These terms apply where I have only agreed to attend court to present your case at a hearing – I have not agreed to prepare your case or come on the court record.
If you want me to prepare your case and come on the court record you will need to discuss that with me. Do not send an N434 to the court.
The fee we agree will be based on whether it is to be a preliminary/directions hearing, a half day hearing, or a full day (or more than 1 full day) hearing and whether travel costs have to be met to get to/from court and if the case is for more than 1 day whether B&B accommodation is to be paid for, so that I am on site for the 2nd (+ any other) day. If we agree a fee for e.g. a 1 day hearing (as will have been set by the court) and the hearing concludes within 1/2 a day, or e.g. a 2 day hearing concludes after 1 day, I will not be liable to give you any pro-rata refund on the fee.
If the other side has a solicitor they will have to prepare the bundle for the hearing, but if the other side does not have a solicitor and you are the claimant you may have to prepare the court bundle for the hearing. I have bundling software and I can prepare court bundles at an additional cost.
I will give all clients 15/20 mins free advice before the decide to retain my services. If you need to meet with me after that and before the hearing I charge £300 for a conference of up to 1 hour.
If I am tasked with typing up a court order after the hearing I charge an additional £75.
If you instruct me for a final hearing and you “lose the case”, should you then seek advice on a possible appeal I charge an additional fee for that service.
If you “win your case” and you are able to seek costs I will always make a costs application for you.
If you have a remote hearing by phone or video you shall send the court the number 07491041812 and the email firstname.lastname@example.org, so that I am called for the hearing or I am sent a link to join the hearing. You must supply me with the bundle for the hearing as soon as you receive it. You must also give my contact details to the other side should they seek to have pre hearing discussions with me
- 1 Introduction
- 1 These are the standard terms under which you have engaged NE Barristers Chambers to represent you.
- 2 In these standard terms:
- 2.1 Associates mean any partnership, company, wherever incorporated, or other legal person or entity controlled or represented by you or, if you form part of a group, all legal entities in that group;
- 2.2 Engagement means our engagement by you;
- 2.3 us, our, or we refers to NE Barristers Chambers;
- 2.4 Standard Terms means these standard terms of engagement.
- 3 These Standard Terms supersede any earlier terms concerning our Engagement that we may have provided to you. We reserve the right to amend these terms in the future in particular to reflect changes in law or practice.
- 4 In these Standard Terms headings are for convenience only and are not to be taken into account in construing the text.
- 2 Application
- These Standard Terms will also apply to all other matters on which you or any Associate may instruct us.
- 3 Our Charges
- 1 Our fees will be calculated on a fair and reasonable basis having regard to competitive fee rates in the legal services market in which we operate, our skills, the nature and extent of our Engagement and the overall circumstances.
- 2 On court advocacy we will charge a fixed fee.
- The fee includes preparing for the hearing by reading the papers; and
- Pre hearing discussions with you
- Drafting a skeleton argument for the hearing , if needed
- Pre hearing discussions with the other side,
- Dealing with emails in from you , and replying, as long as the quantity is limited. NOTE if the quantity of emails or phone calls become excessive I will have to charge for my time.
- 3 If applicable, VAT at the prevailing rate will be payable on our fees.
- 4 We reserve the right to make additional charges for substantial telephone calls, faxes and photocopying.
- 4 Billing arrangements
- 1 In relation to attending court I requires that a retainer be paid to secure the booking in my diary, the retainer is only refundable if you cancel the booking within 48 hours. If your case is adjourned before the hearing date the retainer will be refunded only if I am not available for the new court date.
- 2 The retainer is £200 for a directions or preliminary hearing, £300 for 1/2 day hearing and £500 for a 1 day (or more) hearing and the balance is due 48 hours before the hearing time, failing which I will not be able to attend the hearing and the retainer will not be refundable.
- 3 All bills are due to be paid on presentation unless agreed by us to the contrary.
- 4 Bills will be addressed to you, our client, not to any third party (even if requested by you) though we may agree to bills being paid by a third party if: we have satisfied ourselves as to the identity and address of the third party payer for anti-money laundering purposes; we have, if we require, satisfied ourselves as to the source of the third party’s funds.
- 5 Electronic Communications
- 1 Although we take considerable precautions to protect our electronic networks, we cannot guarantee the security or integrity of such communications and cannot accept any liability for degradation viruses or other infections. You nevertheless agree that we may communicate with you and others by email.
- 2 Where additional protection is required in respect of electronic communications you should notify us appropriately in writing.
- 6 Third party receipts
- Unless otherwise agreed on a case by case basis, any sums received or recovered by us on your behalf from any third party (for example from the proceeds of litigation or the disposal of any asset or property) shall be credited against any amounts due to us for our fees and disbursements incurred on your behalf, whether billed or not.
- 7 Limitations on our Liability
- 1 We will only provide our services to you under this Engagement and we will not accept any liability to any other person.
- 2 Except where expressly set out in these Standard Terms all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- 3 We will not be liable for failure or delay or for the consequences of any failure or delay in the performance of your instructions if it is due to any event beyond our reasonable control including without limitation, acts of God, war, industrial disputes, power failures, fire, flood, storm, explosion, acts of terrorism and national emergencies.
