Cumberland Ellis - Terms of Business

1. People Responsible for Your Work

Our aim is to provide you with a personal legal service of quality. It is, therefore, important to us that you know who will deal with your work and the person primarily responsible is the fee earner named in the information sheet although others may need to be involved from time to time. We try hard to avoid changing the people handling your work but if this becomes necessary we will notify you promptly.

2. Instructions

Wherever possible, please give instructions to the person primarily responsible for your work and confirm instructions to them in writing. We will assume that whoever gives us instructions has the requisite authority.

3. Keeping You Informed

From time to time, as necessary, we will explain the issues raised in your matter and the work and steps which need to be taken. We will keep you informed of progress. We will also discuss with you, where relevant, whether the likely outcome will justify the expense or risk involved and will inform you if the position changes.

4. Keeping Us Informed

It is essential that you tell us everything relevant to the issues raised in your matter at the outset and as the matter progresses and provide us with all relevant documentation. You will also need to co-operate fully when requested and to answer queries or requests for information or instructions within an appropriate or reasonable time. Failure to do so may adversely affect the outcome of the matter and result in additional costs.

matters in person, sign documents or be readily available to give instructions.

5. Basis for Calculating Charges

Our charges are based on the time we spend dealing with your matter. This is recorded in units of 6 minutes and will include making and receiving telephone calls, meetings and correspondence with you and others, preparing and considering documents, research and advice and (where relevant) instructing counsel and attending court, travelling and waiting time.

In addition to the time spent, we may also take into account other factors such as complexity, specialist knowledge and expertise, urgency and value of the matter but, on current information, we expect these factors to be covered by the hourly rates in the information sheet. If an increased charge is proposed, the implications will be discussed with you before the relevant work is undertaken.

6. Current Charges and VAT

The current rate of charge for the person primarily responsible for your work is set out in the information sheet. A large percentage covers overheads such as property costs, staff salaries and an appropriate information technology system necessary for the proper running of our business. In case others assist in progressing your matter their hourly rates are also set out in the information sheet.

For VAT see the information sheet.

7. Expenses and Communications

We will inform you about other payments you have to make for such items as court fees, counsel's fees, courier fees, stamp duty, H M Land Registry fees, search fees, bulk photocopying and fees for reports, and when payment is to be made. We also reserve the right to make a separate charge for incidental expenses such as non-bulk photocopying, postages, telephone calls and others. The present rate is in the information sheet.

8. Review of Charges /Expenses

Our rates of charges and incidental expenses are reviewed periodically and you will be notified in writing of any changes.

9. Estimates

Generally, legal work involves third parties and is unpredictable : no-one can know at the outset which matters will be straightforward and which will become complex. It is, therefore, generally impossible to forecast the total amount of time which will be involved or the total of other payments which will need to be incurred in order to conclude your matter. However, on the information available at present, we have provided an estimate of the number of hours to deal with the stage of your matter specified; our charges for that work; the timescale for completing it; the other payments anticipated; and when those payments will need to be made. Those details are set out in the attached information sheet.

The estimate is not intended to be fixed and you will be notified of any additional work or other payments. We will also provide further estimates as the matter progresses.

You may set a limit in advance on the charges which may be incurred and if a limit is set this will be confirmed to you in writing. You will be notified if that limit is reached.

10. Billing Policy

We want you to know the cost implications of your matter and our policy is to bill you as set out in the information sheet unless special circumstances (such as a hearing or trial or completion of the matter or of any part) justify a different period. In addition, we will inform you of the costs incurred at any time you enquire.

Our bills will contain an outline of the work done: if any greater detail is required, this will be charged for at the rates in the information sheet.

All payments made on your behalf will be charged to you as they are incurred or, if less than £50, on your next bill.

Payment is due within 28 days of our bill being rendered and we reserve the right to charge interest if you do not pay within this time. Interest will be charged on a daily basis until payment at the rate set by the Late Payment of Commercial Debts Regulations or (if those Regulations do not apply to this agreement) at 3% above National Westminster Bank's base rate.

If you have any query about the bill, please contact us immediately.

In the event of any bill remaining unpaid, we reserve the right not to act any further.

If any special agreement is reached on costs, we will confirm it to you in writing but in the absence of any written agreement our normal terms herein will apply.

11. Payments in Advance

It is normal practice to require money in advance towards future charges and other payments and, if any is needed from you at this stage, it is set out in the information sheet.

We will inform you in writing if further money in advance is needed whilst the matter progresses but you should understand that the total charges and payments may be greater than the money in advance.

Money in advance is held separate from the firm's money in our client account and, apart from small amounts and amounts held for short periods, attract interest in accordance with Law Society guidelines. Interest is awarded without deduction of income tax in the case of UK residents except in the case of separately designated deposit accounts where interest is paid net of basic rate tax. A charge may be made for calculating interest due to you.

