Terms and Conditions of Business

1. Introduction

1.1 These Terms and Conditions of Business (the ‘Terms’) are provided to comply with standards recommended by the Law Society and the Solicitors Regulation Authority. They are intended to explain to clients as clearly as possible the basis upon which we will act. This is an important document and should be kept safely for your future reference.

1.2 The Terms are in addition to those explained in our Client Care Letter and any separate funding agreement we may enter into. Some points may be covered in more than one document. In the event of any conflict or doubt, the order in which these documents will take precedence is as follows: i) Client Care Letter ii) funding agreement iii) Terms.

1.3 These Terms do not affect the statutory and common-law rules which govern the work carried out by solicitors. However, if there is any conflict between such rules and these Terms, the Terms will prevail as far as it is possible for them to do so.

1.4 Prince Evans Solicitors is a Limited Liability Partnership (‘LLP’). When ‘you’ and ‘we’ / ‘us’ / ‘our’ are used in these Terms, they mean the client for whom we are acting and Prince Evans Solicitors LLP respectively.

1.5 A list of Partners and Members respectively is available for inspection at Craven House, 40-44 Uxbridge Road, Ealing, London W5 2BS. We are licensed and regulated by the Solicitors Regulation Authority (the ‘SRA’) and our registration number is 560054. Our VAT number is GB 226 8966 22.

1.6 These are our standard Terms as at 1st August 2023. Your continuing instructions will amount to your acceptance of these Terms, whether or not you provide formal written acceptance. If you provide us with further work concerning matters other than that with which this instruction is concerned, these Terms will be deemed to continue to apply unless agreed otherwise or superseded by another version.

1.7 These Terms supersede any prior representation, arrangement, understanding or agreement between us relating to services undertaken by this firm whether written or oral. They can only be altered in writing in the form of a notice to you, or by the posting of such a notice on our website, or in our waiting or reception areas.

1.8 We are free to assign these Terms or any other retainer to any successor body of this business without notice to you, and in such an event these Terms will continue until such time as you receive notification in writing from us.

2. Place of Business

2.1 Our offices are located at Craven House 40-44 Uxbridge Road, Ealing, London W5 2BS. The normal hours of business are between 9.15 am and 5.30 pm on weekdays. Appointments can be arranged outside those hours by prior arrangement when essential.

2.2 If you require assistance in finding us, please telephone our Reception on 020 8567 3477 or visit our website www.prince-evans.co.uk. Please note that parking at the front of the building is very limited.

2.3 Should you have any special mobility or other requirements, please let us know as soon as possible and we will do our utmost to accommodate these.

3. Responsibility for Work

3.1 The person primarily responsible for handling your matter and the Partner with ultimate responsibility are set out in our Client Care Letter.

3.2 We will try and avoid changing the people responsible for dealing with your matter but this may be unavoidable or in your best interests. In this event, we shall of course provide you with the relevant details.

3.3 In some circumstances, it may be appropriate for work on your behalf to be carried out by other members of staff such as a more junior solicitor, a paralegal, secretary or other support staff. This allows for a more efficient service to you. All work is carried out under appropriate supervision and an appropriate rate is charged.

4. Communication

4.1 If you wish our normal form of communication with you to be something other than traditional posted letters (for example, e-mail) please inform the person handling your matter and we will do our best to accommodate this. Similarly, please let us know about any other preferences or special needs you may have.

4.2 E-mail enables us to communicate more quickly with our clients. However this method does not suit all clients and some have concerns about its security, especially if the e-mail is in a non-encrypted format. Whilst we have taken steps to ensure the security of our system it must be appreciated that no system is 100% secure and your agreement to use e-mail as a method of communication is given on this understanding.

4.3 If you provide us with an e-mail address at any stage, we will proceed on the basis that you would like us to communicate with you by e-mail whenever possible (to include sending Bills). If you do not wish to be communicated with by e-mail, please notify us immediately.

4.4 If the person dealing with your matter is unavailable when you call, please leave a message and your call will be returned as soon as possible. Alternatively, you can speak to a colleague, who will try to help. To help us keep in touch, please let us know immediately of any change to your telephone number or other contact details.

4.5 Generally, we try to communicate with each of our clients at least once every 6 weeks. However, it is sometimes appropriate to communicate on a more regular basis. Occasionally, it might be appropriate to communicate less frequently. We also try to return telephone calls within 48 hours and respond to letters / e-mails within 7 days. If we have agreed a specific service level agreement with you this will, of course, take precedence.

