Terms & Conditions

Terms & conditions. The following terms and conditions relate to the use of MY Brief Solicitors website (www.mybrief.com). Content disclaimer. The information held on our website is for general purposes and guidance only and does not purport to constitute legal or professional advice. We do not make any representations or give any warranties or undertakings in relation to the content of our website or our Law service in relation to the quality, accuracy, completeness or fitness for purpose of such content or service. The Law information held on our website relates to the particular legal jurisdiction that each Law service covers: Law (UK & EU law) All Law information relates to circumstances prevailing at the time of its original publication and may not have been updated to reflect subsequent developments. For specific legal advice, please contact your main contact partner at MY Brief Solicitors. If you are not a client of the firm, please send an email to ceb@mybrief.com who will pass your enquiry on to the right person(s). Except as required by law, MY Brief Solicitors Ltd shall not be liable for any losses or damages whatsoever, whether in contract, tort (including negligence) or otherwise arising from reliance on information contained in this website, or our MY Brief or other subscription services, or from any interruption or delay in access to the website for whatever reason. Copyright Our website and the copyright in the materials on this site are owned by MY Brief Solicitors . MY Brief Solicitors , MY Brief and any other names, images and logos identifying MY Brief Solicitors and services are proprietary trademarks of MY Brief Solicitors . You may temporarily download extracts from our website without alteration to a local hard disk and print such extracts for the purposes of your own personal use only, provided you keep intact all and any copyright and proprietary notices on such extracts. Neither our website nor any part of our site may be otherwise copied, stored, framed, reproduced, modified, publicly displayed, republished or distributed in any media (including without limitation via any other website) without our prior written permission. Requests for permission should be addressed to Reception@mybrief.com. All rights reserved. Third party websites Our website contains links to other websites over which MY Brief Solicitors has no control. MY Brief Solicitors does not accept responsibility or liability for the operation or content of such websites and gives no warranties, undertakings or representations in relation to such third party sites. Links to our website are not permitted without the prior and express written consent of MY Brief Solicitors. Applicable law Our website (including the terms and conditions and privacy policy which relate to our site) is governed by English law. The English courts shall have exclusive jurisdiction over any disputes arising from this site. Please note that our terms and conditions may be amended from time to time. Where we change or amend our terms and conditions, we will give you the opportunity to read the revised version and ask you to agree to them. Terms and Conditions of Business Our aim We aim to offer our clients quality legal advice with a personal service at a fair cost. As a start, we hope it is helpful to you to set out in this statement the basis on which we will provide our professional services. Our commitment to you We will: REPRESENT your interests and keep your business confidential. EXPLAIN to you the legal work which may be required and the prospects of a successful outcome. MAKE SURE that you understand the likely degree of financial risk which you will be taking on. KEEP YOU regularly informed of progress. TRY to avoid using technical legal language when writing to you – tell us when we fail in this aim. DEAL with your queries promptly, for example, we will always try to return your telephone calls on the same day. Our hours of business The normal hours of opening at our offices are between 8am and 10pm Monday to Friday, 10am to 2pm on Saturdays and a call back service will be available on Sundays. People responsible for your work The Solicitor responsible for dealing with your work will be Mr Jeremy Betts. The assistant who may be able to deal with your queries and who will be pleased to take any message for you is Mrs Charlotte Betts. Charges and expenses. Our charges will be calculated mainly by reference to the time actually spent by the Solicitor and other staff in respect of any work, which they do on your behalf. This will include meetings with you and perhaps others, reading and working on papers, correspondence, preparation of any detailed costs and calculations and time spent travelling away from the office when this is necessary. We will add VAT to these charges at the rate that applies when the work is done. At present, VAT is 15%. Routine letters are charged at £15 each and considering incoming letters at £10 each. We charge for time spent making and taking telephone calls at £15 for each call. The current hourly rate is set out below: Solicitor: £150 The hourly rates have to be reviewed periodically to reflect increases in overhead costs and inflation. Normally the rates are reviewed with effect from 1 January each year. If a review is carried out before this matter has been concluded, we will inform you of any variation in the rate before it takes effect. In addition to the time spent, we may take into account a number of factors including any need to carry out work outside our normal office hours, the complexity of the issues, the speed at which action has to be taken, any particularly specialist expertise that the case may demand. Following the Proceeds of Crime Act 2002, solicitors have very strict rules imposed upon them. We must now advise all our clients of the following: We cannot accept more than £500 in cash. All payments over this sum must be by cheque, bankers draft, BACS or CHAPS. We have to verify the identity of all clients as soon as practically possible after first being asked to act. Failure to do so means that we cannot continue to act for you. If we have reasonable grounds to suspect that this Firm is being used to launder the proceeds of crime or funds in support of terrorism, we are obliged to report this suspicion to the Police. We are forbidden from informing the client that the Police have been informed. If, for any reason, this matter does not proceed to finalisation, we will be entitled to charge you for work done and expenses incurred. Payment arrangements Administration of Estates. We will normally submit an interim bill at regular stages during the administration, starting with the obtaining of a grant. The final account will be prepared when the estate accounts are ready for approval. Payment is due to us