12. Responsibility for Costs

Please understand that you will be responsible for paying our charges and other payments (together called costs) and these will be due from you in full regardless of a third party agreeing to pay them. In the case of personal representatives and trustees they generally have a right of recovery from the estate or trust.

13. Litigation Generally

If your matter involves litigation, paragraph 12 applies despite any order for costs made against an opponent and even if you have legal costs insurance. The costs of investigating whether you have a claim or defence are not generally recoverable from an opponent.

If you win the case, the court is unlikely to order your opponent to pay the full amount of our costs and may make separate orders which reflect the outcome of different issues. If the case is lost, you will probably be ordered to pay the opponent's costs as well as your own.

If a settlement is achieved, costs are usually a matter for negotiation as part of the settlement. There is no guarantee that your opponent will have the money to pay your costs even if he is ordered to do so and you will not generally recover any costs from a community funded (legally aided) opponent. Under the rules which apply to claims in court, any costs you are ordered to pay or any fees due to the court must be paid within 14 days or else your case may be struck out. These payments can arise at any time and not just at the end of a case.

In large cases, a detailed assessment of costs is undertaken by the court. This involves you paying further amounts such as : the fees of a costs draftsman to prepare a detailed bill in a special form required by the court; attending court; and negotiating with your opponent. We will explain this procedure to you in more detail when it becomes clear that it will apply.

Different rules may apply in certain areas of litigation and we will advise you about those separately. We will discuss with you whether it is appropriate to consider alternative sources of funding such as whether community funding (legal aid) is available in this matter and whether you qualify for it. You may wish to discuss with your insurance broker or us whether our costs and the liability for the costs of your opponent may be covered by any of your existing insurances or by after the event insurance. Also whether someone such as an employer or trade union may contribute to those costs.

14. Termination of Contract

We will continue acting for you in this matter until you inform us in writing that you do not want us to continue acting for you. If this notice is given within eight working days of you receiving these terms you have the right to refuse payment for any work completed within that period unless it was done with your consent. We will also cease to act for you if we have good reason to stop doing so, for example, if you are in breach of any of these terms including non-payment of costs or of requests for costs or if you refuse to accept advice given. In such a case we will give you notice which is reasonable in the circumstances of our intention to stop acting for you.

If we cease acting for you, you will be responsible for paying our charges and other payments on the basis set out in these terms including any work we have to do before ceasing to act for you and, in litigation, work before being released by the court from the case.

We will be entitled to keep the file, and all papers and documents belonging to you until all money owed to us is paid.

15. Quality of Service

We value your work and aim to provide a quality legal service. It is important, therefore, that you tell us immediately if you have any problem with our service. We will try to resolve any problem quickly in accordance with our written procedures (a copy of which is available on request). If we cannot resolve the problem between us there is a complaints and redress scheme provided through Law Society regulation.

16. Storage of Papers

After completing your work archive material including our file of papers (but not deeds or wills) will be routinely destroyed after 6 years from the file closure, unless otherwise agreed. If you ask us to retrieve papers from storage we will charge for any work necessary to comply with your instructions such as reading the file and answering a query. We also reserve the right to charge the expenses of sending the file to you or a third party. We regret that lack of space precludes our offering storage facilities for personal items. Files and all archive material (including deeds and wills) are vulnerable in the event of fire or other accident at our offices or at our storage facility and we do not accept liability in contract or tort for any such loss.

17. Tax (Including VAT)

Unless specified in the Information Sheet, we will not provide any advice on the tax consequences of this matter. In that event you should, therefore, seek such advice from an accountant or other professional adviser.

18. Financial Services and Investments

We are regulated by the Law Society and are authorised to provide limited investment services which are incidental to our legal work. For other investment services we may refer you to someone who is authorised by the Financial Services Authority because we are not.

19. Data Protection

We are registered under the Data Protection legislation. By signing this agreement you consent to us recording and processing all personal information, including any Sensitive Personal Data (such as Trade Union membership, physical or mental health condition and details of any criminal offence or proceedings) in order to carry out our present and any future services for you. You may request a copy of that information at any time for a fee.

Do note that we may be legally required to disclose information to the Inland Revenue, Police, Customs and Excise, the Law Society, Financial Services Authority and others.

20. Confidentiality

We will respect your confidentiality as set out above but take no responsibility for any breach resulting from or in connection with the use of email or other electronic communications.

21. Limitation of Rights

This agreement is not intended to create any right enforceable by a person who is not a party to this agreement and we expressly exclude liability for any damage of any nature caused by or resulting from the use of email or other electronic communications.

22. Proper Law and Jurisdiction

This agreement will be governed by English law in every particular including formation and interpretation and will be deemed to have been made in England. It will be subject to the exclusive jurisdiction of the English Courts.

Please contact our Managing Partner Neil Turner or your usual contact for more information.