Terms & Conditions

1    OUR CONTRACT

1.1    Variation

No variation of these Terms shall be effective unless it is in writing and is signed by one of our Partners.

1.2    DEFINED TERMS

In these Terms of Business: -

"the Company" 

the Company relates to A.M. Phillips – Education Law Ltd. 

"Credit Period"  

 means the period of seven (7) days from the date of our invoice for our fees and/or expenses.

"Documents"    

means Documents Held for you, our documents, and your documents.

"Documents Held for You"    

means documents we create or receive on your behalf (including communications from or with third parties, notes of conversations and meetings, draft and final documents, and instructions to and opinions of barristers).

"Engagement Letter"

means, in relation to any Matter, the letter (or other agreement) recording the basis of our engagement.

"Matter"

means any specific transaction, dispute, or issue in relation to which you ask us to provide Services whether or not it has been defined in an Engagement Letter or other agreement.

"Our Documents"

means documents (other than Documents Held for You) which we create or receive for our benefit (including copies of our letters to you, your letters to us, notes of telephone conversations and meetings with you for which we have not charged you, and our preliminary drafts, research materials and internal notes).

"Services"

means all services we provide to you in relation to the relevant Matter. 

"We", "us", and "our"

means or refers to the Company. 

"You"

includes the addressee of the relevant Engagement Letter and any other person identified in the Engagement Letter as our client and “your” shall have a cognate meaning; and

"Your Documents"  

means documents which you give or lend to us to enable us to provide Services.

2.        OUR AUTHORITY AND SERVICES

2.1      Our Authority

You give us full authority to act for you to the fullest extent necessary or desirable to provide the Services.

2.2      Our Services

2.3      The Director at the Company named in any Engagement Letter will be the Director primarily responsible for the provision of our Services.

2.4       We only advise on the Laws of England and Wales. If you require advice on the laws of other jurisdictions, we will, with your agreement, instruct lawyers practising those laws to give such advice.

3.         YOUR RESPONSIBILITIES

You will (so far as you are practicably able to do so): -

3.1      provide us with timely instructions, information, and materials necessary or desirable for us to perform the Services for you.

3.2      notify us promptly of any changes or additions to instructions, information and materials previously provided by you or on your behalf; and

3.3      ensure that all information provided to us is complete in all material respects and not misleading.

4.         CLIENT CARE CODE

We set out below our complaints handling procedure.  Thankfully, this has rarely been of interest to our clients, but we take this opportunity to ensure that you are fully acquainted with it.

4.1      We want you to be happy with every aspect of our Service.  We therefore operate a Client Care Code, the principles of which are as set out below: -

4.2      You will be told clearly at the outset the issues and how we advise they be dealt with, and the immediate steps we will take on your behalf.

4.3       The Client Care Letter / Engagement Letter (attached to this Terms of Business) notifies you of the following details: -

a)    the name of the person or persons who is/are dealing on a day-to-day basis with your matter; and
b) the name of the Supervising Partner;

4.4    We cannot guarantee that the fee earner will be available on demand, but we will do our best to get back to you promptly and efficiently.

4.5    You will be informed of the progress of your matter and the reason for any serious delay.

4.6    If you do not understand anything, please always ask.  We will explain any important document; if you still are unclear as to the position, please say so.  We want you to be fully informed and happy.

4.7    Never be afraid to ask for an appointment to discuss your case.  Since time is money, do not be afraid to bring a written list of questions and note the answers.  This can also be helpful when telephoning so you do not forget any point.

4.8    There may be certain preparatory tasks that you ought to consider carrying out yourself to save costs.  An example is putting the papers in order and flagging material items.  This is helpful to us and lowers your bill by saving the time we would otherwise spend.

4.9      At the end you will be sent a bill and a letter conCompanying the matter has been completed and, where necessary, summarising any continuing consequences.

4.10    If in doubt, ask.  If you are still unclear or disagree, you can ask for us to confirm it by letter and you can then write with your comments.

4.11    The Company's policy is to only accept up to £600.00 in cash payments from clients. Please discuss directly with the Company if you are not able to pay the balance of the fees / disbursements via your bank account / cheque.  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.

5.        SHARING OF INFORMATION BETWEEN MEMBERS OF THE A.M. PHILLIPS EDUCATION LAW NETWORK.

5.1    We wish to assure you that any sharing of information does not override our obligations set out in paragraph 11 Conflict of Interest.

