pay some or all of the charges and expenses that you have incurred you can claim interest from the date of the Order. If you have paid our charges and expenses that you are entitled to interest; otherwise we are entitled to keep it.

 

  1. Payment Arrangements
    • Payment is due to us within 14 days from delivery of our bill and if not paid within that time interest will be charged on a daily basis from the date of the bill at 8%.
    • The law entitles us to retain any money, papers or other property belonging to you that properly come into our possession pending payment of our costs, whether or not the item is acquired in connection with the matter for which the costs were incurred. This is known as a “general lien”. We are not entitled to sell property held under a lien but we are entitled to hold items, other than money, even if the value of it greatly exceeds the amount due to us in respect of costs.
    • If we are conducting litigation for you, we have additional rights in any property recovered or preserved for you whether it is in our possession or not and in respect of all costs incurred, whether billed or unbilled. We also have a right to ask the court to make a charging order in our favour for any assessed costs.
    • If during your matter we receive damages or other payments on your behalf these funds will be applied towards payment of any outstanding bill or paid disbursement, unless otherwise agreed with you
    • We can accept payment of our charges and expenses by most credit and debit cards.
    • If money is paid by electronic transfer a fee for the service will be charged (which will be subject to VAT at the rate applicable at the date of that transaction).
    • If any payment made by you by cheque is not honoured or we have to issue a replacement cheque sent to you and cancel the original you will be liable for any charges that our bankers make to us in that regard and we will notify you of the amount of those charges in writing.
    • If you have any queries concerning your bill you must notify us in writing within one month of the bill being delivered to you. If no query or challenge is made within that time the bill will be treated as approved and you agree to not dispute the bill or the sums claimed in it thereafter.
    • There may be circumstances in which we cannot agree to a request by you to pay money due to you to a third party.
  • Property Transactions– We will normally sent you a completion statement following exchange of contracts that will include details of your bill. If sufficient funds are available on completion, and we have sent you a bill, we will deduct our charges and expenses from the funds
  • Administration of Estate– We will normally submit an interim bill at regular stages, starting with the obtaining of a Grant of Representation. The final account will be prepared when the Estate Accounts are ready for approval.
  • Other Parties Charges and Expenses
    • If you are successful and a court or tribunal orders another party to pay some or all of your charges and expenses, interest can be claimed on them from the other party from the date of the court order. We are entitled to all of that interest unless you have already paid our charges or expenses on account, in which case we will share the interest with you.
    • It is important that you understand that in some circumstances, the other party may not be required to pay all the charges and expenses that you incur with us. You have to pay our charges and expenses in the first place and any amounts that are recovered from the other party will be a contribution towards them. The other party may not be liable to pay the VAT element of your costs if you are able to recover the VAT yourself.
    • You will also be responsible for paying our charges and expenses of seeking to recover any costs that the court orders the other party to pay to you.
    • If you are involved in a Court case, there is a risk that you may lose the case or lose or make applications along the way and as a result you may be ordered to pay some or all of another party’s legal charges and expenses. Those charges would be payable by you in addition to our charges and expenses. This risk can often be insured against and we have discussed with you whether you already have insurance in place and where you have not, whether after the event insurance is available for your type of case. This does not relate to Family matters.
    • In some cases where you may be required to pay the costs of another party you will not be able to claim back any VAT due on that party’s bill even if you are registered for VAT yourself.
  • Cash
    We can accept only a maximum of £1,000.00 in cash. We cannot pay money due to you in cash.
  • People working for you
    • The people responsible for carrying out the work for you will be set out in our client care letter. Where it is appropriate to do so, elements of your work may be delegated to other staff in the firm so that your work can be carried out as economically as possible and from time to time we may arrange for some aspects of your work to be carried out by persons not directly employed by us.
    • We will try to avoid changing the people who handle your work but if this cannot be avoided, we will tell you promptly of any change and why it is necessary.
  • Cost benefit and risk
    We will discuss with you whether the likely outcome in a matter justifies the expenses or risk involved, if relevant, the risk of having to pay opponents or someone else’s charges and expenses. We will deal with this on a case by case basis.
  • Your Money
    • Any money received on your behalf will be held in our Client Account at National Westminster Plc or at such other financial institution notified to you from time to time.  Subject to certain minimum amounts (available upon request), interest will be calculated and paid to you at the rate from time to time payable on National Westminster Bank Plc’s (or other financial institution’s) Designated Client Accounts.  The period for which interest will be paid will normally run from the date(s) on which cleared funds are received by us until the date(s) of issue of any cheque(s) or electronic payment instructions from our Client Account.
    • If the institution in which funds held on your behalf should collapse we would not be liable for any loss which you might suffer as a result.
    • Subject to your giving your consent, we will give information to the Financial Services Compensation Scheme (FSCS) to help you claim any amounts to which you are entitled.
    • Please note that the maximum amount the FSCS can currently pay out in compensation is £75,000 and only individuals and small companies may claim. The FSCS limit applies to each individual client so if you hold money in the same deposit-taking institution as our clients’ account the limit remains a total of £85,000 for that individual or small company

