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Terms
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SINGLETONS
Solicitors
The Ridge South View Road Pinner Middlesex HA5 3YD UK
Tel +44 20 8866 1934 * Mobile 07850 399449
Fax + 44 20 8866 6912 * Email susan@singlelaw.com
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Terms of Engagement
1.I will be the person handling the work. I am a solicitor and sole principal of Singletons.
2.If there is ever any matter with which you are not happy please feel free to raise it with me. If you remain unhappy and have a valid complaint you can contact the Legal Complaints Service http://www.legalcomplaints.org.uk/how-to-contact-us.page
3.Unless otherwise agreed I principally charge on the basis of the time spent on the matter and my current hourly charging rate is UK pounds sterling 240 per hour (plus value added tax where relevant). I charge for all time spent on the matter, including travelling and waiting time and telephone calls. I am happy to give you details of current costs at any time as a running total is always available. The amount of costs in litigation which you will have to pay is likely to be greater than the amount you can recover from the other party to the case. If you win damages and/or costs from the other party, you will have to pay me for the cost of recovery of the sums from the other party, where necessary.
4.My hourly rate may be increased from time to time, but you would be given written notice of this in advance.
5.If I incur disbursements, such as court fees and barristers' charges, these will be billed extra and I may need money in advance in appropriate cases.
6.Some clients may be able to obtain free advice via the Legal Services Commission and others may have legal expenses insurance, so please check whether this may apply to you. Limited companies, however, cannot obtain legal aid. Some cases can be done on a "no-win no-fee" basis, although insurance premiums and expenses may still be payable. You would be required to sign a written agreement if we were to proceed on that basis which is not appropriate for most of our work.
7.I bill all clients monthly where there is on-going work, at the end of each month for work done in that month.
8.Bills should be settled within 30 days, interest being charged at 3% over NatWest base rate on overdue bills.You have a right to complain about a bill first to me and then to the Legal Complaints Service (or the Office for Legal Complaints) and/or by applying to the court for an assessment of the bill under Part lll of the Solicitors' Act 1974.
9.I will provide advice and legal services to you with reasonable skill and care and I acknowledge that (subject to the other exclusions and limitations in these Terms) I will be liable to you for losses, damages, costs or expenses (“Losses”) caused by my wilful default. My responsibility shall only extend to the advice and services I provide on matters upon which you have actually instructed me. I will be reliant upon you for the accuracy of the information and/or documentation you provide. I will not be liable to you for any Losses caused wholly or in part by the provision by you of false, misleading or incomplete information or documentation or due to the acts or omissions of any persons other than this firm or arising from any cause beyond my reasonable control. Where you have concerns which are particular to you and not of general application it is your responsibility to advise me. In the event that you are being advised by one of several professionals and a limitation of liability has been agreed in relation to one or more of them, you agree that my liability to you will not be increased due to the limitation of liability agreed by you with other advisers. My liability to you under or in connection with the engagement shall be limited to that proportion of the total losses (after taking into account your contributory negligence, if any) determined to be just and equitable having regard to the extent of my responsibility for the losses in question. My aggregate liability, whether to you or any third party, of whatever nature, whether in contract, tort or otherwise, for any losses whatsoever and howsoever caused arising from or in any way connected with each matter upon which I am instructed and/or advice on it, shall not exceed £2 million. Your rights in respect of any breach on my part of this engagement shall only be enforceable if notice in writing giving all material details of any claim shall have been given to me on or before the second anniversary of the date of this engagement. My liability, whether to you or any third party, in contract or tort or under statute or otherwise shall exclude, any indirect or consequential economic loss or damage (including loss of profits) suffered by you or any third party arising from, or in connection with, the matter on which I am instructed and/or advice on it, however the indirect or consequential economic loss or damage is caused, including my negligence but not my wilful default. Nothing in this section of these terms shall impose on me any liability of any kind or for any amount which I would not have but for this section. Nothing in this section of these terms shall have the effect of restricting my liability in respect of any kind of loss, damage or liability which cannot or must not be excluded or limited under English law.
10.All clients receive a quarterly newsletter by post and email - “Legal Eye” which describes recent legal developments. We also notify clients from time to time about legal developments and courses in which they may be interested including by email. If you do not wish to receive this let us know. You can opt out at any time on notice to us.
11. Nothing in this agreement shall benefit any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
12.Under the Proceeds of Crime Act 2002 I may be obliged, without reference to you, to make a disclosure to the National Criminal Intelligence Service (see www.ncis.co.uk) unless it is information received so that advice may be given about it or unless it comprises the advice itself (privileged information). I therefore reserve the right to give such NCIS notices as I deem appropriate without notice to or discussion with you.
13.After completion of the work I am entitled to keep all your papers and documents until money owed by you to me is paid. You can terminate your instructions to us at any time in writing ,but we may retain the papers until you have paid all charges and expenses owing. I reserve the right to stop acting for you in certain circumstances such as where you cannot give proper instructions or you lose confidence in me or do not pay an interim bill. I will give you reasonable notice of this and you must then pay sums owing. Normally after 6 years your file and papers sent to us will be destroyed without notice to you.
14.Where litigation is undertaken this is not on a conditional fee basis, unless we have signed a separate conditional fee agreement. You are obliged to pay my costs whether you win or lose the action.
15.If there is anything here with which you are not happy please let me know, otherwise we shall proceed on the terms set out above.
16.We are Regulated by the Solicitors Regulation Authority and subject to its Code of Conduct - http:// www.rules.sra.org.uk; Law Society Roll Number 0131514, VAT No. GB 649974958 . My indemnity insurer may change from time to time but currently is XL Insurance Co Ltd http://www.xlinsurance.com/xli/xli/lobby_contact.jsp and I am insured to advise anywhere in the world.
17.The agreement between us is subject to English law and you agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder whether in contract or in tort and we reserve the right to bring legal proceeding in the English courts or the courts elsewhere at our discretion.
Updated 17/12/09
Principal: E. Susan Singleton
Regulated by Solicitors Regulation Authority SRA No. 78030
VAT Registration No. 649 9749 58
www.singlelaw.com
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