5. Our Complaints Procedure

5.1 We try hard to provide the highest quality legal advice and client care. However, we do realise that at times your expectations may not be met or you may have concerns or queries. At any stage, if you have a concern about any aspect of the service provided by this firm, including the bill, please raise it initially with the person who is handling your matter.

5.2 If that person cannot resolve the problem, or it is not appropriate for them to deal with the complaint, please contact the Partner with overall responsibility for your matter. The Partner’s details are set out in the letter we send you when we accept your instructions.

5.3 If this does not resolve the problem, then please contact our Complaints Manager, Javaid Ramzan, on 020 8799 1826 or at javaid.ramzan@prince-evans.co.uk. We will try to resolve any issues as quickly and amicably as possible. A copy of our full Complaints Handling Policy is available on request.

5.4 You may also ask the Legal Ombudsman to consider the complaint. The Ombudsman accepts complaints from individual and small businesses, charities or associations. Normally, you will need to bring a complaint to the Ombudsman within six months of receiving a final written response from us about your complaint. Otherwise, the time limit for the Legal Ombudsman accepting a complaint is one year from the date of the act or omission or one year from when you should have known about the complaint.

5.5 The address for the Legal Ombudsman is P.O. Box 6806, Wolverhampton WV1 9WJ and the telephone number is 0300 555 0333. The web address is http://www.legalombudsman.org.uk

5.6 Please note that if your complaint relates to our fees, you may also apply to the Court for an assessment of the bill under Part III of the Solicitors Act 1974 although the Legal Ombudsman may not deal with your complaint if you have already applied for an assessment.

5.7 An ODR online platform has been created by the European Commission and is designed to help clients and law firms try and resolve complaints that have not been resolved using the firm’s internal complaints procedure. The ODR platform can be accessed here http://ec.europa.eu/odr

6. Our Responsibilities to Each Other

6.1 We shall keep you informed of progress, notify you of any changes in circumstances that might have an impact on your matter, keep you updated of the costs of running your matter and (subject to operational matters such as Court commitments) we will respond promptly to any enquiries that you might raise.

6.2 In return, we ask that you provide us with clear, timely and accurate instructions, respond promptly to our requests for documents, information or instructions and safeguard any documents which are needed for your matter. You should be aware that our duty to the Court takes precedence over all other considerations and we are unable to take any action which we consider improper.

7. Fees

7.1 We are sometimes able to give fixed price quotations for certain types of work e.g. residential conveyancing, straightforward wills etc. If an oral estimate is given, it will only become a valid quotation if and when it is confirmed in the Client Care Letter. Quotations will expire, unless otherwise specified, if the work is not completed and all outstanding amounts paid within three months of the date of the quotation.

7.2 Quotations and estimates are based on the assumption that any money due to us, whether in respect of fees or disbursements, is paid in accordance with these Terms.

7.3 In other matters we will give you an estimate of what our fees may be, but often such an estimate can only be very approximate as fees will vary substantially as a result of circumstances beyond our control. In some matters, estimates may have to be revised from time to time, and separate estimates may have to be given for each stage of the matter.

7.4 If the need for unforeseen additional work arises we will notify you of this need and provide an estimate of the cost. Usually, this would be done before the work is carried out but circumstances might require that we notify you retrospectively. Such additional work might arise because of unexpected difficulties, changes in your requirements, changes in circumstances etc.

7.5 The time we spend will include (but not be limited to) the following types of activities: necessary personal meetings, drafting of documents, reviewing and commenting upon documents, peer and supervisor file reviews, Court advocacy, dealing with routine telephone calls, letters, faxes and e-mails, dealing with calls, letters, faxes or e-mails of a more lengthy and complicated nature, travel and time spent associated with such travel requirements etc.

7.6 In addition to the time spent, we may take into account a number of factors which include the complexity of the issues, the speed at which action must be taken, the expertise or specialist knowledge that the matter requires and, if appropriate, the value or benefit to the client of the work involved. Usually these factors are adequately covered by the hourly rate, but if this is not the case the revised rate and the reasons for this will be explained to you before it takes effect.

7.7 Our hourly rates are reviewed annually, and we will advise you of any change to the hourly rate that is relevant for your matter. VAT (for which the current rate is 20%) is added to our fees.