 

  • Limited Liability Partnerships & Limited Companies
    When acting on behalf of a limited company or limited liability partnership (LLP), in consideration of us providing legal services to you, the director or authorised signatory of the company accepting these terms on your behalf agrees to personally guarantee your obligations to us (which shall include payment of our fees and disbursements).We also reserve the right to require further members or directors and/or controlling shareholder to sign a form of personal guarantee in respect of the charges and expenses of this firm. If such a request is refused, we will be entitled to stop acting and to require immediate payment of our charges and expenses for all work done to date.

 

  • Financial Services/ Insurance Distribution
    We are not authorised 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 distribution 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 fca.org.uk/firms/financial-services-register.”We are not authorised by the FCA to provide financial advice. If while we are acting for you, you need advice on investments, we may refer you to someone who is authorised to provide the necessary advice or suggest that you take appropriate steps to identify such a provider and obtain appropriate advice direct. Even though we are permitted to provide certain limited investment advice services where these are closely related to the legal work we are doing for you because we are members of the Law Society of England and Wales which is a designated professional body for the purposes of the Financial Services and Markets Act 2000, it is our policy not to offer any financial advice to clients

 

  • Cancellation of contracts made on a visit to your home or place of work
    Where you are a Consumer for the purpose of the “Cancellation of Contracts made in a Consumer’s home or place or work etc Regulations 2008” (2008 Regulations2) and you contract with us during a visit by us to your home or place of work, or to the home of another individual, we will provide you with a Notice of the Right to Cancel, setting out you rights under the 2008 Regulations to cancel the contract. Where you would like us to commence work during the period of cancellation you will be required to sign a written notice confirming that. Where you have provided consent to commence work and then cancel within the cancellation period we will be entitled to claim payment for services supplied prior to the cancellation, in accordance with these terms and conditions.Unless otherwise agreed by us in writing, your continuing instructions in this matter will amount to an acceptance of these Terms and Conditions of Business and the terms in the accompanying Client Care letter.

 

  • Conflicts of InterestConflicts between your interests and those of another client can arise. If they do we may have to stop acting for you and/or the other client involved. For example, if we discover information whilst acting for another client, which we would normally be bound to disclose to you, and such disclosure would conflict with our duty to the other client, then a conflict will arise. If that happens we have the right to withhold that information and to end our engagement. If we have to do that then all the charges and expenses together with VAT up to the date of termination will be charged and become due.

 

  • Communication Between You and Us
    We are confident of providing a high quality of service in all respects. We will aim to communicate with you by such a method as you may request. We may need to virus check discs, memory sticks or email. Unless you withdraw consent, we will communicate with you and others when appropriate by email or fax but we cannot be responsible for the security of correspondence and documents sent by email or fax.

