Terms of Business
1 Introduction
These terms of business set out on which we shall conduct matters that we undertake for you. They will apply to all your matters, unless and to the extent that we inform you in writing that different provisions will apply.
2 Responsibility for your matters
A Principal will have overall responsibility for each matter.
3 Costs
3.1 This section sets out the basis for our charges. Our charges are not contingent whether or not a matter proceeds to completion.
3.2 Our fees are calculated by reference to the time spent by Principals and staff dealing with your matter at their hourly charging rates from time to time. Details of current hourly rates will be supplied to you or are available on request from the principal responsible for a particular matter. In any matter where a specific day fee is agreed and the matter does not proceed to completion for any reason, we reserve the right to charge up to the level of the agreed fee at hourly rates for time spent.
3.3 In addition to our fees we will charge you costs incurred by us, such as disbursements and incidentals and (where applicable) VAT. Where costs are charged to us by third parties for services supplied by them, we shall charge you the amount charged to us. Other costs will be charged at our standard rates from time to time.
4 Costs in contentious matters.
4.1 This section applies only to contentious and potentially contentious matters.
4.2 We reserve the right at the end of a contentious matter and/or in our interim bills to make an additional charge (and/or to renegotiate any fees agreed in relation to the matter) to reflect all the circumstances of the matter, including the complexity of the matter or the difficulty or novelty of the questions/ issues raised; the skill, labour, specialised knowledge and responsibility involved; the time spent on the matter; the number and importance of the documents prepared or information received.
5 Payments on account
From time to time we may ask you to make payments on account of anticipated fees, costs (including third parties costs) and VAT. A request for payment on account is not an estimate of (or a cap on) any fees, costs or VAT. Payments made may be applied towards payment of any bill that we have rendered to you, unless those payments were received by us for another specified purpose. This will not affect any statutory right to challenge the amount of the bill.
6 Billing
We generally bill weekly and on some occasion will accept monthly. In any event, we reserve the right to render interim bills to you during the course of any matter. If you have any particular billing requirements, please let us know so that we can consider them before we start any work to which they might apply.
7 Payment of bills
7.1 Our bills are payable when rendered. We reserve the right to charge you interest to the extent that any bills is not paid within one month after delivery of the bill. Interest will accrue on any such unpaid amounts on a daily basis at the rate of 3.5% for the time being payable on judgement debts and will be payable on demand.
7.2 Where you expect a third party to reimburse you for our charges, we are entitled to recover payment in full from you, even if the third party fails to pay you on time at all.
8 Communication
In relation to each matter we shall communicate with such of your officers and staff and those of your affiliates and other advisers, as appears to us to be appropriate. Please let us know if you have any particular confidentiality or authority requirements (for example, that we should take instructions from or communicate only with a particular named (individual). If at any time you wish to put in place special arrangements for communications, please let the Principal responsible for the relevant matter know.
9 Documents and files
9.1 Please tell us at the end of a matter if you would like us to return any of your documents to you or make other arrangements. We reserve the right to destroy all other files and documents, six years after.
9.2 Unless we otherwise agree in writing, copyright in all materials prepared by us will belong to us but, subject to payment in full of our fees, you will have the right to use those materials for the purposes for which we prepared them.
9.3 The unauthorised distribution/ photocopying of material to unconnected third parties is infringing on copyright right law and is illegal with no liability.
10 Our duties and rights of third parties
10.1 Our duties are owed only to the client named in any engagement letter, and we disclaim any liability to any other person. If another person specifically requests the right to rely upon our advice, we will consider it, but reserve the right to decline any such request.
10.2 The terms on which we agree to conduct your matters (whether or not contained in these terms of business) are not intended to be enforceable by anyone but the parties selected or instructed by us on your behalf.
10.3 We have no liability in relation to services provided by counsel, experts or other third-parties selected or instructed by us on your behalf.
11 Information requests
We expect clients to provide us with all relevant information to enable us to carry out matters, with no liability for future losses to the client arising due to omissions or negligence in passing over material or immaterial facts prior to the commencement of services and after client approval of work.
12 Complaints
We would take any complaint by you against us very seriously. It is our policy to investigate complaints thoroughly and respond promptly. In the first instance, any complaint should be addressed to the Principal who has overall responsibility for the matter concerned. If you are dissatisfied with the response, you should write to our Company Secretary. If for any reason we are unable to resolve the problem between us, you may refer the matter to the institute. Details will be provided on request.
13 Termination
Unless it is otherwise expressly agreed or is implicit in the arrangement for a particular matter, you may terminate our engagement at any time. We may terminate our engagement at any time for good reason and upon reasonable notice. Notwithstanding any termination by either us, you agree to pay our fees, costs and VAT incurred up to the time of termination and in relation to any work that we are required to do after the date of termination. In any matter where a specific fee is agreed, we reserve the right to charge hourly rates for time spent. We shall have a lien on all your papers and any other assets we may be holding pending payment of all sums due to us.
14 Changes
We reserve the right to change or supplement these terms, either generally or in relation to a particular matter, by notice in writing.
16 Governing law and jurisdiction
All the arrangements between you and us relating to the services we provide are governed by English law.