7.8 Unless and until a fixed fee or alternative fee arrangement has been confirmed in writing by us, the basis for calculating our fees is predominantly by reference to the time spent by the people dealing with the matter. The time charged relates to all time spent on the matter. This will include attendances upon you and others, any time spent travelling, considering, preparing and working on papers and correspondence, and making and receiving telephone calls.

7.9 The Client Care Letter will state the hourly rates for the people with conduct of your matter, together with a best estimate of the likely fees. Each person’s time is charged out at an hourly rate which reflects overhead costs. Short, routine letters and e-mails sent out by the firm are charged at 6 minutes per page, telephone calls in 6 minute units, and the consideration of short, routine letters and e-mails received at 6 minutes per page. For the avoidance of doubt, letters and e-mails which take more than 6 minutes to prepare or consider are charged at the time actually spent.

7.10 Where your instructions require that interviews or other work is carried out outside our normal office hours, we reserve the right to increase the hourly rate.

7.11 The hourly rates set out above are normally reviewed once a year to take effect from the 1st January, and to take account of changes in salary and other overhead costs. Details of any revision of rates occurring during the continuance of a matter will be notified to you.

7.12 In property transactions and in the administration of estates, and other transactions involving a substantial financial consideration or benefit to the client, fees may be calculated both by reference to the time spent, and also by a reference to a value element based on a number of factors – for example, the value of the property, the size of the estate or by reference to the value of the financial benefit involved. Further, it is also relevant to consider the skill and responsibility and specialised knowledge involved in connection with the particular transaction and advice required. The value element reflects the importance of the transaction and the consequent responsibility falling on the firm. In such cases it may also be appropriate to increase the hourly rate in accordance with the Law Society’s guidelines.

7.13 Fees are payable whether or not a matter is completed. If a matter does not conclude for any reason, then we will be entitled to charge for work carried out on the basis set out above, but will do so by charging a proportionate amount of our fee depending on the stage reached. The fees will not, of course, exceed those proposed for the completed transaction.

7.14 We reserve the right to charge a supplemental fee, at our standard hourly rates, for additional work carried out following completion of the main instruction. Such work includes, for example, dealing with disputes about retentions held by any party, although we are not required to defend or pursue ancillary contractual/tortious claims on your behalf. We may be prepared to enter into a separate retainer with you in relation to the latter.

8. Payments Made by Us on Your Behalf

8.1 Your matter may also involve payment of expenses (sometimes called disbursements) to third parties, for example for searches, couriers, travel, subsistence, Court fees, barrister’s fees or the fees of other experts or consultants.

8.2 On certain conveyancing matters, the company which manages the lender’s panel of solicitors will charge an administration fee of £25 plus VAT. You agree to be responsible for this fee.

8.3 Where we are instructed to send money electronically to another firm of solicitors, and in light of the increasing risk of fraud, it is sometimes appropriate to conduct a ‘Lawyer Checker’ search against the bank account details provided. This is in order to satisfy ourselves that the solicitors are bona fide and the details are correct. A fee of £18 plus VAT is payable in respect of the search.

8.4 You agree for us to pay minor disbursements on your behalf without seeking specific authority from you.

8.5 We may require payment from you before incurring the disbursement, unless funds have been provided by you for that purpose.

8.6 Disbursements will be shown separately on your invoice and will be charged in addition to our fees. Some disbursements may be subject to VAT. They will be collected from you in advance of payments to be made on your behalf to any third party as described above. It is essential that monies for disbursements are paid promptly by you as failure to make payment may delay your transaction or matter.

9. Additional Fees

9.1 We charge a telegraphic transfer administration fee of £30 plus VAT. This charge includes a £10 fee to our bankers.

9.2 In addition, we charge for photocopying. Our current charges for photocopying are at the rate of 25p plus VAT per page for black and white copies and £1 plus VAT per page for colour photocopying. Should specialist photocopying be required, or a bulk copying of documents, we reserve the right to outsource this in which case the costs will be treated as a disbursement and will be subject to VAT.

9.3 In the case of conveyancing transactions where forms have to be completed to comply with Stamp Duty Land Tax regulations, an additional charge will be made for the completion of those forms and any ancillary correspondence which may arise with the SDLT Office. This sum will be a minimum of £25 plus VAT and, if greater, we will advise you of the additional cost.

10. Payment of Fees

10.1 In property transactions, an account will normally be rendered following exchange of contracts and payment is required prior to or upon completion. Where sufficient funds are payable to the client upon completion, amounts due to us shall be deducted from such funds unless otherwise agreed.

