Terms of Business

INTRODUCTION

Grant Legal Services Limited is authorised and regulated by the Solicitors’ Regulation Authority (the “SRA”). The SRA is the independent regulatory body of the Law Society of England and Wales, and operates within the regulatory framework of the Legal Services Act 2007 (and any subsequent amendments). 

In these Terms, “We”, “Our”, or “the Firm” shall mean the law firm of Grant Legal Services Limited, a Private Limited Company registered in England and Wales (company number 10622905) with its registered address at 98 High Street, Marlow, Buckinghamshire SL7 1AQ. 

The expressions “you” or “your” refer to you, our client. 

The following terms of business are the terms on which the Firm will provide its services. They include information which we are required to provide by the SRA. All work carried out is subject to these terms except to the extent that changes are expressly agreed in writing.

Our aim is that these terms are as clear and concise as possible but please contact us if you would like a more detailed explanation of any of them.

• Instructions

Unless you instruct us to the contrary, we will assume that any of your directors or employees who give us instructions are authorised to do so and that we may act on instructions given orally.

• Service Standards

1. We will regularly update you by telephone or in writing with progress on your matter.
2. We will explain to you by telephone or in writing the legal work required as your matter progresses.
3. We will regularly update you on the cost of your matter.
4. We will update you on the likely timescale for each stage of this matter and any important changes in those estimates.

• Electronic Communication

1. Unless otherwise directed by you, we may correspond by email.
2. We each agree to use commercially reasonable procedures to check for commonly known viruses, before sending information electronically, but we recognise that such procedures cannot guarantee that transmissions will be virus free.
3. You agree to accept the risks of using email, including but not limited to the risks of viruses, interception and unauthorised access.
4. We accept no responsibility or liability for malicious or fraudulent emails purportedly emanating from the Firm. It is your responsibility to ensure that any emails coming from the Firm are genuine before relying on anything contained within them.

• Hours of Business

Our normal opening hours are Monday to Friday from 9.00 a.m. to 6.00 p.m, although the office is regularly open outside of these hours and the mobile telephone number for Tom Grant is available on the Firm’s website.

• Confidentiality

While acting for you, we will gather information and documents which relate to you and your business, affairs, customers, clients or suppliers. Any such information which is not already in the public domain will be treated as “Confidential Information”. However, in some circumstances we may be required to disclose Confidential Information to regulatory or fiscal authorities. To the extent that we are permitted to do so, we will endeavour to give you as much advance notice as possible of any such required disclosures.

• Our Responsibilities and Liabilities

1. Our responsibility in any matter is only to the particular client who gives us instructions. The firm shall not be under any duty to, nor have any responsibility towards, any other person in connection with any matter (unless that person is also a client of the firm in relation to it) even if the objective of the client’s instructions is to confer a benefit upon such a person.
2. You agree that you will inform us if you agree, or are asked to agree, to limit the liability of another of your advisers in connection with any matter in respect of which we are also instructed.
3. Subject to any agreed aggregate limit on our liability, the liability of the Firm, its partners and employees shall be limited to the proportion of the total of all damage, including costs, which may fairly be attributed to this firm, taking into account the extent to which we have contributed to the overall damage and the responsibilities of all other parties.
4. You also agree that the liability of the firm, its partners and employees shall not be increased by:
   1. any limitation, exclusion or restriction of liability you have agreed with any other adviser; or
   2. your inability to recover from any adviser, or your decision not to recover from  any adviser.
5. We are not qualified to advise you in respect of any tax matters. The advice we provide will not include any consideration of, or advice concerning, the taxation implications or consequences of any course, or alternative course, of action and we will not be liable for any loss or disadvantage that may arise from the tax consequences of any matter. 

• Professional Indemnity Insurance

We maintain professional indemnity insurance with an indemnity limit of £3,000,000 (GBP three million) in accordance with the requirements of the Solicitors Regulation Authority. Details of the insurers and territorial coverage are available for inspection on request. 

• Third Parties

Any advice which the Firm may give shall not be communicated to, or relied on by, any person other than the client to whom it is directed and these terms of engagement and the agreement with you to which they relate shall not confer or create any right enforceable by a person who is not a party to the agreement constituted by our engagement. We may vary these Terms without the consent of any third party.

• Intellectual Property Rights

1. We retain all copyright and other intellectual property rights in all documents, reports, written advice or other materials provided by us to you. We grant you a non-exclusive, non-transferable, non-sub licensable license to use such documents or other works solely for the purpose of your matter. If you do not pay us in full in accordance with your obligations we may, on giving you notice, revoke the license and only re-grant it to you once full payment has been made.
2. We may retain, for our subsequent use, a copy of the advice or opinion of any barrister or other third party obtained in the course of providing the services. If we retain a copy of any such advice or opinion we will take all reasonable steps to conceal information which might reasonably enable you to be identified. 