6.         COMPLAINTS PROCEDURE

We hope that you will not have any reason to make a complaint about our Services.  To underline how seriously we take complaints, we have a set Complaints Procedure.  Please refer to Paragraph 24 entitled "Dispute Resolution".

7.        HOURS OF BUSINESS

The normal hours of opening at our offices are between 9.00 a.m. and 5:00 p.m. on weekdays.  Messages can be left on the answerphone outside those hours and appointments can be arranged at other times when this is essential.

8.        FEES AND EXPENSES

8.1      General

8.2      Unless a fixed fee is otherwise agreed in the Engagement Letter, our fees will be calculated principally by reference to the time spent by us in providing the Services at the fixed hourly rates applicable to the relevant staff.

8.3      Time spent includes but is not limited to emails, telephone calls, letters, personal attendances, preparation, consideration or when your file is otherwise worked on. This will include file reviews which are our regular and periodic reviews of your file to ensure matters are not left dormant. The time spent shall be recorded in 6-minute units which equate to 1/10 of an hour. For example, if a person involved in your matter has a charge rate of £230.00 plus VAT, this means that one unit would equate to £23.00 plus VAT.

8.4    We conduct file reviews on a monthly basis to ensure that cases are being proactively managed, and this ensures files are handled diligently. There is a minimum charge of a 6-minute unit for such a file review each month where necessary.

8.5    You will be responsible for paying the expenses we incur in the course of providing the Services (including travel and subsistence expenses, search and filing fees, court fees and barristers’, foreign lawyers’ and other third parties’ fees and expenses). We have no obligation to pay for such expenses unless you have provided us with the funds for that purpose.

8.6    VAT (if applicable) will be charged at the appropriate rate on all fees and expenses. 

8.7      Limited Companies

When accepting to act on behalf of a limited company, we may require a director and/or Controlling Shareholder to sign a form of personal guarantee in respect of our fees and expenses.  If such request is refused, we will be entitled to stop acting and require immediate payment of our fees on a time spent basis and expenses as set out above.

8.8          Quotations and Estimates

8.9      The provision of figures (orally or in writing) from time to time for the likely cost of a piece of work is an estimate only and does not constitute a contract to carry out the work at that cost.

8.10    The provision of a written quotation for work constitutes an offer to carry out the work at that cost and does not become a contract until you accept the quotation or a defined part of it.

8.11    Unless stated in writing to the contrary, any quotation or estimate does not include any expenses or VAT.

8.12    Where we carry out work which falls outside the scope of an accepted quotation (or of an estimate which is subsequently incorporated into a contract between us) we may charge fees at our fixed hourly rates, in addition to the quoted or estimated fee. We may also charge additional fees on the same basis for work within the scope of such a quotation or estimate which is made more time consuming, onerous, or urgent as a result of: -

a)        circumstances or information which we did not know or could not reasonably have anticipated at the time of the quotation or estimate (whether or not you were aware of them/it); or

b)        your, or your agents’, act, or omission.

9.         OUR INVOICES

9.1    Frequency of Invoices

9.2      Unless otherwise agreed in the Engagement Letter, we will be entitled to invoice you in respect of our fees and expenses weekly and on completion of each Matter. At the end of our financial year, we shall be entitled to bring up to date our invoicing in respect of all your then unbilled work.

9.3      Unless otherwise stated, weekly or other interim invoices are a final account of our fees for all work done during the period to which they relate. You agree that we may bring proceedings on interim invoices which are not final bills where we have provided Services and the amount of the invoice does not exceed the cost of the Services provided at the applicable fixed hourly rates.

9.4      You may pay by cheque or directly into our bank account by following the instructions on the invoice. Please note, a fee of £25 + VAT will be charged when a cheque cannot be processed due to the account holder having insufficient funds.

9.5    Payment Terms
Interest will accrue on all debts over 7 days until the time they are paid at the rate of 8% above the Bank of England’s Base Rate.  Any debts that have to be chased will incur a handling charge based on the value of the debt as below:

If you do not pay any invoice by the end of the Credit Period, or the sum we have requested on account within seven (7) days (or such longer period as we may specify) of our demand, we may suspend or terminate the provision of all or any Services (and instruct any third parties engaged by us to suspend the provision of their services) and may invoice you for all accrued fees and expenses.
You shall not set off any sum due or allegedly due from us to you against amounts due under this engagement.