10.2 In the administration of estates, it is our usual practice to deliver interim accounts at appropriate intervals during the administration, with the final account being prepared when the estate accounts are delivered for approval.

10.3 In other matters, it is normal practice to request payment from time to time on account of the fees and disbursements which are anticipated in the following weeks or months. It is helpful if you make such payments promptly as failure to make payment may delay your transaction or matter. We find that clients often appreciate interim accounts in matters which are likely to proceed, due to their nature, for over three months. This enables clients to budget for costs as the matter progresses.

10.4 In the event of an interim account or a request for payment on account not being paid, we reserve the right to decline to act further in the matter. The full amount of work carried out up to that date will be the subject of a final account rendered and will be a debt due from the client.

10.5 Cheques for the purposes of paying our invoices should be made payable to Prince Evans Solicitors LLP. You may also arrange an inter-bank transfer of funds or pay by debit or credit card. If you wish to do either of the latter, please contact our Accounts Office for their assistance or visit our Reception.

10.6 We may charge a fee for our time in transferring funds through the banking system (eg CHAPS, Faster payment or BACS payments) or the provision of banker’s drafts. Our bankers may also charge us for such transfers and these charges will appear as a disbursement on your invoice. Charges will also be made where cheques credited to your account with us are not honoured.

10.7 Where we are instructed by more than one person or legal entity to represent their joint interests, those instructions will be considered to be joint and several unless we have otherwise agreed in writing. This means that we can ask any one of those instructing us for payment of all and any monies due to us, leaving the payer to collect the appropriate contributions from the other or others.

10.8 Unless we are informed in writing that your costs are being covered by another source, and we agree in writing to receive payment from that source, you will be solely responsible for payment of our fees.

10.9 Where the client is a company, we may require the directors to personally guarantee the liabilities of that company. We reserve the right to stop acting at any stage in the absence of such a guarantee.

10.10 By instructing us, you specifically agree to accept service of Bills and invoices by any method or methods we consider appropriate, including electronic methods such as e-mail.

11. Controlling Your Payments

11.1 There are a number of ways to pay your fees. The person handling your matter will advise you at the outset of the method we will accept. However, please feel free to discuss this with us at any time. The payments will vary according to the type of work and other factors. The options are:

• One final bill at the end of the matter. This will definitely apply if your matter is completed in a short period of time.
• A fixed fee may be agreed which will set the maximum amount to be paid unless exceptional and unforeseen circumstance arise.
• You may set a limit on the charges to be incurred without further reference to you. We would inform you as soon as it appears that any such limit may be exceeded, and we would not exceed this limit without further obtaining your consent. You would be liable for any charges incurred up to the agreed limit.
• Payments on account give us an amount of money on a regular basis and this is set against fees as they arise and any later formal bill gives credit for these amounts. However, the final bill may exceed the total of sums paid in advance by this method. This method is particularly relevant in litigation matters where regular expenses arise and their prompt payment is needed to avoid delaying proceedings.
• Interim bills are periodic bills issued either at an agreed time or when a certain level of fees has been reached. The bills should be paid on the same basis as the subsequent bill at the conclusion of your matter (see below).

11.2 Where we hold funds due to you (for instance damages recovered for you or from the sale of a property) we will account to you for those funds having deducted in full all outstanding fees, disbursements and VAT.

12. Interest on Unpaid Bills

12.1 Invoices for our services and any related expenses or disbursements are payable within one calendar month of the invoice date. If payment is not received in full we reserve the right to terminate the retainer or cease work until payment is received and/or charge interest at the current statutory rate applicable to judgment debts on the amount owed calculated from the date of the invoice to the date payment is received.

13. Third Party Costs

13.1 In litigious matters you are responsible for paying our charges and the expenses incurred on your behalf in all circumstances. We will discuss with you whether and when another party or person may be legally required to pay them.

13.2 If you succeed in Court proceedings or through a form of settlement another party or person may be required to pay our charges and expenses instead of you or may be required to pay only a part of such charges and expenses. Although this might be the case they may refuse to pay or not have the funds to pay. Alternatively, if another party is legally aided it is unlikely that that party will be required to pay our charges and expenses incurred even if you succeed in a case against them. In all these circumstances you will responsible for paying any or all of our charges and expenses incurred which are not, in fact, paid by another party or person.

13.3 If a Court requires another party or person to pay all or some of our charges and expenses incurred, interest on these can also be claimed in addition from the date of the Court order. We will account to you for such interest to the extent that you have paid our charges or expenses on account but we are entitled to the rest of that interest.

