-
-
Fisher Scoggins Waters LLP is a Limited Liability Partnership ("LLP") incorporated under the Limited Liability Partnerships Act 2000. Your contract and/or retainer will be with the LLP. No Member and/or Consultant of the LLP nor any member of its staff undertakes a personal duty of care.
-
No Member or Consultant of the LLP nor any member of its staff is authorised to accept instructions on any terms inconsistent with these terms. These terms may be amended only with our express agreement in writing.
-
Fisher Scoggins Waters LLP is regulated by the Solicitors Regulation Authority and complies with the Professional Indemnity Insurance Rules.
-
Work on your case will be carried out by an experienced Member or Consultant of Fisher Scoggins Waters LLP or with your agreement by one of our assistants under the supervision of such a Member.
-
We charge on a time basis. We will keep accurate time records of the time spent on your case. Those time records will be summarised for you as part of our normal billing arrangements.
-
The hourly rate applicable to your work will be agreed with you at the commencement of our instructions and will be reviewed annually. We reserve the right to ask you to make a reasonable payment on account of the costs and disbursements that are likely to be incurred on your case. In the event of substantial disbursements such as Counsel or Expert fees, these will normally be incurred by us as your Agent and you will be directly responsible for the payment of these fees and any applicable VAT.
- We will normally render our charges on a monthly or quarterly basis, as may be agreed with you at the commencement of our instructions. In certain types of matter, we may have to insist on monthly billing if particularly large commitments of time are required. We may also render "disbursement only" invoices as and when significant amounts of disbursements are incurred on your behalf.
-
Routine office expenses are included in our charges but in addition, you will be charged for any substantial additional office expenses such as bulk photocopying.
-
VAT at the appropriate rate will be charged on our fees and on chargeable disbursements.
-
We will endeavour to give cost estimates where practicable but the type of work in which we specialise does not usually lend itself to precise estimation as so much depends on the conduct of other parties, official agencies and the court system.
-
Our invoices are payable within 28 days of receipt. We reserve the right to charge interest at 2% above Nat West base rate in the event of late payment.
Recovery of Costs and Other Parties' Costs and Expenses
-
If you win your case and we are able to recover all or part of your legal costs and disbursements from another party or from public funds, we will of course account to you for the monies so recovered, but subject to our right to deduct from that sum any costs and expenses which are still owed to us, together with interest. If the matter concludes without proceedings, it is unlikely that you will be able to recover any part of the legal costs you incur.
-
If your case is unsuccessful, it is most likely that in addition to your own costs you will be ordered to pay other parties' costs. Whether and if so in what circumstances your own or other parties' costs might be covered by your insurance arrangements we do not know and we suggest you seek the advice of your insurance department or brokers on that question.
Storage of Papers and Documents
-
After completing the work and upon payment of any costs owing to us we will return the case papers to you. If you prefer we will retain the papers for no more than six years. Upon the expiry of six years from the date of our final bill we will become entitled to destroy such papers unless you give us notice that you wish to collect them and do so within a reasonable time. We have the right to charge a reasonable fee to cover storage costs.
Termination
-
You may terminate your instructions to us in writing at any time but we will usually be entitled to retain the case papers until our outstanding fees and expenses have been paid.
-
In some circumstances, we may take the view that we cannot continue to act for you, but we can do so only for good reason. We will give you reasonable notice and an explanation if such circumstances arise, though in very rare instances we may be under a legal duty not to provide you with the reason for our being unable or unwilling to act further for you.
-
If we cease to act for you in any matter, whether as a result of your decision or ours, you will have to pay the fees and expenses incurred up to that date, such fees being calculated and payable on the basis explained above.
Limitation of Liability
-
To the extent allowed by law, Fisher Scoggins Waters LLP only accept instructions on the condition that:-
i) our maximum liability in respect of any claim howsoever arising (including but not limited to negligence and/or any breach of duty) is limited to the sum available under our then current Professional Indemnity Policy and
ii) our liability shall not exceed such loss as is directly caused by our own negligence and/or breach of duty.
iii) we shall not in any circumstances be responsible for the negligence and/or breach of duty of any barrister, expert or agent instructed on your behalf.
-
A copy of our current Professional Indemnity Insurance Policy is available for inspection upon request
-
The limitation of liability set out above shall so far as the law allows also apply to any liability that may be found against any Member, Consultant, Officer, Agent or Employee of Fisher Scoggins Waters LLP.
Client Identification and Reporting
-
The law requires us to have confirmation of your identity before we can proceed to act for you. We will advise what documentation is required from you on receipt of instructions.
Diversity and Equality
-
Fisher Scoggins Waters LLP is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.
Data Protection
-
Fisher Scoggins Waters LLP complies with all data protection laws applying to the firm. We will use any information you provide primarily for the provision of legal services to you. Our use of that information is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access under the data protection legislation to the personal data that we hold about you.
Payment of Interest
-
Any money received on your behalf will be held in our client account. Interest will be calculated and paid to you at the rate set by our bank which is Natwest. The payment of interest is subject to certain minimum amounts and periods of time set out in the Solicitor's Accounts Rules.
Financial Services Authority
-
We are not authorised by the Financial Services Authority to carry on regulated activities.
Complaints Procedure
-
In the unlikely event that you have cause for complaint about our service, please raise the matter promptly with the Solicitor dealing with the matter and ask him or her for a copy of our complaints procedure, which explains our quality control, complaints and customer service systems.
.