within 28 days of our sending you a bill. Interest will be charged on a daily basis at 4% over Barclays Bank Plc base rate from time to time from the date of the bill in cases where payment is not made within 28 days of delivery by us of the bill. Expenses Disbursements such as stamp duty, photocopying, couriers, travelling, and all costs in engaging other advisers are payable by you. Liability for Costs. Where another party might agree to pay your costs, or where some costs may be recoverable in litigation, or from your insurers, of here I have agreed to postpone receipt of fees until the conclusion of the matter or the termination of the retainer the responsibility to meet my fees and expenses remains ours regardless of any arrangements with, or rights against other parties or any Court Order or anticipated Order. I am not responsible for collecting such costs/ fees. Abortive Work and Termination of Instructions. Usually we shall agree a fee. This is fixed, be payable in advance and is not refundable. If I were to undertake any work on any other basis, which does not proceed to a conclusion or if you withdraw your instructions, I will charge for all work done up to the point the matter becomes abortive together with all disbursements (with a minimum fee of £75.00 plus VAT) paid on your behalf. In such circumstances we also charge for costs and disbursements associated with the orderly termination or the transfer of such work to another professional adviser. Sending reminders is not part of the work included in any agreed fee. Should no response be received from a client on a matter within eight weeks of a communication to a client we reserve the right to close the file and undertake no further work. If the matter is reopened it will be subject to a new agreed fee. Cancellations and missed appointments where an out of office attendance has been arranged are subject to an abortive fee of £75.00. Client Relationship. On acceptance of instructions by way of a retainer or in relation to a particular matter, you will become our client and remain so throughout the duration of these instructions until settlement of any final invoice. We will not act for any other person or company in any related matter unless it is permitted by our professional rules and you agree otherwise in writing. We may require such other person to see me independently or for either of you to take independent advice. Unless you have specifically retained me to act for you in all matters, we are not precluded in any other circumstances from acting for another party in any transaction or litigation with which you are associated, provided it is permitted by my professional rules. Unless otherwise specifically agreed in writing, we maintain the right to decide on the course to be adopted in the handling of any matters and the appropriate personnel to undertake the work. Authority. Where joint parties, a company director or an association instructs us, we will be entitled to rely on the specific instructions of any one such joint parties or any officer of the company or association unless otherwise notified in writing. Information. All information regarding your business and affairs will be regarded as, and kept confidential by us, at all times save for the purpose of instructing and dealing with other advisers acting on your behalf or third parties acting for or assisting us, or if it is already in the public domain, or you instruct us to disclose information, specifically, or by implication, to a third party. In the case of young or elderly clients, or where other members of the family appear to have knowledge unless specifically instructed to the contrary, we act on the basis that we may speak to relatives where we consider it in our absolute discretion to be in the client’s best interest. In certain circumstances, we may be obliged to give evidence and produce such information to Courts, the Law Society, professional indemnity insurers or authorities in connection with your affairs. All circumstances where we reveal or such information must be at my absolute discretion. Solicitors are under a professional and legal obligation to keep the affairs of clients confidential. This obligation however, is subject to a statutory exception: recent legislation on money laundering and terrorist financing has placed solicitors under a legal duty in certain circumstances to disclosure information to the National Criminal Intelligence Service. 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 of the reasons for it because the law prohibits ‘tipping-off’. You are reminded that public authorities may monitor all forms of communication and none can be regarded as confidential. All information and data held by us belongs to us and we have the right to retain ownership and keep copies of information and data. On completion of any work on your behalf we shall request that you collect any paper file. We shall give you a period of notice in which to do so and shall then be at liberty to destroy your file. We shall aim to retain the file electronically, but accept no responsibility should it be lost or erased, when you have allowed the original to be destroyed rather than requesting delivery. Timing. Whilst we shall do our best to deal with all requests as soon as possible, allocation of my time and the priority of our work must be at our absolute discretion. Should you wish to contact us urgently then please contact us via mobile phone or text message. Communication between you and us. Our aim is to offer all our clients an efficient and effective service at all times. We hope that you will be pleased with our work we do for you. However, should there be any aspect of our service with which you are unhappy, please raise your concern in the first place with Mr Jeremy Betts. We will aim to communicate with you by such a method as you may request. We may need to virus-check disks or email. Unless you withdraw consent, we will communicate with others when appropriate by email or fax but we cannot be responsible for the security of correspondence and documents sent by email or fax. The Data Protection Act requires us to advise you that your particulars are held on our database. We may, from time to time, use the details to send you information which we think might be of interest to you. We may contact you as often as we, in my discretion, consider appropriate. We shall usually telephone only between the hours of 9am and 5pm, but if matters are urgent it may be outside of such hours. There may be times when we are unavailable but we shall try to return your call as soon as possible. Should any message not be returned within 48 hours please contact us again. We will not incur any liability for any loss arising by reason of a failure of a communication to us or from us howsoever transmitted or