13.4 You will be responsible to pay the charges and expenses of trying to recover any charges and expenses that the Court orders the other party or person to pay.

13.5 A Court may also require you to pay the legal charges and expenses incurred by another party, usually when you are not successful in legal action against them or they are successful in legal action against you. Such payments would be in addition to our charges and expenses incurred.

14. Value Added Tax

14.1 Value Added Tax (‘VAT’) is payable on all of our fees at the prevailing rate (currently 20%).

14.2 When our invoice to you is paid by a third party and you are registered for VAT then you must pay the VAT element of our invoice, and subsequently reclaim it, if you are able, from HM Revenue & Customs.

15. Interest Policy

15.1 In accordance with the SRA Accounts Rules, Rule 7, we are required to account to our clients for a fair sum of interest on money held by us in our client account. We hold all client money in an instant access account to facilitate transactions. As a result, the rates of interest paid under this policy are unlikely to be as high as those obtainable by a client on the open market.

15.2 Interest is paid gross, without deducting tax at source. Clients will be responsible for declaring any interest to HM Revenue & Customs.

15.3 Interest will normally be accounted for at the conclusion of the matter and will be calculated using the rate which our bankers, Barclays, use on their instant access Business Premium deposit account over the period that interest is due.

15.4 Interest due to a client on a matter accrues once client funds have been received and cleared. Interest is not payable on uncleared funds.

15.5 We reserve the right to set off any interest due to you against any amounts due to us.

15.6 We will not account for interest:

• where the amount of interest calculated is £50 or less
• on money held for payment of a professional disbursement if the person to whom the money is owed has requested a delay in settlement
• on any advance from us to you into our client account to fund a payment on your behalf
• where there is a written agreement for a different arrangement concerning the payment of interest to the client or third party for whom the money is held in accordance with Rule 7.2 of the SRA Accounts Rules.

15.7 We exclude any and all liability whatsoever in the event that any bank fails to repay any or all monies held or collapses, becomes insolvent or enters any scheme of arrangement with its creditors, even if the Financial Services Compensation Scheme (or any such scheme) fails to award full compensation to the clients with monies in the firm’s client account. This does not affect your statutory rights.

15.8 We will not be liable to you or any third party for any loss or damage suffered as a result of any act, omission, fraud, delay, negligence, insolvency or default of any bank, financial institution, clearing or payments system nor that of the directors, officers, employees, agents or representatives of any of the foregoing. We will not pay interest to you where for any reason we are prevented by law from doing so and in such circumstances will have no liability for non-payment. Nothing in this policy excludes our liability below the minimum level under the SRA Indemnity Rules 2012.

16. Proof of Identity and Money Laundering Regulations

16.1 Recent legislation on money laundering and terrorist financing has placed solicitors under a legal obligation to obtain satisfactory evidence of the identity of their clients and the source of any funds. In most situations we are unable to act until evidence of your identity has been provided. The Client Care Letter goes into more detail as to the type of evidence which is suitable in your circumstances. If you are not able to provide the type of evidence of personal identity and residence requested but are able to offer alternative evidence, this will only be acceptable with our prior written agreement. Please note that we will not be able to accept money for or from you until these checks are completed and this may affect our ability to provide services to you.

16.2 Where appropriate, we reserve the right to charge a Client Due Diligence administration fee. For each individual, the standard charge is £5 (plus VAT), which includes £2.80 (plus VAT) to a third party Anti-Money Laundering service provider. For UK companies, the charge is £15 (plus VAT), which includes a minimum of £8.31 (plus VAT) to a third party Anti-Money Laundering service provider. For non UK companies, we will confirm the charge on a case-by-case basis.

16.3 Solicitors are under a professional and legal obligation to keep the affairs of their clients confidential. This obligation, however, is subject to a statutory exception which relates to recent legislation on money laundering and terrorist financing. This has placed solicitors under a legal duty, in certain circumstances, to disclose information to the National Crime Agency. Where a solicitor knows or suspects that a transaction on behalf of a client involves money laundering, the solicitor may be required to make a money laundering disclosure. If this happens, we may not be able to inform you that a disclosure has been made or the reasons for it.

16.4 We are required to conduct Client Due Diligence and ordinarily perform an online identity verification check on one or more occasions. This is for Anti-Money Laundering purposes and supplements our other checks. The online check leaves a light ‘footprint’ against your name, although this has no bearing on your credit file. However, we may also conduct a credit check, which may impact on your credit file.