• Data Protection

1. 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.
2. Our use of that information is subject to your instructions, the Data Protection Act 2018 and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as the Gambling Commission and other professional advisers. You have a right of access under data protection legislation to the personal data that we hold.

• Fees

1. Save for where we have agreed a fixed fee or retainer fee arrangement, our basic charges are normally based on the time spent dealing with a matter. Time is recorded and charged on the basis of 6 (six) minute units. Other factors may also be taken into account in accordance with the SRA’s requirements; for example, complexity, value, importance to the client and urgency. We may increase our rates if, for example, the matter becomes more complex than expected.
2. Our hourly rates are set out in your Engagement Letter. Our rates are reviewed from time to time and if they alter you will be notified of any increases.
3. Where we have provided an estimate of our likely charges and expenses we will keep that estimate updated and will inform you if any unforeseen additional work becomes necessary and before any additional expenses are incurred (for example, due to unexpected difficulties or if your requirements or the circumstances significantly change). However, we cannot provide a guarantee that the final cost will not be greater than the estimate. 
4. By instructing us, you are authorising us to incur such charges and disbursements as we consider reasonable and necessary. We do not propose to seek your authority before incurring each disbursement. In some circumstances, we may ask you to pay our charges and expenses before we commence work. Disbursements are charges paid to external providers on your behalf and may include (although not an exhaustive list) the fees charged by couriers, search fees and stamp duty land tax. These items are charged at cost to you with VAT added where applicable. 
5. We will not change our bank details during the course of our engagement. If you receive any communication advising that our bank details have changed, please contact us immediately using the contact details provided in this letter before making any payment. We will not accept responsibility for any loss arising from payments made to an incorrect bank account where this warning has not been followed.
6. We may require payment of sums on account of anticipated fees or disbursements. When we put these payments towards your bill we will send you a receipted bill. We will offset any payments on account against your final bill, but your total charges and expenses may be greater than any advanced payments. We reserve the right to charge interest on any disbursements we pay on your behalf. 
7. Our policy is to only accept cash from clients up to £1,000. 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 have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.

• “MY LEGAL EAGLE” RETAINER ARRANGEMENTS

1. Where we have agreed a monthly retainer in our engagement letter, the terms of this clause 12 shall apply to that arrangement. 
2. Retainer fees are required in full in advance of services; payment is due on or before the first day of each month of the retainer term. If payment is not received by the first day of the relevant month, we reserve the right to apply our full standard hourly rates for any work undertaken during that month and monies received will be applied accordingly. 
3. Services rendered beyond the agreed retained number of hours will be billed at the full hourly rate with payment due upon receipt of our invoice. 
4. Your ability to carry over any unused hours is set out in your engagement letter. You shall not be entitled to any refund in respect of any unused hours that are not utilised during the relevant rollover month. 
5. At the end of the agreed retainer term, any additional work will be charged at our full standard hourly rate unless and until such time as any new retainer term has been agreed between us.
6. Retainers may be terminated by either party for any reason with three (3) months’ prior written notice of intent to terminate. You will remain liable for any Retainer fees due for the termination notice period.

• VAT

1. All fees and expenses detailed in your engagement letter are exclusive of VAT. Any VAT chargeable upon amounts invoiced by us is payable in addition to our fees and charges. 
2. We will deliver an appropriate VAT invoice to the client for whom we have performed our services. If you have arranged with a third party for that third party to pay our fees, the third party will not normally be entitled to recover any VAT element and you will remain responsible to the firm for payment of our fees and charges.
3. Our VAT Registration Number is 264807485.

• Interest

If the amount of an invoice remains outstanding after thirty (30) days from the date of delivery of the invoice, we reserve the right to charge interest at the rate of 3% (three per cent) over the base rate of Natwest Bank Plc (as varied from time to time) on any amount outstanding after thirty (30) days from the date of delivery of the invoice until payment.

• Anti-Money Laundering Precautions

We are required to obtain verification of the identity of our clients (and sometimes of other parties) such as beneficial owners of clients and so may need to ask for evidence of identity when instructions are first given. In the absence of such evidence, we may be unable to commence acting for you, or may have to decline to act further. Our practice is to require the following:-

Individual

1. Certified copy of your passport;
2. Two recent domestic utility bills, as proof of address.

Company

1. Evidence of incorporation;
2. Memorandum and Articles of Association;
3. Confirmation of your position with the company and authority to give instructions on its behalf;
4. Certified copy passport and two recent utility bills.

We will retain copies of any identity documentation for at least five (5) years. 

We are professionally and legally obliged to keep your affairs confidential. However, solicitors may be required by statute to make a disclosure to the Serious Organised Crime Agency where they know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working on your matter for a period of time and may not be able to tell you why.