9.6      Right to Retain Money, Documents and Property 
As a contractual right, in addition to any right to retain money, Documents and property available to us under the general law (lien), we have the right to retain your money, Documents and property (whether held in relation to the Services for which payment has not been made or any other Services) until you have paid us in full.

10.       CONFLICT OF INTEREST

10.1        Definition

“Conflict of Interest” means any situation where: -

10.2    we owe (or, if we accepted your instructions, would owe) separate duties to act in the best interests of two or more clients in relation to the same or a related matter and those duties conflict, or there is a significant risk that those duties may conflict; or

10.3    our duty to act in your best interests in relation to a matter conflict, or there is a significant risk that it may conflict, with our own interests in relation to that or a related matter; or

10.4    we have confidential information in relation to a client or former client, and you wish to instruct us on a matter where: -

a)     that information might reasonably be expected to be material; and

b)    you have an interest adverse to our other client or former client, and for the purposes of this paragraph “you” does not include Associated Entities.

10.5    Similar Activities

We may act for parties engaged in activities similar to or competitive with yours.

10.6    Third Parties

Once we have agreed to act for you in relation to a Matter, we will not act for a third party in relation to the same Matter if there is a Conflict of Interest between that third party’s interests and your interests.

10.7    Instructions Creating a Conflict of Interest

We may decline to act for you where accepting your instructions would create a Conflict of Interest or cause us to break an existing agreement with a third party.

10.8    Cessation of Services

If, whether through a change in circumstances or otherwise, we find that we have agreed to provide Services to you in circumstances which give, or could give, rise to a conflict of interest we will discuss with you how to deal with the conflict and may, be obliged to stop providing Services to you and/or to all other clients affected by the Conflict of Interest.

11.      INFORMATION AND CONFIDENTIALITY

11.1    Information About You

11.2    We may use the information which you provide, or which we obtain through our dealings with you, for the provision of Services and may give it on a confidential basis to our Partners, employees, and agents. We may use it to administer your account with us, including tracing and collecting any debts.

11.3    We may also use it to ensure the safety and security of our premises (where we may also use CCTV); for fraud prevention purposes (including verification checks for our money laundering obligations); to assess client satisfaction (such as by asking you to participate in surveys); and to help improve our services generally.

11.4    We may also use it to contact you by letter, telephone, e-mail or otherwise about our services and about events such as seminars and conferences and to send you briefings and similar material. By signing and returning a copy of any Engagement Letter you are agreeing that we may use your contact details and information in this way. If you do not wish to be contacted, please tick the box provided before returning the copy of the Engagement Letter.

11.5    Our Duty of Confidentiality

11.6    We will treat any information which is confidential to you and which we obtain as a result of acting for you as strictly confidential, save: -

a)    for the purpose of acting for you; or

b)   for disclosures to our auditors or other advisers or for the purposes of our professional indemnity insurance; or

c)  as otherwise required by law or other regulatory authority to which we are subject.

11.7    We may refer publicly to your name as a client of ours, provided we do not disclose any information which is confidential to you.

11.8    We shall be under no duty to disclose to you (or take into account in the course of providing the Services) any information acquired by us in acting for any other client or any information in respect of which we owe a duty of confidentiality to a third party.

11.9    Your Duty of Confidentiality

11.10 Our advice and other communications with you are confidential and may not, without our consent, be disclosed by you to any third party (other than to your employees and agents who require access and who do not disclose it further) or otherwise made public except as required by law or other regulatory authority to which you are subject.

11.11 If, as a result of our acting for you, you acquire any information in respect of which we notify you that we owe a duty of confidentiality to a third party you will keep it confidential and not use it without our consent.

12.      PROTECTING BANKING DETAILS AND EMAIL SCAMS

12.1    The use of emails and the internet provide speed and efficiency.  However, as you will also be aware, these can pose increased risks e.g., viruses, spam, and identity theft etc.  

12.2    Over the last year it is reported that 69% of UK businesses have been affected by cybercrime.  Generally, instances of fraud and email hacking are regrettably on the increase and unlikely to ease into the future as those carrying out these activities are getting more sophisticated.

12.3    If you are happy to proceed with communication by email, in addition to the conditions outlined in our Terms of Business, we need to draw your attention to the following (and this list is not exhaustive):

12.4    We may require you to provide us with written details of your bank account by letter, telephone, or at the first meeting with your fee earner / adviser / case handler.  Please do not send your bank details in an email.

