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Terms of Business
1. DEFINITIONS
In these terms:-
1.1 “the Client” means any person, firm or company which instructs the Firm to provide services.
1.2 “the Firm” means Rustons & Lloyd.
1.3 references to statutes or statutory instruments are to those statutes or statutory instruments as amended or consolidated from time to time.
2. BASIS OF RETAINER
The Firm contracts on these terms only. Acceptance by the Firm of any instructions from the Client is on the basis that these terms apply and that (unless otherwise expressly agreed in writing by the Firm) any other terms or conditions incorporated in the Client’s instructions or otherwise stipulated or purported to be stipulated by the Client are excluded. No variation of these terms and no representation will be binding on the Firm unless confirmed in writing by a partner in the Firm.
3. FEES AND DISBURSEMENTS
3.1 Basis of charge
Unless a fixed fee or other basis of remuneration has been agreed, the Firm’s charges will be calculated by reference to the time spent and to the seniority of the
solicitor or other fee-earner undertaking the work. The Firm’s hourly rates are reviewed from time to time and details of the current rates are available at any time on request.
3.2 Non-contentious work
3.2.1 The Firm’s charges for non-contentious work will be governed by the Solicitors (Non-Contentious Business) Remuneration Order 1994, which provides for solicitors’ remuneration to be “fair and reasonable”. The Firm will supply a copy on request.
3.2.2 Where non-contentious business is particularly complex, or involves substantial value or responsibility, there may be an additional element in the fee to reflect this.
3.3 Contentious work
3.3.1 Following the issue of court proceedings charges are governed by the Solicitors Act 1974, which provides for the court in the event of adjudication to decide what charges are reasonable. This procedure is known as “detailed assessment”.
3.3.2 In all other cases prior to the issue of court proceedings charges are governed by the principles set out in clause 3.1 above.
3.3.3 If successful in litigation the Client may be entitled to recover costs from the other party to the proceedings. However, the court’s assessment of those costs rarely results in a full recovery by the successful Client. In those circumstances the Client is responsible for the payment of any shortfall. If the other party is publicly funded no costs are likely to be recovered.
3.3.4 Costs awarded against the other party may attract interest from the date of the court’s order. To the extent that the Client has paid the Firm’s fees and disbursements the Firm will account to the Client for any interest paid by the other party, but will otherwise be entitled to retain it.
3.4 General
3.4.1 When disbursements (including, without limitation, court fees, Counsel’s fees, fees for medical reports, stamp duty, search fees and Land Registry fees) are incurred by the Firm on behalf of the Client they are payable by the Client to the Firm on request.
3.4.2 If the Client terminates the Firm’s instructions or for any reason the matter does not proceed to completion, the Firm will be entitled to charge in accordance with the foregoing provisions for the time spent in dealing with the matter.
3.4.3 The Client bears primary liability for the payment of the Firm’s charges and disbursements either where an order for costs or a contractual indemnity has been obtained, or where it is expected that an order for costs or contractual indemnity will be obtained against another party.
3.4.4 The Client is responsible for payment of the cost of seeking to enforce any order for costs or contract for indemnity against another party.
3.4.5 The Firm’s fees attract Value Added Tax, which will be paid by the Client in addition at the appropriate rate.
3.5 Payment
3.5.1 The provisions of this sub-clause 3.5 apply unless the Client is in receipt of Public Funding.
3.5.2 Payment of an invoice is due on presentation unless an extended payment time has been agreed by prior arrangement. Unless it has been agreed that a payment will be made in advance on account of fees, the Firm will normally deliver invoices either at the end of a particular case or transaction, or (when the case or transaction continues for a period exceeding four weeks) at intervals of between four and twelve weeks. Disbursements are however payable to the Firm by the Client pursuant to clause 3.4.1.
3.5.3 In the case of invoices remaining unpaid for a period of one calendar month or more after the date of presentation, the Firm may charge interest to the Client on the amount unpaid calculated on a daily basis at the statutory rate from time to time in force from the date of delivery of the account without prejudice to any other rights of the Firm.
3.5.4 Payment on the due date is of the essence of the contract and if the Client fails to make payment on the due date the Firm reserves the right, without prejudice to any other rights it may have in that event, to decline to act any further.
3.5.5 The Firm is entitled to retain any money, papers or other property of the Client properly in its possession for as long as there is money outstanding for the Firm’s costs and/or expenses. This is known as a "general lien". The Firm is not entitled to sell property held under a general lien, but it may retain property (other than money) even if the value of it greatly exceeds the amount of costs and/or expenses outstanding.
3.6 Public Funding
3.6.1 In certain cases the Client may be eligible for Public Funding through the Community Legal Service run by the Legal Services Commission. The Firm will discuss this possibility with the Client whenever appropriate.