16.5 You consent to our making such identity and credit checks as we see fit and, where appropriate, you accept responsibility for the costs involved. We are obliged to keep records of your identity for at least 5 years. Should you not agree to our carrying out such checks, then please confirm in writing. In such circumstances, however, we may be unable to act for you.

16.6 We reserve the right to terminate the retainer with immediate effect in the event that we have any concerns in relation to Client Due Diligence carried out at any stage (including but not limited to online bankruptcy and Anti-Money Laundering searches). In certain circumstances, we may be unable to explain such concerns to you.

16.7 During our initial discussions with you it will be necessary for us to ask you certain questions regarding your identity (including evidence of your place of residence). This is an obligation imposed on us under the regulations.

16.8 We may also have to ask other questions concerning the proposed source and flow of funds which may arise during your transaction. These questions are necessitated by us having to comply with the legislation. However, by raising these matters we will be able to provide you with appropriate advice so that you and we do not unwittingly become exposed to a breach of the rules.

16.9 Unless you have a prior agreement with us whereby funds are to be remitted direct into our bank account, we are not able to accept any money which is transferred or paid into our Client or Office accounts. Any such unauthorised receipt of funds may result in a delay of in the matter being subject to an investigation.

16.10 We are also not able to make payments to third parties on your behalf, other than in respect of pre-agreed payments to persons or bodies such as your mortgagees in respect of the redemption of your mortgage or bank loan, your estate agent, surveyor or local authority or utility companies.

16.11 We are unable to accept cash in excess of £500.00 in respect of any matter. We are unable to accept payments from third parties on your behalf unless these have been authorised by us in advance.

16.12 Our bank details rarely change. Should you receive notification of such a change, whether by e-email or otherwise, please ensure that you speak to the person handling your matter before making any payments. This is in order to defeat any attempted fraud.

16.13 On matters where we are instructed to send money electronically to another firm of solicitors, and in light of the increasing risk of fraud, it is sometimes appropriate to conduct a ‘Lawyer Checker’ search against the bank account details provided. This is in order to satisfy ourselves that the solicitors are bona fide and the details are correct. A fee of £18 plus VAT is payable in respect of the search.

17. Data Protection

17.1 Our use of your personal data is subject to your instructions, the EU General Data Protection Regulation (GDPR), other relevant UK and EU legislation and our professional duty of confidentiality. We take your privacy very seriously. Our Privacy policy may be found on our website and through a link in emails from us. It sets out: what personal data we collect about you and how that data is collected; how, why and on what grounds we use your personal data; who we share your personal data with; where your personal data is held and how long it will be kept; whether your personal data may be transferred out of the European Economic area and, if so, the measures taken to protect that data; your rights in relation to the personal data we hold or use; the steps we take to secure your personal data; how to make a complaint in relation to our use of your personal data; how to contact us with any queries or concerns in relation to your personal data.

17.2 We use your personal data primarily to provide legal services to you, but also for related purposes including: conducting checks to identify you, verify your identity and screen for financial or other sanctions; gathering and providing information required by or relating to audits, enquiries and investigations by regulatory bodies; complying with professional, legal and regulatory obligations that apply to our business; ensuring business policies are adhered to, eg policies covering security and internet use; operational reasons, such as improving efficiency, training and quality control; ensuring the confidentiality of commercially sensitive information; statistical analysis to help us manage our practice; updating and enhancing client records; preventing unauthorised access and modifications to systems; preparing and filing statutory returns; ensuring safe working practices, and monitoring and managing staff absences and staff access to systems and facilities; staff administration and assessments, monitoring staff conduct, and disciplinary matters; marketing our services; external audits and quality checks, eg for accreditations.

17.3 You have the right to request access to and rectification or erasure of data, to object to and request the restriction of processing and to data portability.

18. Termination of Instructions and Abortive Work

18.1 You may terminate your instructions to us at any time but you must do so in writing. If we have entered into a separate funding agreement with you, this may set out specific consequences of termination.

18.2 We may also decide to cease acting for you, but only for good reason. Examples of this are i) failure to pay a bill or comply with a request for a payment on account (on this or any other matter), ii) failure to provide proper instructions, iii) a request to take some action which would be a breach of our professional duties. Occasions might also arise where there is a conflict of interest and we cannot act for two clients on the same matter. We may be prevented from explaining the full circumstances. We will give you reasonable notice if we decide that we can no longer act for you and help you find alternative representation.