 

  • Queries or Complaints About Service or Bill
    • Our aim is to offer all our clients an efficient and effective service at all times. Our clients and our staff are of first importance to us. However, should there be any aspect of our service with which you are unhappy, please raise your concern in the first place with the person primarily responsible for your matter. If you feel that is not appropriate or if you still have queries or concerns, please contact our Complaints Manager, Kerry Huggins, to whom any final difficulty can be reported either in writing or by telephone.
    • We have a written complaints procedure and a copy is available on request to Kerry Huggins.
    • In the event we cannot resolve a complaint you make then you can refer it to the Legal Ombudsman. We will provide you with their full contact details on request and the timeframe for doing so.
    • A complaint could include an element about our bill (you may also have the right to object to the bill by applying to the court for an assessment of the bill under Part III of the Solicitors Act 1974) but if all or part of a bill remains unpaid we may be entitled to charge interest.

 

  • Your Responsibilities
    • If we are to meet your expectations of our performance, we need your co-operation. From time to time we need information from you and we may need decisions by you at certain stages of our work. As your agents, we can only act on information and instructions given to us.
    • We rely on you to provide us with all relevant information on a timely basis and to tell us as soon as possible of any change of circumstances. If we require information or decisions from you and they are not provided to us, we accept no liability for the effects of delays and other consequences which may thereby arise.
    • Unless otherwise agreed between us, we are entitled to assume that anyone who holds themselves out as having authority to instruct us on your behalf does have actual authority. However we may wish to confirm that authority with you before proceedings.
    • You will safeguard all documentation, including electronic documentation, which is likely to be required to be disclosed in matters of dispute resolution or litigation.

 

  • Storage of Papers and Deeds
    • 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. In addition, we will either keep your file of papers for you in storage or arrange for the file to be scanned and held electronically, in either case for not less than 6 years. After that, storage is on the clear understanding that we have the right to destroy it after such period as we consider reasonable or to make a charge for storage if we ask you to collect papers and you fail to do so. We will not of course destroy any documents such as Wills, Deeds and other securities, which you ask us to hold in safe custody. No charge will be made to you for such storage unless prior notice in writing is given to you of a charge to be made from a future date which may be specified in that notice.
    • 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.
  • Property Disclaimers And Disclosures
    • It is not our responsibility to carry out a physical inspection of the property, but if you wish us to do this for any reason please make a specific request so that we can discuss this with you. We shall not advise on the valuation of the property nor the suitability of your mortgage nor any other financial arrangements. Although we can obtain environmental searches on your behalf we are not qualified to assess the results.
    • By accepting these terms and conditions of business you authorise us to disclose to the other parties in the transaction and, if applicable to all other parties in the chain of transactions and their agents and advisers all information which we have in relation to your involvement in the transaction including any related sale or mortgage and other financial arrangements and wishes as to dates for exchange and completion. You may withdraw this authority at any time but if you do so you should appreciate that we will inform the other party or parties and their agents or advisers that this authority has been withdrawn.

 

  • Data Protections Policy
    • You consent to us collecting, storing and processing certain personal data about you and, where you are an employee of a company, about the company’s servants or agents.
    • The data will be used for anti-money laundering checks, to provide legal and associated services and for the purposes set out below. Other than as set out below the data will not be used other than in the normal course of business.
    • Your particulars are held within the European Union on our database and externally with our business computer software provider. Data may be processed on our behalf by third parties. You expressly agree that we may, from time to time, use your post and/or fax details to send you information about developments in the law and our services which we think might be of interest to you. If you do not wish to receive that information please notify us in writing.
    • We may disclose information about you to our financiers, insurers, credit reference and debt recovery agencies, third party service providers and any regulatory body or any other person if required to do so by law. The third party will add this information to its records and this may be seen by other organisations that carry our credit assessment searches.
    • We may use the data to notify you about other legal or financial services that we offer. This communication may be by post or email. We will provide you with an opportunity to opt out of receiving further marketing information.
    • You may request at any time that we stop using your information and stop sending information to you or that we stop passing your information to third parties, by writing to us. If you withdraw consent to credit reference checks we may refuse to do any further work for you.
    • You can obtain details of the personal data that we hold by writing to us to request this. There is a fee for this service.
    • We may disclose your information to any person that we propose to transfer our rights and/or responsibilities under any contract with you, to which these conditions apply, or to whom we transfer our business or a relevant part of our business. Any such person shall be entitled to proves your data in the manner set out in these conditions.
    • Information about you may be transferred outside the European Economic Area (which countries may not provide similar protection as the UK) for the purposes of carrying out your instructions. By agreeing to be bound by these conditions you consent to this transfer of information.
    • If we make any changes to our privacy policy in the future we will draw this to your attention and you will be given an opportunity to opt in to any new use of your personal data.
    • We use the information you provide primarily for the provision of legal services to you and for related purposes including: updating and enhancing client records, analysis to help us manage our practice; statutory returns and legal and regulatory compliance. Our use of that information is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality.