3.6.2 If the Client is in receipt of Public Funding and the Firm enables the Client to preserve or recover money or property, the Legal Services Commission may require that some or all of the Firm’s costs are deducted before the Firm accounts to the Client. This deduction is known as the Statutory Charge and the Firm will provide the Client with more detailed information when appropriate. Sums recovered by way of costs from any opponent of the Client rarely cover the entire costs involved in preparing the case and the Legal Services Commission will often be entitled to be paid such costs as are recovered and still have a Statutory Charge for the balance.
3.6.3 A Client who is publicly funded must disclose any change in circumstances (including a change of address or change of means) both to the Legal Services Commission and to the Firm.
3.6.4 If the Client has a Funding Certificate revoked the Client may be required to pay some or all of the costs incurred up to the date of revocation.
4. CLIENT’S MONIES
4.1 If the Firm holds money on the Client’s behalf interest will be paid to the Client in accordance with the Solicitors Accounts Rules 1998. The period for which interest will be paid will normally run from the date on which cleared funds are received by the Firm until the date of payment by the Firm of funds to or on behalf of the Client.
4.2 In cases where the Firm is to make a payment on behalf of the Client (for example, in a conveyancing transaction) the Firm requires to be provided with cleared funds before the proposed date for payment. (If payment to the Firm is by cheque seven working days from receipt should be allowed for clearance.) Where the Client is obtaining a loan from a third party the Firm will request the advance payment from that third party in accordance with the foregoing. The third party may charge interest from the date of issue of the cheque, and if so the Client will be responsible for paying it.
5. LIABILITY
Except only to the extent that the law does not permit the Firm to exclude or limit its liability, the total liability of the Firm, its partners and employees in connection with or arising directly or indirectly from any matter will be limited to an aggregate amount of £2,000,000. This limit will cover all claims of any sort, whether arising in contract, negligence or otherwise, and all losses or damages, including interest, costs and expenses.
6. MONEY LAUNDERING
The Firm is required to have in place procedures and controls which are designed to prevent Money Laundering and which have been established by virtue of the Money Laundering Regulations 2004. If the Firm suspects that the Client is committing a Money Laundering offence as defined by the Proceeds of Crime Act 2002 the Firm will in certain circumstances either with or without the knowledge of the client be obliged to disclose the suspicion to the National Criminal Intelligence Service.
7. FINANCIAL SERVICES
Sometimes legal work involves investments. The Firm is able to provide a limited range of advice and arrangements for which it is regulated by the Law Society. However, it is not authorised by the Financial Services Authority, and for more complicated matters it may refer the Client to someone who has a Financial Services Authority authorisation.
8. COMPLAINTS
If the client is dissatisfied with the handling of his or her instructions to the Firm the Client may register the complaint with his or her normalcontact partner.
If following such reference the Client still remains dissatisfied he or she may refer the matter to the Firm’s complaints partner, who will cause it to be investigated thoroughly and will make a ruling.
9. STORAGE OF PAPERS AND DEEDS
9.1 Following completion of each matter the Firm’s practice is to store the working papers (without charge to the Client) for seven years and then to destroy them.
9.2 The Firm provides a safe custody service in respect of wills, deeds, securities and other documents. No charge will be made for this service unless prior notice in writing is given of a charge to be made from a future date.
9.3 Where stored papers, wills, deeds, securities or other documents are retrieved from storage by the Firm in connection with continuing or new instructions to the Firm no charge will normally be made for such retrieval. However, the Firm reserves the right to make a charge based on its time spent in retrieval and perusal, correspondence or other work necessary to comply with any instructions given by or on behalf of the Client.
9.4 Without prejudice to any other remedies, the Firm shall have a general right to retain all deeds, working papers and other property in its possession and belonging to the Client until all sums due from the Client to the Firm have been paid in full.
10. FORCE MAJEURE
The Firm shall bear no liability for loss, damage or delay howsoever arising caused in circumstances outside its reasonable control (including, without limitation, any strike, lock-out or other form of industrial action).
11. NOTICES
Any notice to be served by either the Firm or the Client on the other shall be deemed properly served if sent by pre-paid first class post to the party to be served at its last known place of business or residence (as may be appropriate), and shall be deemed duly served on the second working day after the date of posting.
12. INVALIDITY OF CONTRACTUAL TERM
If any provision of these conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part the validity of the remainder of the conditions and of the remainder of the provision in question shall not be affected.
13. PROPER LAW OF THE CONTRACT
Any contract of which these conditions form part shall be deemed to have been made in England and shall be subject to English law and to the exclusive jurisdiction of the English courts.
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