12.5    Please be alert to instances of email hacking.  You should take suitable precautions to ensure you do not expose your email account(s) to a risk of being hacked by a 3rd party.  Please be alert to any signs that might indicate that your email account has been attacked.

12.6    There are some delivery risks in using email and you accept the risk of interception by third parties or of non-receipt or delayed receipt of the message.

12.7    Computer viruses and similar damaging items can be transmitted through emails and by introducing portable storage media into your system.  We use virus scanning software to reduce these risks and ask that you do the same.  However, it is not possible completely to eliminate the risk of introducing viruses.

12.8    We use filtering software to reduce the receipt of spam and the introduction of viruses into our systems.  As there is a risk of filtering out legitimate correspondence, you should not assume that every email will be received.  If there is any indication that an email has not been received, please follow up important communications by telephone. 

12.9    If you are in anyway uncertain, or concerned about any communication received from us, then please telephone your fee earner, or speak to one of our Partners / Directors immediately.  Please do not respond to any such communication by email or take any action until you have verified the authenticity by speaking with us.

12.10 You release us from all claims, losses, expenses, and liabilities caused by any of the risks referred to above and arising directly or indirectly out of the use of email communication.

13.      CUSTODY, RETENTION AND TRANSFER OF DOCUMENTS

13.1    We will, at your request, either during the provision or after completion of any Services, release to you or to your order Your Documents and Documents Held for You, provided that we are not at the time exercising our right to retain documents pending payment of outstanding fees and expenses or are prevented by any court order, undertaking or other legal constraint from doing so. We may copy all of Your Documents and Documents Held for You before releasing them.

13.2    We may at any time scan, microfilm, or otherwise make electronic copies or images of any Documents (other than Documents held in safe custody), destroy the originals, and thereafter hold the Documents only in such copy or image form. Unless expressly agreed otherwise in writing we will keep all Documents whether in original, copy or imaged Form for a minimum of six (6) years, after which we may destroy them and any copies or images of them. The fee for scanning your file may be up to £35 + VAT.  There is a fee of £25 + VAT for retrieving scanned Documents. If you wish to have Documents copied and sent to you by post the fee is £50 + VAT.

13.3    We do not accept responsibility for the loss or damage of any item which we hold on to your behalf unless we expressly agree in writing to the contrary.

13.4    After completing the work, we will be entitled to keep all your papers and document whilst there is still money owed to us for fees and expenses.  We will keep our file of your papers for up to six (6) years, except those that you ask to be returned to you.  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. If we take papers or documents out of storage in relation to continuing or new instructions to ask for you, we will not normally charge for such retrieval. However, we may charge you both for time spent producing stored papers that are requested as well as reading correspondence or other work necessary to comply with your instructions in relation to the retrieved papers.

13.5    Please note that the fees stated in this section are annually subject to review and may increase in the future. 

14.      INTELLECTUAL PROPERTY RIGHTS

14.1    Copyright

We retain copyright and all other intellectual property rights in all documents and other works we develop or generate for you in providing the Services (including know-how and working materials as well as final documents). We now grant you a non-exclusive, non-transferable, non-sublicensable licence to use such documents or other works solely for the Matter to which the Services of developing or generating them relate and not otherwise. If you do not pay us in full for our Services in relation to that Matter we may, on giving you notice, revoke that licence and only re-grant it to you once full payment has been made. We shall have no liability whether in contract or in tort, in negligence, for breach of statutory duty or otherwise for your use or the use by others on your behalf of any such documents or other works for any purpose other than that for which they were intended, prepared, and provided by us.

14.2    Opinions from Barristers and other Third Parties 

14.3    We may retain, for our subsequent use, a copy of the advice or opinion of any barrister or other third party given in written form (or any note of any advice or opinion) obtained in the course of providing the Services. Any barrister or other third party will be instructed on the basis that any such advice or opinion will be so retained.

14.4    If we retain a copy of any advice or opinion in this manner, we will take all reasonable steps to conceal information (such as names, addresses or descriptions) which might reasonably enable you to be identified.

15.      JOINT INSTRUCTIONS

15.1    Where we agree to work on a Matter for more than one client jointly, the rights and obligations of the joint clients to us in relation to the Services will be several (save for obligations to pay money to us, which will be joint and several).