 

  • Identity and Disclosure Requirements & Money Laundering
    • We are entitled to refuse to act for you if you fail to supply to us, when requested to do so, appropriate proof of identity and address for yourself or for any principal whom you may represent.
    • We may on occasion carry our Electronic Verification to verify your ID. Such checks may leave a soft footprint on your credit report which is not seen by lenders. You expressly consent to us doing so.
    • Solicitors are under a professional and legal obligation to keep their clients’ affairs confidential. However, there is an important exception to this. Under recent legislation solicitors have a duty in certain circumstances to disclose information to the National Crime Agency. Where a solicitor knows or suspects that a transaction involves money laundering or financing terrorism, the solicitor may be required to disclose this to that Agency without telling the client either that a disclosure has been made or the reasons for it (as the law prohibits “tipping off”). We will not be liable for any losses, damages (including consequential special indirect or exemplary damages) or delay arising out of our compliance with any statutory or regulatory requirement.

 

  • Events outside of our control
    We will bear no liability for loss, damage or delay however arising caused by circumstances outside our control (of whatever kind)

 

  • Disclosure of advice
    Our advice is provided to you and may not without our consent be disclosed to anyone else. You may not refer to us or our advice in any further communication or document without our prior consent.

 

  • Independent Services
    When we are asked to recommend the services of someone else (such as surveyor, trade mark agent, accountant or foreign lawyer) we will always do so in good faith. However we give no warranty in respect of the standing, ability or quality of the services of that person. We do not accept liability for that person’s services and you will have a contract with that person but not with us in respect of that person’s goods or services. You will be responsible for the charges and expenses of that person.

 

  • Retention of Work and Barristers Advice
    We may choose to keep copies of work produced or obtained by us whilst representing you. These will be retained on our internal database but will be accessed only by our members or employees. We will comply with the Law Society guidance in any use of Barristers’ opinions.

 

  • Ending the working relationship
    • You may terminate your instructions to us in writing at any time but we will be entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. If at any stage you do not wish us to continue doing work and/or incurring charges and expenses on your behalf, you must tell us this clearly in writing and if you are involved in a Court case you will also need to notify all of the other parties and the Court in writing otherwise we will need to make an application to the Court and charge you for doing so.
    • If we are acting for you on a fixed fee basis and you terminate your instructions, you will be liable to pay us the agreed fixed fee and any expenses incurred.
    • If we decide to stop acting for you, for example if you do not pay an interim bill or comply with a request for a payment on account, we will, whenever possible, tell you the reason and give you notice in writing. We will then send you a bill for the work done and our expenses in accordance with the charging basis for your matter or as otherwise agreed.
    • We will be released from our obligation to carry out your instructions in the event of a national emergency, war, act of terrorism or any other cause beyond our reasonable control that renders it impossible for us to perform our professional services. In such circumstances, all monies due from you to us and from us to you, to be set off as appropriate, will be payable immediately.
    • If the agreement between us and you for the supply of legal services is governed by the Consumer Protection (Distance selling) Regulations 200 as amended by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005 at any time whilst we act for you, you have the right to withdraw without charge any new matter on which you instruct us within seven working days afterwards. That right will cease if we start work with your consent within that time.
    • Under the Consumer Protection (Distance Selling) Regulations 2000, for some non-business instructions, you may have the right to withdraw, without charge, within 7 working days of the date on which you asked us to act for you.
    • If the Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008 apply you will have the right to cancel a contract with us within 7 days of our giving you notice of that right.