• Investment Advice

We are not authorised by the Financial Conduct Authority. If, while we are acting for you, you need advice on investments, we may have to refer you to someone who is authorised to provide the necessary advice.

• Conflicts

1. We take conflict issues seriously. Our conflict procedures help us fulfil our professional obligation not to act for one client in a matter where there is an actual or significant risk of a conflict with the interests of another client for whom we are already acting. We have procedures in place to ensure that conflict checks are carried out on every matter as soon as practicable so that if an issue arises it can be discussed with you and dealt with as soon as possible. If at any time you become aware of an actual or potential conflict of interest, please raise it with us immediately. 
2. Where our professional rules allow, you agree that after we cease to act for you, we may act or continue to act for another client in circumstances where we hold information which is confidential to you and material to the engagement with that other client. We will not, however, disclose your confidential information to that other client. 

• Queries or Concerns

1. If at any time you are unhappy with any aspect of our service, including your invoice, please let us know as soon as possible. We have eight weeks to consider your complaint. A copy of our complaints procedure is available on request.
2. If you wish to complain about an invoice that we submit to you, you can follow our complaints procedure (see below). You may also ask Court to assess our bill of costs under Part III of the Solicitors Act 1974 subject to certain time limits and conditions.  
3. In the unlikely event that you are not satisfied with the outcome of your complaint, you may contact the Legal Ombudsman by the following methods: 
• By email at [email protected]; or
• By phone on 0300 555 0333; or
• By post at: Legal Ombudsman, PO Box 6167, Slough, Berkshire SL1 0EH 
4. Alternative complaints / dispute resolution bodies do also exist (such as Ombudsman Services, ProMediate and Small Claims Mediation) which are competent to deal with complaints about legal services if we both agree to use such a scheme. If we agree to use such a scheme we will inform you when notifying you of our final response to your complaint. 

• Outsourcing of Work

Sometimes we ask other companies or people to do non-routine photocopying on our files to ensure this is done promptly. We will also 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.

• Storage of Papers and Documents

1. You agree that we may store documents and papers electronically.
2. After completing any matter on your behalf we are entitled to retain all your papers and documents while there is money owing to us for our charges and expenses. Subject to this we will retain our files of papers (except for any of your papers which you ask to be returned to you) for six (6) years from the completion of the matter. We keep files on the understanding that we can destroy them six (6) years after the date of the final bill. We will not destroy documents you ask us to deposit in safe custody but we will make a charge to cover our costs.
3. We will not charge for retrieving papers or documents from storage in relation to  continuing or new instructions to act in connection with your affairs. However, in other circumstances we may make a charge based on time spent producing stored papers or documents to you or to another at your request. We may also charge for reading correspondence or other work necessary to comply with the instructions given by you or on your behalf.
4. If, after the conclusion of your matter, you wish us to retrieve our file from storage there will be a charge of £50 for so doing, in addition to any charge that we may make at our then prevailing hourly rates for retrieving such information or documents as you may require from the file.

• Termination

You may terminate your instructions to us at any time in writing. We may only stop working for you for good reason; for example if you do not pay our invoice, if there is a conflict of interest or a breakdown of communication or mutual confidence, and on reasonable notice. If our relationship is ended by you or us you will pay our fees up until termination plus VAT and disbursements. We will be entitled to retain all your papers and documents while there is money owing to us. The terms of this clause 21 do not apply to any retainer fee arrangements between the parties, which must be terminated in accordance with clause 12.6 above.

• Equality and Diversity

The firm is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees.

• Vetting of Files and Confidentiality

External firms or organisations may conduct audit or quality checks on our practice.  These external firms or organisations are required to maintain confidentiality in relation to your files.

• Regulation

We are authorised and regulated by the Solicitors Regulation Authority of The Cube, 199 Wharfside Street, Birmingham B1 1RN, www.sra.org.uk/sra (SRAID 637344) and we are subject to the SRAs Standards and Regulations 2019 which can be accessed on the following linkhttps://www.sra.org.uk/solicitors/standards-regulations/.

• Client Protection

Working with a solicitor may also provide protection to a client in certain circumstances if a solicitor fails to pay money owed to the client or is dishonest resulting in a loss to the client. Obviously we do not anticipate any such problems arising in your matter but if you would like to learn more about the SRA Compensation Fund you can do so on the SRA website: https://www.sra.org.uk/consumers/compensation-fund/

• Applicable Law and Jurisdiction

This firm’s contract with you is deemed to be made in England and is governed by English law. Any dispute between the firm and you, except in respect of a claim by the firm for its fees and disbursements, shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration in London before a single arbitrator and shall be conducted in the English language. Any dispute between the firm and you in respect of a claim by the firm for fees and disbursements shall be subject to the exclusive jurisdiction of the English courts.