Terms of Engagement

This document sets out the terms and conditions upon which Peachey & Co LLP ("P&Co") accepts your instructions to act.  These terms may be varied or added to by correspondence at (or after) the time when your instructions are accepted by P&Co.  If for whatever reason you do not accept or understand these terms you should tell the responsible partner (whose name appears in the accompanying letter) immediately.  P&Co is a Limited Liability Partnership having members not partners, and the expression partner may be used in our dealings with you to describe a member.

1. GENERAL

1.1 It is P&Co's professional duty to give your affairs proper care, skill and attention.

1.2 Throughout the handling of your matter P&Co will rely on you to supply in a timely manner all information needed to act on your behalf.  It is your obligation to tell them promptly of any relevant change in or addition to such information in the circumstances.  P&Co will not be under any obligation to verify or check the accuracy of such information unless it is specifically agreed in writing that they should do so.

1.3 Unless otherwise specifically agreed in writing these terms of engagement shall apply to all matters that you retain us on.

2.         CONFIDENTIALITY

Your instructions are confidential and will not be disclosed by P&Co save on your instructions as required by law or as hereinafter set out.

3.         DATA PROTECTION ACT

In order to act for individuals, it may be necessary for us to record on our files and also on our computer system certain personal details such as dates of birth, addresses and telephone numbers etc.  In addition other non essential information may also be held by us when acting for either individuals or companies.  You are entitled to ask at any time for a copy of the information that we hold about you or your company.

4.         FEES

4.1 The basis of P&Co's charges are set out in the accompanying letter.  P&Co’s charges are reviewed semi-annually each year and new rates apply with effect from such review date.  Current rates will be supplied at any time upon request.  Where appropriate other factors set out in the Solicitors’ (Non Contentious Business) Remuneration Order 2009 (as amended or updated) may be taken into account, notably complexity, value and importance in relation to non-contentious work, or Part 44.5 (3) of the Civil Procedure Rules in relation to contentious work.

4.2 Sums incurred by P&Co on your behalf (such as stamp duty land tax, search fees, Counsel's fees and all other disbursements) will be chargeable, as will expenses incurred on travel, faxes, couriers, telephone calls and copying.

4.3 Clients may direct that movements of money on their behalf be carried out by telegraphic bank transfer.  You should be aware that the banking system does not necessarily produce instantaneous transfer of such monies.  P&Co cannot be held responsible for delays or errors within the banking systems.  Bank charges incurred in relation to telegraphic transfers made at your request may be deducted by us from your client account without specific prior notification to you.

4.4 VAT is chargeable at the applicable rate.

4.5 Estimates of costs are given for guidance only on the basis of information then known to P&Co and are not to be regarded as quotations.  You should note that it is often not possible to estimate costs accurately in advance.

4.6 A P&Co bill of costs would usually be submitted at the time of substantive completion of the transaction, however if it is likely that the matter would proceed for some time an interim bill may be appropriate.  Interim bills will usually be submitted on a monthly basis during the course of such a matter.

4.7 You have the right to give P&Co written notice to set a limit on the fees which we may incur on your behalf.  If that limit is reached, P&Co will then cease work, notify you and await your further instructions.  You should understand that, particularly in relation to contentious work, it may not be possible to limit your liability in relation to the costs incurred by any other party in the matter.

4.8 P&Co reserves the right to charge for abortive work.

4.9 If you are dissatisfied with any bill which P&Co renders to you, you have the right in the case of all bills to apply to the High Court under the provisions of Sections 70, 71 and 72 Solicitors Act 1974 relating to the taxation of costs to have the bill checked by an officer of the High Court.  This procedure may involve additional expense for you.

5.         PAYMENT

5.1 P&Co may at any time require from you reasonable sums on account of anticipated costs and disbursements.  P&Co shall have the right to appropriate such sums to defray disbursements incurred on your behalf or to pay interim bills which are overdue. However, such sums are, in the normal way, to be held against payment of the final account to be rendered to you and you are expected to settle interim bills without resort to such sums.

5.2 P&Co's bills are due and payable within 14 days of the date of the bill on delivery.  P&Co are entitled to charge interest on any sum unpaid 30 days after the date of delivery of a bill at the rate of 2% per annum over the base lending rate of Coutts & Co calculated from day to day.

6.         MONEY LAUNDERING

Anti-Money laundering regulations may require us to obtain in appropriate cases formal evidence of identity and, on occasion, to make disclosure to third parties.

7.         LITIGATION

This paragraph applies only to litigious matters.

7.1 If you are successful in a litigation matter it may be that you will be entitled to an order for assessment of costs for the payment of your costs by another party.  Such an award is in the discretion of the Court.  You should be aware that it is rare for an ‘assessment of costs’ to result in your opponent having to pay the full amount of your costs.  In this case, you will be responsible to P&Co for the difference between the actual costs incurred and the assessed costs payable by your opponent.  If any sum ordered against your opponent is not recovered in full or in part, you will also be responsible for the shortfall in the amount received.  Likewise, if you lose proceedings, you may have an assessment of costs order against you and you will have to pay your opponent's costs as well as your own.

7.2 It is not P&Co's practice to do work under the Legal Aid Scheme.  Consequently, if you become eligible for legal aid during the course of a matter, P&Co may have to terminate the retainer.

7.3 If you obtain interest under an order for costs against your opponent, P&Co are entitled to retain such interest to the extent that any of their fees have not been paid on account.

8.         INSURANCE MEDIATION ACTIVITIES

P&Co are not authorised by the Financial Services Authority.  However, we are included on the register maintained by the Financial Services 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 Services Authority website at www.fsa.gov.uk/register

9.         FILE STORAGE

Your file will be stored for a reasonable period (which will not be less than six years) free of charge.  However, a charge may be made for retrieving the file from storage at your request and for supplying copies of any documents.

10.       JURISDICTION

We advise on matters relating to the laws of England and Wales and the Articles of the EC Treaty (and the regulations and directives adopted pursuant to the EC Treaty) to the extent relevant to England and Wales only.

11.       CESSATION

P&Co have the right to cease work and terminate their retainer by giving you written notice at your last known address in the event, among other things, that:

(a)        any bill remains unpaid for more than 14 days after delivery;

(b)        you fail without reasonable cause to give us instructions for a period of 30 days; or

(c)        you become eligible for Legal Aid.

In litigious matters, the leave of the Court may be required.

12.       THIRD PARTIES

These terms are not enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party. This does not affect any right or remedy of a third party which exists or is available apart from under that Act.

13.       CLIENT CARE

It is the policy of P&Co to investigate complaints and expressions of dissatisfaction fully and promptly.  If you have a complaint relating to the work being carried out for you, you should raise this in the first instance with the fee earner dealing with the matter who will endeavour to resolve the matter.  If you are dissatisfied with his or her response, you should raise the matter with the partner responsible.  If you are still dissatisfied, you should then make a formal complaint addressed to the Complaints Partner of P&Co, in writing, giving full details of the nature of your complaint.  The Complaints Partner, or another independent partner nominated by him, will then look into the matter and deal with it in accordance with our complaints procedure.  Further details of the procedure are available on request.

14.       LAW

These terms are subject to the laws of England and Wales.

Peachey & Co LLP December 2009