 

  • Equality and Diversity
    We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.

 

  • Marketing and Information
    • We like to keep you informed about changes in the law. Developments at Hill & Abbott and other services by sending useful information to you from time to time. If you want to be added to our mailing list to receive information you should provide your e-mail address on the authority.
    • If you are already on our mailing list and want to be removed please contact our Customer Service Team, by writing to Burgundy Court, 64-66 Springfield Road, Chelmsford, CM2 6JY or emailing cst@qshalaw.com or telephoning 01245 258892, giving details of your name, address, postcode and/or email address and asking to be removed.

 

  • Lexcel Standard & Solicitors Regulation Authority
    • We have obtained the Law Society Lexcel quality standard. This confirms our commitment to providing the highest possible standard of service and client care across all areas of Hill & Abbott.
    • To maintain certifications we are required to permit an independent assessor to inspect our files to check that we have complied with the relevant procedures. The assessor will keep all information confidential. Because all the information we hold on your file is confidential the file cannot be inspected without your authority. If you do not wish the file to be made available for assessment you must notify us in writing. Please rest assured that the quality of our work and the conduct of your matter will not be affected by refusal to consent and that should you so wish you can withdraw your consent at any time. By signing the Client Care Letter you are consenting to your file being inspected.
    • We are authorised and regulated by the Solicitors Regulation Authority (No. 559300) and we hold a policy of professional indemnity insurance that complies with their regulations, details of which can be viewed at our offices.

 

  • Invalidity of any Contractual Term
    If any provision of these conditions is held by a Court or competent authority to be invalid or unenforceable in whole or in part the validity of the remainder of these terms and conditions and of the remainder of the provision in question shall not be affected by that decision.

    • Limitation of Liability Our liability to you is limited in total, Save in respect of a claim relating to personal injury or death, our liability in respect of any negligence in acting on your behalf will not in any event exceed the sum of £5,000,000
    • We will not be in any circumstances be liable for any loss or damage, which is not a reasonably foreseeable result of any breach for which we are liable. Losses are foreseeable if they are an obvious consequence of our breach, or if they were contemplated by you and us at the time we entered into the contract.
    • We will not be liable to you in any event that you suffer any losses, claims, damages or expenses as a result of the provision to us of incorrect information or non-disclosure of material information.
    • Nothing in these conditions shall exclude or limit the liability of us or you in respect of fraud or any statements made fraudulently by us or you.
    • The failure by us to enforce at any time or for any period any one or more of these Terms of Business shall not be a waiver of them or of our right to enforce them or all of them at any subsequent time.
    • If any provision of these Terms of Business shall be unenforceable for whatever reason then the same shall be severed in so far as is required and the remainder shall continue to be effective without modification in so far as is practicable.
    • The contract between us shall be governed by the laws of England and Wales irrespective of your place of residence and you agree to submit any dispute to the exclusive jurisdiction of the Courts of England and Wales and, in particular, any dispute not exceeding the value of £50,000, to the exclusive jurisdiction of the Chelmsford County Court.

 

  • General
    • Our advice is given on the basis of the laws of England and Wales. To the extent that we advise on documents governed by the laws of other jurisdictions, we will not be advising on any specific implications of the laws of those jurisdictions.
    • These conditions are governed by English law and any disputes arising in connection with these conditions are subject to the exclusive jurisdiction of the English Courts.
    • Our contract is personal between you and us and is not intended to confer any rights of enforcement on anyone else.
    • Where there is any discrepancy or inconsistency as between these Terms and Conditions of Business and any Client Care letter that we send to you then the terms contained in the Client Care letter shall apply.