18.3 If for any reason we cease to represent you, we will charge for all work done up to that date and we would be entitled to retain all of your papers or documents while there is money owing to us for charges and expenses.

18.4 Where we have given you a fixed price quotation and the matter does not proceed to completion, we will charge you for work done and disbursements incurred on your behalf up to the date our work finished. We will charge on that basis where any non-fixed price matter does not proceed to completion.

18.5 In litigious matters if we cease to act for you (for whatever reason) you agree to send to the Court and every other party involved in this matter a notice that we are no longer acting for you and, if appropriate, indicate who your new solicitors are. You agree to do this within 10 days of us ceasing to act for you (or two working days prior to a Court hearing). Your new solicitors may do this for you. However, if you do not do this (or your new solicitors do not do this) then you authorise us to send to the Court and the other parties a notice indicating that we have ceased acting for you. If we send the notice then you agree that the notice will indicate your address for correspondence as your official address for service of documents relating to the matter and will show you as acting in person.

18.6 If, for any reason, it becomes necessary for us to apply to the Court for an order removing our firm’s name from the Court record, you are responsible for all the costs of and occasioned by such application, including those of any other parties.

18.7 At any stage, if money on account is due from you but not paid, or an interim Bill is not settled, we may suspend all work on your matter. However, we cannot guarantee that we will be able or prepared to re-start work once payment in full has been received.

18.8 You will advise us immediately if you are experiencing any significant financial difficulties and agree that we may conduct bankruptcy and other searches using your personal data. We reserve the right to terminate the retainer with immediate effect in the event that you become bankrupt or enter into any type of liquidation, administration or voluntary arrangement. We will not be required to enter into a new retainer once the bankruptcy (or equivalent) has been discharged.

19. Storage of Files, Deeds and Other Client Papers

19.1 After completing the work, we are entitled to keep all of your papers while there is any money owing in respect of our charges and expenses, subject to any other agreement we may reach with you or any undertakings given to a third party. We will keep our file of papers, except for any which we return to you, for at least six years and on the understanding that we have your authority to destroy it after six years from the date of the final bill which we send to you in relation to this matter. We will not destroy documents which you ask us to place in safe custody such as deeds and wills.

19.2 We will retrieve papers from storage on request. Usually we will not charge for this where you are providing continuing or new instructions although we may do so based on the time spent producing stored papers or documents to you or to others at your request where this is not the case. We may also charge for reading, correspondence or other work necessary to comply with instructions given by you or on your behalf.

19.3 We provide a safe custody service to clients in respect of wills, deeds and other securities and no charge will be made to you for such storage unless prior notice in writing is given or a charge is to be made from a future date which will be specified in that notice. We charge an archiving and storage fee and this will be shown in the account rendered to you. This figure is a nominal amount, currently £10 plus VAT.

20. Third Party Access to Your File

20.1 On occasions it is necessary for us to allow third parties access to a random sample of client files. Examples of such a requirement might include an annual audit of our business under the Solicitors Accounts Rules, inspection of our business by the Solicitors Regulatory Authority or annual assessments of our performance against practice management standards such as Lexcel or the Conveyancing Quality Scheme. Your client confidentiality is assured if your file is chosen. Data will not be released save to the specific third party.

20.2 You should also be aware that on occasions we might deem it necessary to outsource some of the work on your matter to individuals or businesses separate to ours. This might include instructing experts, counsel, costs draftsman or typing services. We take steps to ensure that any such third parties are of the highest reputation and the confidentiality of your files is assured. Your acceptance of these Terms is taken as approval of such arrangements as we feel appropriate for the conduct of your matter.

21. Service of Notices and Change of Address

21.1 You agree to give us notice in writing of any change of address at the earliest opportunity but in any event within 7 days. Unless and until you advise us in writing of another address, your address for all purposes, including correspondence and service of notices, is that to which the previous correspondence was sent.

22. Liability of this Firm

22.1 In the interests of our clients, we maintain professional indemnity insurance with XL Insurance Company SE of XL House, 70 Gracechurch Street, London EC3V 0XL. The territorial coverage is worldwide.

22.2 We exclude any and all liability whatsoever in the event that any bank fails to repay any or all monies held or collapses, becomes insolvent or enters any scheme of arrangement with its creditors, even if the Financial Services Compensation Scheme (or any such scheme) fails to award full compensation to the clients with monies in that general account. This does not affect your statutory rights.