15.2    Each joint client irrevocably permits us to disclose to any other of the joint clients at any time any information which we would otherwise be prohibited from so disclosing by virtue of our duty of confidentiality. If any joint client ends this permission during the provision of the relevant Services, or if a conflict of interest otherwise arises between joint clients, we may suspend or terminate the provision of Services related to that Matter to one or more of the joint clients.

15.3    If any joint client asks us to transfer documents, we will deliver Your Documents to, or to the order of, the joint client who delivered them to us. We will retain any Documents Held for You and will supply copies to each joint client, making the originals available at one of our offices for inspection by any joint client on reasonable prior written notice.

16.      LIABILITY

16.1    Duty of Care

16.2    We will use reasonable skill and care in the provision of the Services. Notwithstanding anything to the contrary contained in the Engagement Letter or these Terms of Business, we shall not be construed as owing any greater duty than the use of reasonable skill and care in accordance with the normal standards of our profession

16.3    Where we make an assessment for you, either expressly or by implication, of the likely level of risk associated with different potential courses of action, you accept that such assessment is made relying only upon the information and documents then available to us and cannot, therefore, be definitive.

16.4    Accordingly, such an assessment should only be used as one element in the making of any practical or commercial decision. You accept that the magnitude or acceptability of a risk is a matter for you.

16.5    The aggregate liability of the Company, whether in contract, tort, under statute or otherwise, and howsoever caused (including but not limited to our negligence or non-performance), for loss or damage arising from or in connection with the Services provided shall, in relation to each Matter, be limited to the sum, unless otherwise agreed, of 1 million pounds (£1 000 000.00).

16.6    We cannot accept any responsibility for any event, loss, or situation unless it is one against which it is the express purpose of your instructions to provide protection.  For the avoidance of doubt, we have no responsibility for your general and longer-term risk management or commercial interests.

16.7    Without prejudice to any other limitation clause elsewhere in these Terms, our liability whether in contract or in tort, in negligence, for breach of statutory duty or otherwise in respect of any claim or series of claims shall not exceed the amount, if any, recoverable by us by way of indemnity against the claim or claims in question under professional indemnity insurance taken out by us.

16.8    If the performance of any part of the Services by us is prevented, restricted or delayed by reason of any cause beyond our reasonable control (including (without limitation) fire, flood and other Act of God, industrial action including strike and lock out, riots, war, armed conflict, trade sanctions, contamination, disease and epidemic, interruption or failure of a utility service, failure of computer or other machinery, and change in law or regulatory requirements) we shall, upon giving written notice to you, be excused from such performance to the extent of such prevention, restriction or delay, provided that we shall use commercially reasonable endeavours to avoid or remove such causes of non-performance or to find an alternative manner or means of performance and shall continue performance as soon as reasonably practicable after such causes are removed. Upon such circumstances arising, we shall discuss with you what, if any, modifications of the terms of this engagement may be required in order to arrive at an equitable solution. 

16.9    No action or proceedings for any breach of this engagement whether in contract or in tort or in delict or in negligence or for breach of statutory duty or otherwise shall be commenced against us after the expiry of 6 years from the date that we finish our services for you under the engagement.

17.      Third Parties

17.1    The Services are provided to and for the benefit of you as our client and you alone. No other person may use or rely upon the Services nor derive any rights or benefits from them. The provisions of the Contracts (Rights of Third Parties) Act 1999 are to that extent excluded.

17.2    The Company alone will provide the Services and you agree that you will not bring any claim whether in contract, tort, under statute or otherwise against any Partner, or any consultant to, or employee or agent of the Company or any service company owned or controlled by or on behalf of any of the Partners and those Partners, consultants, employees and agents shall be entitled to rely on the terms of this agreement insofar as they limit their liability.

17.3    Drafts
Where we provide draft or provisional advice or other materials, that advice or those materials are not to be relied upon as constituting our final view.

17.4    Current Law
The Services are provided in accordance with professional practice requirements and the proper interpretation of the law, as each exists on the date on which the relevant Service is provided. If there is any change in such requirements or the law, or their interpretation, after the relevant Matter has been concluded (or before that time but which could not reasonably be known by us at that time), we have no responsibility to notify you of, or of the consequences of, the change.

17.5    Communication

17.6    We shall communicate with you at the postal and email addresses and the telephone and fax numbers which you publish unless you ask us to use other addresses and numbers. You will notify us if you regard any communications from us as particularly confidential and the means by which you require us to make such communications and we shall have no liability to you arising out of your failure so to notify us.