dispatched to reach its intended destination, or for any interference or interception made of any communication in transit, or transmitted by unauthorised persons whether or not resulting from an act or omission on our part. Should you wish to ensure security of delivery/receipt you should arrange for hand delivery and collection during our core office hours. We shall not incur any liability for and will not be responsible for any non-receipt thereof or any errors or ambiguity therein or any lack of authority on the part of the person giving or making instructions. If we instruct any advisor to act on your behalf we will exercise due care in selecting the advisers. We will not be responsible for any act or omission on the part of such advisor, by itself, its servants, agents or by others engaged by that advisor to act on your behalf. Advice. Unfortunately typing and other errors can occur in any written documentation. We apologise in advance for these and, in so far as they are in documents to be relied upon, we expect you to check them most carefully. If you do not understand something or it looks incorrect you must ask! We can only advise on the basis of the information supplied to us. We expect that you will supply to us all relevant information. If in doubt please supply it to us. If you have any doubts about our advice, please ask us to explain our advice again, until you are satisfied. A misunderstanding or lack of full information may result in incorrect advice being given. We do not undertake to keep an ongoing review of your circumstances or to record/diarise and/or remind you of any key dates or limitation periods and it is incumbent on you to contact me to discuss your personal and financial circumstances on an annual basis or whenever they may materially change. We also do not accept any liability or obligation to advise you of any changes in legislation or taxation which may directly or indirectly necessitate you to change your Will or otherwise to arrange your affairs. Third Parties. We accept no responsibility in respect of any act or omission of any third party placing reliance on the performance of our services for you or on the advice given by us to you. All information and advice of whatever nature given by us to you is for your sole use and shall not be disclosed or made available to third parties without our prior consent. If you intend to publicise or otherwise reproduce any part of the information or advice given by us to you, you hereby agree to allow us to approve the draft text prior to publication and to withhold consent. No such advice is intended to be relied upon by third parties. Transfer of Files and File Storage. We shall also make an advanced charge for the transfer of your file (currently £30.00). We shall normally ask you to collect your papers at the end of any matter. If however your file is placed in my closed filing system we will make a charge of £25.00 (plus VAT is appropriate) per annum for storage. You authorise us to collect such sums by deduction from your credit card. Not all papers in the file are a client’s property and we reserve the right to retain these. We may destroy the file without further reference to you after the expiry of 6 years. If you require confidential destruction of the file you should contact us to arrange for its collection as we do not provide such a service. Client Funds. We do not hold client monies. Accordingly no payments should be made in to my bank account other than sums already agreed/invoiced between us. Any payment for combined client monies/fees due must be refused and/or returned. Should we be asked to hold cheques payable to third parties on file, we cannot be responsible for any loss in interest arising from delay in payment or for problems arising from clearance. You guarantee that all funds which you ask us to become involved have been lawfully acquired and not derived from or otherwise connection with any unlawful activity. If we have any doubts as to the source of funds we may be bound by law to notify the authorities. In normal course, we undertake identity and proof of address (Money Laundering) checks at the commencement of instructions in respect of all clients. You will not request us to take any action whatsoever in relation to the funds so as to contravene any law or regulation in force from time to time in England and Wales or in any other place whatsoever and we reserve the right not to comply with a request, which in our view could result in such contravention. Transfer and Transmission of Funds. All transfers and transmissions of cheques/bankers drafts are made at the client’s risk and we shall not be liable for any loss, damage or delays howsoever caused which are not directly caused by gross negligence on the part of any of my employees. We or other parties may have to refrain from proceeding in any matter as a consequence of the effect of financial regulations. We cannot be responsible for any loss that may arise and any instructions we receive are on the basis that you are able to make alternative arrangements and that no responsibility or liability falls on us. Remuneration from Third Parties. Subject to receiving your specific consent in each case, we shall be entitled to retain any benefit (whether direct or indirect) and including but not limited to all commissions, fees or other remuneration obtained. In particular, we refer your work to other solicitors. That firm may pay me by way of a share in fees it receives. It may be that in relation to work introduced to another solicitor, we shall receive a fee or share in the fees that solicitor charges you. We shall inform you of any such fee received and shall require your consent to retain it. In particular, if we act as your executor we may charge a fee, as well as receiving a fee/shared fee for administration of your estate. Legal Aid Matters and Other Courses of Payment of Legal Advice. We do not undertake Legal Aid work, but you are reminded that if you believe you are on a limited income then you should enquire to ascertain whether you might be entitled. You may also be entitled to assistance under insurances or memberships. We will not necessarily be aware of these and so it is for you to check. Jurisdiction. We are only qualified to advise on English Law. On your instruction we shall obtain specialist advice in relation to any other jurisdiction. You will have a direct relationship with any Lawyer who advises you in this regard. These terms of business shall be governed and construed in accordance with the laws of England and Wales and you hereby agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales in connection therewith and further waive the right to object to an action brought in the Courts of England and Wales on the basis of any action brought in an inconvenient forum.