22.3 To the extent permitted by law, you hold us harmless and indemnify us in respect of all claims which may arise as a result of the advice and services we have provided. Such indemnity does not extend to any claims you make directly against us in your own right.

22.4 We do not accept liability to any person or entity to whom our advice is not specifically addressed and we are not liable for errors or omissions in any information provided by third parties (save where such parties are instructed to act on our behalf) or for any loss resulting from any cause beyond our reasonable control.

22.5 Any liability to you shall be limited to the proportion of the loss we have caused directly, taking into account any contributory responsibility by you or any third parties (irrespective of any restrictions of liability in any other agreements).

22.6 You agree to direct any claim you may make to the firm itself. You will not claim against any individual Partners or members of staff.

23. Insurance and Financial Services

23.1 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 mediation 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 www.fca.org.uk/register/

23.2 Should we recommend an insurance policy (for example for defective title) we confirm that:

• The market would be researched before any recommendation is made; and
• We would provide a ‘demands and needs’ statement based on the information provided by you, along with reasons for recommending a policy.

23.3 Sometimes conveyancing, probate and company / commercial work involves investments. As we are not authorised by the Financial Conduct Authority, we may need to refer you to someone who is authorised to provide any necessary advice. However, we can provide certain limited services in relation to investments, provided they are closely linked with the legal services we are providing to you, as we are regulated by the Solicitors Regulation Authority.

23.4 The Law Society is the designated professional body for the purposes of the Financial Services and Markets Act 2000 but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society and the Legal Ombudsman is the independent complaints handling body of the Law Society.

24. Our Lien

24.1 We reserve the right to retain all papers and documents in our possession until all of our accounts have been settled. We also reserve the right to discharge any outstanding costs and expenses incurred on your behalf from any sums including damages or costs held or recovered in your name. Where in proceedings a wasted costs order or other such penalty is being considered by the Court, we reserve the right to waive legal professional privilege and to disclose our solicitor-client correspondence with you to the Court if, in our discretion, we consider it appropriate to do so.

25. Referral Fees

25.1 We do not usually pay or receive any financial incentive when clients are either recommended to us or we recommend service providers relevant to your matter. Where appropriate, however, we will provide full disclosure to you of any relevant matters.

26. Rights of Third Parties

26.1 A person who is not a party to the agreement between you and this firm has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms. This does not affect any right or remedy of a third party which exists or is available apart from that Act.

27. Changes in the Law and Critical Dates

27.1 Once our retainer has ended, we cannot accept on-going responsibility for reminding you of changes in the Law which might affect you, or future critical dates. For example we cannot accept on-going responsibility to remind you of such matters as rent review dates, lease renewals, the exercise of options, the service of notices and counter-notices within time limits and the like.

28. Equality and Diversity

28.1 Prince Evans is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees. Please contact us in writing if you would like a copy of our equality and diversity policy.

29. Professional Rules

29.1 As solicitors, we are at all times governed by our professional rules and the rules of the Court. We are regulated by the Solicitors Regulation Authority (‘SRA’). The SRA have published a Handbook, which sets out the standards we are required to achieve. The Handbook may be found on the SRA’s website at http://www.sra.org.uk/solicitors/handbook/welcome.page

29.2 Where appropriate, we do our utmost to comply with the Solicitors for the Elderly (‘SFE’) Code of Practice.

30. Governing Law

30.1 The agreement between us shall be governed exclusively by English Law. If you are resident outside England, you must provide us with an address for service in England and that address shall be deemed your address for service.

31. Waiver

31.1 Our failure to enforce at any time or for any period any one or more of these Terms shall not be a waiver of them or the right at any time subsequently to enforce all applicable Terms.

32. Undertakings

32.1 We may receive undertakings from another party such as a firm of solicitors during the course of a matter or thereafter. We do not accept any liability in the event that another party fails to fulfill any undertaking in whole or in part. This will not prejudice your ability to pursue such other party through the Courts or elsewhere.

33. Copyright and other Intellectual Property Rights

33.1 Unless otherwise specifically agreed in writing, we retain the copyright in all written material supplied to you or others, which are impliedly licensed on a non-exclusive basis for use by you solely in respect of matters in which this firm is instructed. In the event that materials prepared by this firm are passed on or disclosed by you to third parties, then you accept liability for the payment of proper professional charges for the use of such documentation, and all expenses and losses incurred in enforcing our intellectual property rights.