17.7    Subject to any notification you may make to us under the previous paragraph, we shall not be required to encrypt, password-protect, or digitally sign any email, or attachment, sent by us. We shall not be responsible for any loss or damage arising from the unauthorised interception, re-direction, copying or reading of e-mails, including any attachments. We shall not be responsible for the effect on any hardware or software (or any loss or damage arising from any such effect) of any e-mails or attachment which may be transmitted by us (save to the extent caused by our negligence or wilful default).

17.8    Deadlines

We will try to meet any deadline we agree with you for the performance of any Services but, unless we agree otherwise in writing in relation to any time, date or period for delivery or performance by us, time shall not be of the essence.

18.      PROPORTIONATE LIABILITY

Without prejudice to any other limitation clause elsewhere in these Terms, in respect of any loss suffered by you, for which we and any other party are (on any basis) liable, our liability shall be limited so as to be proportionate to the relative contribution by us to the overall fault giving rise to the loss in question. 

If you accept or have accepted any express exclusion and/or limitation of liability from any of your other professional advisers, our total liability to you arising out of the Services will not exceed the net aggregate of the amount for which we would otherwise have been liable after deducting any amount which we would have been entitled to recover from such adviser as a matter of law whether pursuant to statute or otherwise, but are prevented from doing so as a result of any such exclusion and/or limitation of liability.

19.      EXCLUSION

We shall not be liable for: -

19.1    any loss, damage, cost, or expense arising from any breach by you of your agreement with us or any act or omission of any other person; or

19.2    any advice or document subject to the laws of a jurisdiction outside England and Wales; or

19.3    any loss, cost or liability whatsoever caused by the act, omission, fraud, delay, negligence, insolvency or default of any bank, financial institution, clearing or payments system or of any regulatory, governmental, or supra-national body or authority or of their directors, officers, employees, agents, or representatives; or

19.4    any advice or opinion given to you by any third party (whether or not nominated or recommended by us).

20.      LOSS OF PROFIT

We shall not be liable for any indirect loss or damage or any loss of profit, income, production, or accruals arising in any circumstances whatsoever, whether in contract, tort, under statute or otherwise, and howsoever caused (including but not limited to our negligence or non-performance).

21.      EXCEPTIONS

Nothing in this agreement exempts us from liability arising from our fraud or reckless disregard of our professional obligations; or from our negligence resulting in death or personal injury; or where, in the case of a contentious business agreement, law or regulation prohibits the exclusion of such liability.

22.      TERMINATION

22.1    Completion of Services

An agreement between you and us for the provision of defined Services ends on the completion of the provision of those Services. An open-ended agreement for the provision of Services ends three (3) months after the last date on which we provided Services to you. Unless new or different terms are agreed, our acceptance of instructions to perform Services for you subsequent to the ending of any agreement gives rise, from the time of acceptance of the instructions, to a new agreement on these terms. If we provide you free of charge with any seminar, information, or other document after the ending of an agreement, such provision does not give rise to a new agreement.

22.2    Early Termination

Either you or we may terminate the provision of all or any of the relevant Services at any time by giving written notice to the other. We will not do this without good and substantial reason, such as: -

22.3    the threat or risk of violence, injury, or other danger to the physical, psychological, or moral well-being of any of our personnel; or

22.4    the discovery or creation of a Conflict of Interest; or

22.5    your requesting us to break the law or any professional requirement; or

22.6    the relationship of trust and confidence necessary between solicitor and client ceasing to exist between us; or

22.7    your failure to pay to us any amount due, or money on account requested; or

22.8    your insolvency; or

22.9    your failure to give us adequate instructions; or

22.10 our being forbidden to act by the National Crime Agency; or

22.11 our reasonable belief that our continuing to represent you may cause damage to the professional or personal reputation of our Company or any of its personnel; or

22.12 any other breach by you of these terms.

22.13 Rights on Early Termination

On early termination, by either you or us, you will remain liable to pay all fees and expenses incurred before termination and due under our contract or due on the basis of the time spent at our usual hourly rates, whichever is the less, together with any further fees and expenses for work necessary to transfer our files to another adviser of your choice. All our rights set out in these terms shall continue to apply even if we terminate the agreement.