- 4 The extent to which any loss or damage will be recoverable by you from us will be limited so as to be in proportion to our contribution to the overall fault for such loss or damage, taking into account any contributory negligence by you, your other advisers and/or any other third party responsible to you and/or liable in respect of such loss.
- 5 We will not be liable to you for any indirect or consequential loss or damage or for any loss of profits.
- 6 Nothing in the Engagement shall affect any liability which we may have to you in respect of any personal injury or death resulting from our negligence any loss caused by our fraud. The terms of this paragraph shall apply notwithstanding any termination of our Engagement for any reason.
- 7 We may agree with you in the Engagement an appropriate financial limit on our liability to you which will always be subject to this paragraph.
- 8 For the purposes of this paragraph ‘liability’ and being ‘liable’ includes liability of any kind whether in contract or tort.
- 8 Anti-Money Laundering
- 1 The Proceeds of Crime Act 2002, the Money Laundering Regulations 2007 (the “Money Laundering Regulations”) and Solicitors Regulation Authority guidance require us, along with all other solicitors, (i) to undertake identity (including address) checks on a regular basis in respect of all clients; (ii) to ensure that each client, its business and its source of funds are known; (iii) to keep records of the identity and address checks for at least five years; (iv) to report to the authorities (without notifying the client) any suspicion of money laundering; (v) if such a report is made, to cease acting for the client (without explaining why to the client) unless and until the authorities give consent to proceed or unless and until consent is deemed to have been given pursuant to certain statutory provisions.
- 2 As a pre-condition to our acting for you we will require you to provide to us certain information and documents (originals or certified copies) which will be specified separately. This information and documents must be provided to us immediately following the request (unless specified otherwise) failing which we may have to cease to act and will consider whether the failure to provide the information/documents necessitates the making of a report to the authorities.
- 3 We accept no responsibility for any loss, damage or expense which may be suffered or incurred whether directly or indirectly or otherwise howsoever by any client or by any person or entity who or which has approached us with a view to becoming a client or who or which we understand wishes to become a client in any circumstances in which we have acted in compliance with what we consider to be our obligations pursuant to the Proceeds of Crime Act 2002, the Money Laundering Regulations or Solicitors Regulation Authority guidance and/or such other legislation, regulations or guidance as we may be obliged to comply with from time to time.
- 9 Confidentiality
- 1 All information regarding your business and affairs will be kept confidential at all times unless you instruct us to disclose information or we are compelled to disclose it by law, for example, where there is any suspicion of money laundering or other fraud or crime is involved.
- 2 Under money laundering legislation, solicitors are under a legal duty in some circumstances to disclose information to the National Criminal Intelligence Service. Where a lawyer 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.
- 3 If, while we are acting for you, it becomes necessary to make a money laundering disclosure, we may not able to inform you that a disclosure has been made or of the reasons for it because the law prohibits ‘tipping-off’. Where the law permits us to, we will tell you about any potential money laundering problem and explain what action we may need to take.
- 4 We may on occasion need to outsource work such as typing or photocopying documents. Although we will do everything possible to keep such outsourcing work confidential and secure, this can potentially increase the risks in relation to preserving client confidentiality for which we accept no responsibility.
- 10 Data Protection
- You acknowledge that, in order to act for you and for the proper and effective management of your file, we will obtain information from you, including personal data. You further acknowledge that it may be necessary to transfer your information and data within this practice. We confirm that we will deal with your information in accordance with our obligations under the Data Protection Act 2018and the GDPR.
- 11 Potential Conflicts of Interest
- An actual or potential conflict between your interests and the interests of another client of the firm, or the firm itself, may arise during the course of our Engagement. If this situation arises during our dealings with you, we will discuss the position with you and determine the appropriate course of action. In order to protect your interest, our professional rules may require us to stop acting for you on that matter.
- 12 Complaints
- Any complaints or concerns about our work should initially be raised with Dr John Brown.
- 13 Storage of documents
- 1 Files and papers relating to your matters will be stored for such time as we judge reasonable or for such time as we are required by law to do so, but in any event for a period of not less than six years, after which we may destroy them without further reference to you.
- 2 Such files or papers may be preserved in electronic form. This applies to all papers other than title deeds, wills and similar items you have asked us to keep in safe custody.
- 14 Acceptance of these terms
- 1 Your continuing instructions will amount to acceptance of our Engagement Terms.
- 2 These terms of engagement are subject to review from time to time.
- 15 Termination of the appointment
- 1 You have the right to terminate the Engagement by notice in writing at any time but the retainer will only be refunded should you cancel within 48 hour of paying the retainer to book the service.
- 2 Termination of the appointment or our inability to act for any reason will not affect our right to recover outstanding fees, disbursements or other charges, to render bills for work not yet billed, or to any other accrued rights upon termination.
- 16 Applicable law and jurisdiction
- 1 All opinions and advice given will be given under English law.
- 2 Our Engagement Terms and all matters arising from our contract are governed by English Law and are subject to the exclusive jurisdiction of the courts of England and Wales