22.14 Financial Services

If during the course of the matter upon which we are advising you, you need advice on investments, we may have to refer you to someone who is authorized by the Financial Conduct Authority, as we are not.

23.      GENERAL

23.1    Severability

Each of these terms shall be severable and distinct from the others and if any term is held to be illegal, invalid, or unenforceable, in whole or in part, the remaining terms shall not be affected.

23.2    Equal Treatment / Equality and Diversity

Consistent with our internal policies and procedures, we will not discriminate in the way we provide our Services on the grounds of age, disability, gender re-assignment, marriage and civil partnerships, pregnancy and maternity, race (including colour, nationality [including citizenship] ethnic or national origins), religion or belief, sex, sexual orientation.

24.      DISPUTE RESOLUTION

24.1    Scope

All claims, complaints and disputes arising out of or in connection with the Services ("Disputes") will be resolved pursuant to this paragraph. 

24.2    Complaints Procedure

24.3    We hope you will have no complaint. To underline how seriously we take complaints, we have a set Complaints Procedure which can be summarised as follows: (a copy of our full complaints procedure is available on request or via our website.

a)    If you have any complaint or observation (good or bad) about our service, please say so.

b)      Raise any complaint first with the Director assigned to your matter, including any complaint about your bill.

24.4    Exclusions 
We shall not be obliged to comply with paragraph 24 above in relation to any Dispute in which we seek: -

24.5    an order or award (whether interim or final) restraining you from doing any act or compelling you to do any act; or

24.6    a judgment or award for a liquidated sum to which there is no arguable defence (provided that the exception shall cease to apply, and the Dispute may be referred to arbitration on the application of either party if the court decides that you should have permission to defend the claim); or

24.7    the enforcement of any agreement reached, or any binding order, award, determination, or decision made pursuant to paragraph 24 above, nor shall anything in this paragraph inhibit us at any time from serving any form of demand or notice or from commencing or continuing with any bankruptcy, winding up or other insolvency proceedings.

25.      LAW AND JURISDICTION

The terms on which we provide Services to you are governed by, and shall be construed in accordance with, English law. You and we each agree to submit to the exclusive jurisdiction of the English courts, provided that we may in our sole and unfettered discretion commence proceedings against you in any other Court.

26.       DISCLAIMERS

26.1    Tax

We are not qualified to advise you on the tax implications of transactions you instruct us to carry out, or the likelihood of them arising. If we provide you with any information regarding tax, this is for general information purposes only and is not intended to constitute advice which relates to your particular circumstances or which can be relied upon by you.  You should always follow up such information by seeking advice from your accountant or other suitably qualified professional.

27.       DATA PROTECTION

Please read this in conjunction with our Data Protection Policy which applies to these Terms and Conditions of Business https://www.amphillips.co.uk/privacy

 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, legal and regulatory compliance. Our use of that information is subject to your instructions, the UK General Data Protection Regulation (UK GDPR) framed withing the Data Protection Act 2018 (DPA 2018). Please note that our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access under data protection legislation to the personal data that we hold about you. We may from time to time send you information by email which we think might be of interest to you. If you do not wish to receive that information please notify our office in writing, or by emailing adrian@amphillips.co.uk.

28.      PROVISIONS RELATING TO LITIGATION AND OTHER WORK IN RELATION TO DISPUTES

This paragraph contains further contractual provisions and important information which we are professionally obliged to give you where the Matter relates to litigation or the resolution of disputes by other means (including a non-contentious Matter which becomes contentious or gives rise to further instructions on a contentious Matter).

28.1    Costs Risk

28.2    In litigation matters, the Court may decide to order one party to pay the costs of the other. The Court usually orders the unsuccessful party to pay all or a part of the successful party’s costs, although there is no certainty about this. The successful party usually recovers a proportion of its costs from the unsuccessful party, although there is no certainty about this. You should be aware that: -

a)     If you make an interim application to Court which does not succeed, you may have to pay the other side’s costs, usually within two (2) weeks.

b)    If you lose the case, you may have to pay the other side’s costs and it is not usually possible for you to withdraw from the case without dealing with the issue of those costs.

c)     Costs awarded have to be proportionate to the value of the dispute and, in the ordinary course, recovered costs from the other side rarely exceeds sixty to seventy per cent (60-70%) of actual expenditure.

d)    You will still be liable to pay our costs in full, even if the other party fails to pay the costs awarded to you by the Court.

28.3    Issues which the Court may take into account in assessing the costs payable or recoverable include:

a)     efforts made before and during the proceedings to try to resolve the dispute, including the appropriate use of mediation and other alternative dispute resolution procedures.

b)    the effects of payments into court and offers of settlement.

c)     the complexity and size of the Matter and the difficulty or novelty of the questions raised.

d)    the skill, effort, specialised knowledge, and responsibility involved.

e)     the time spent.

f)     the place and Circumstances in which the work was done.

28.4    If the other side is or becomes legally aided, it is highly unlikely that you will recover your costs, even if you are successful.

28.5    If you are unsuccessful, or the Court so orders for some other reason, you may be ordered to pay the other side’s costs. We will discuss with you probable outcomes to help you decide if this will justify the expense/risk.

28.6    Some documents are ‘privileged’ from production to the other party in an action.  Broadly, this includes all documents created in anticipation of litigation for the purposes of seeking legal advice.  Please do not assume that all documents created in connection with this matter will be privileged.  We recommend that you seek advice from us before any document is created which might fall into this category.  This will be particularly important if you are corresponding directly with the other party or parties on a ‘without prejudice’ basis.

28.7    Funding

28.8    Legal expenses insurance may be included in your contracts of insurance and you should check your policies to see if you are covered. Your policy may cover your costs and/or your liability to pay the other side’s costs. If you believe you are covered, please discuss this with us so that we can assist you in notifying your insurer. If you do not have legal expenses insurance, you may be able to purchase insurance to cover you in the event that you have to pay the other side’s costs.

28.9    Statements of Truth

Under the Civil Procedure Rules, all statements of case (the term for pleadings which includes documents such as claim forms, defences, and witness statements) and certain other documents, must be verified by a statement of truth, to the effect that the party putting forward the document believes the facts stated in it are true. Making a false statement of truth is potentially a contempt of Court.

Whilst a statement of truth can be signed by you or your legal representative, it is our policy that you should sign your own Statement of Truth.

28.10 Attendance at Hearings

Please be aware that, under the Civil Procedures Rules, the Court can Order you to attend hearings. We will discuss this with you further as your case progresses.

28.11 Alternative Dispute Resolution

As part of the active management of a case under the Civil Procedure Rules, both the Courts and the parties in a dispute are required to consider the use of alternative dispute resolution (“ADR”) if it is considered appropriate to help to resolve the dispute. ADR includes methods of dispute resolution such as mediation, adjudication, and expert determination.

There have been occasions when the Courts have imposed costs penalties on parties who unreasonably refuse to consider ADR. We will discuss both the methods of ADR and any possible costs implication further with you if and when it becomes appropriate.

29.      REGULATIONS AFFECTING YOUR CANCELLATION RIGHTS

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

29.1    If we have not met you either in person (because, for example, instructions and signing of the contract documentation is taking place by telephone/mail, e mail or on-line – i.e.,: by way of a “distance” contract) or we have taken instructions and a contract has been concluded away from our business premises (because, for example, we have met with you at home – i.e.,: by way of an “off-premises” contract) and the contract was entered into on or after 14 June 2014, you have the right to cancel this contract within 14 calendar days of entering into the contract without giving any reason.

29.2    The cancellation period will expire after 14 calendar days from the day of the conclusion of the contract.

29.3    To exercise your right to cancel, you must inform the Company of your decision to cancel this contract by a clear statement (e.g.: a letter sent by post, fax, or e mail).  To meet the cancellation deadline, you must send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

29.4    Should you require the work to be commenced within the 14-calendar day cancellation period, you must provide your agreement to that in writing, by e mail, post, or fax to enable us to do so. 

Where you have provided your consent for work to commence within the 14-calendar day cancellation period and you later exercise your right to cancel, you will be liable for any costs, VAT and disbursements incurred up to the point of cancellation.  Unless you make an express request for us to commence work within the 14-day period (i.e., by providing your agreement to that in writing, by e mail, post, or fax to enable us to do so), we will not be able to undertake any work during that period.

30.      INSURANCE

We have a legal duty to tell you about our professional indemnity insurance. We have an obligation to carry such insurance and our insurers are: -

Simply Business, Sol House, 29 Katherine’s Street, Northampton NN1 2QZ. The insurance covers our practice carried on from our offices in England and Wales and will extend to acts or omissions wherever in the world they occur. 

This page was last updated 3 years ago