Solicitors and Commissioners for Oaths

Established 1758

 

 

20 Bold Street Warrington WA1 1HP Tel. 01925 634681 Fax. 01925 230253 law@anlaw.co.uk

 

 

TERMS AND
CONDITIONS OF BUSINESS

 

We provide a full range of legal services including:

 

Private Client
Conveyancing
Wills and Probate
Personal Injury
Family Law
Employment Law
Landlord and Tenant advice
and purchases
Commercial Law

Commercial disputes
Commercial property
Professional negligence
Commercial leases, Accidents at work
Business set ups, sales
Business debt collection
Partnership disputes
Health Care Law

Directors:
R M Napier, R J Napier.

Authorised and regulated by the Solicitors Regulation Authority

SRA NO 611814

  

WE AIM to offer our clients quality legal advice with a
personal service at a fair cost. We aim to keep you regularly informed of
progress; to communicate with you in plain language, we will explain the legal
work that may be required, we will advise you regularly of the cost/risk
benefit of pursuing a matter and we will advise you of the likely timescale
involved.

 

KEEPING US INFORMED In order to be able to deal with your work effectively, we need to be
advised of any matters of which you are aware and which may affect our ability
to perform the services. We would therefore ask that you advise us as soon as
practicable of any developments that may affect any matter on which we are
acting for you.

 

1. PLACE AND HOURS OF BUSINESS

 

Our offices are located at 20 Bold Street, Warrington, Cheshire.  The normal hours of opening are between 9.10
a.m. and 4.55 p.m. on weekdays.
Appointments can be arranged outside those hours and outside the office as and when essential to the interests of a client

 

2. RESPONSIBILITY FOR WORK

 

2.1       The Directors and Principal Solicitors are Mr.R.M.Napier and Mr R.J.Napier. Please note that Mr.R.M.Napier is commonly called Tim Napier to distinguish him from Mr.R.J.Napier (Richard Napier).

 

2.2       We have already written to you with details of the person primarily responsible for the conduct of this matter.  His or her secretary may also be able to take messages and deal with any routine queries.

 

2.3       If you do have any problem with the service we have provided then please let us know.  We will try to resolve your problem quickly and operate an internal complaints handling procedure to help us resolve the problem between ourselves (copy available on request).  Please raise the problem first with the person with conduct of your case.  If you would prefer to contact someone else, or this does not resolve the problem, then please write to Mr Tim Napier.  If we are unable to resolve the problem between us, we are regulated by the Solicitors Regulation Authority which also provides a complaints and redress scheme.

 

3.  PROFESSIONAL INDEMNITY<, LIMITATION OF LIABILITY & CLIENT ACCOUNT

 

3.1       We maintain professional indemnity insurance to a total level of £3,000,000.

 

3.2       LIMITATION OF LIABILITY
Our aggregate liability to you or any other party, of whatever nature, whether
in contract, tort or otherwise for any losses whatsoever and howsoever caused
arising from or in any way connected with the matter on which we are
instructed:

*             shall not in any event exceed £3 million (inclusive of interest)

*             shall exclude any indirect or consequential economic loss or damage or loss of profits unless such loss is caused by our intentional default

 

3.3
We regret that we will not be liable for any losses
resulting from a banking failure.

 

3.4
Our client account (and any client designated deposit
accounts) are held at Royal Bank of Scotland Plc. The £85,000
Financial
Services Compensation Scheme (FSCS)
limit applies to each individual
client.  Therefore if you
hold other personal monies in the same bank, the
limit remains £85,000 in total. Some deposit taking institutions have several
brands (I.e. where the same institution is trading under different names).
Please check either with your bank, the FSA or a financial adviser for more
information.

 

3.5
You agree that if we make a claim under
the FSCS in respect of client money held on your behalf, you consent to us
giving certain client information to the FSCS to help them identify you and
amounts to which you are entitled in client accounts, and you agree that we may
charge on a time-spent basis for any such work.

           

4. FEES

 

4.1       Unless we have agreed an alternative fee arrangement with you which we have confirmed in writing, the basis for calculation of our fees is described below. Our costs are calculated mainly by reference to the time spent by the partner and staff dealing with your transaction or case; this will include attendances upon you and perhaps others; any time spent travelling; considering, preparing and working on papers and correspondence; making and receiving telephone calls. 

 

4.2       If you have asked us to act on behalf of a company of which you are a Director, then we will accept instructions from you on the basis that you have agreed to be jointly and severally liable with the company for payment of our fees and disbursements.

 

4.3       Each partner, solicitor and executive’s time is charged out at an hourly rate which reflects overhead costs.  Routine letters sent out by the firm are charged at 6 minutes a page, telephone calls in 6 minute units and consideration of letters received at 3 minutes per page. 

 

4.4       The current hourly rates are set out below.  These rates do not include VAT which will be added when an invoice is prepared.

 

            Solicitors

 

            Senior Solicitor:                        Mr R M Napier (Tim)                             £285

            Managing Solicitor                    Mr R J Napier (Richard)                       £285

            Consultant                                Mr Adrian Albinson                             £285

            Consultant                                Mr Graham Wright                               £285

            Head of Health Care Law        Mr Jonathan Jacobs                            £285

           

            Clerks

           

            Conveyancing Manager           Barbara Barnett                                  £250

            Wills & Probate Executive        Kristina Wills                                        £250

            Trainee Solicitor

 

Other fee
earners:                                                                               £190

                                                            

4.5       We normally review the hourly rates annually to take effect from the 1st August each year and we will notify you in writing of any such changes.

 

4.6       We reserve the right to increase the level of our hourly rate where you have requested (or your instructions make it necessary for) work to be carried out as a matter of urgency or outside normal office hours typically this will be around 20%.

 

4.7       We also reserve the right to increase the level of our hourly rate (typically such increase is by 20%) to take account of:

(1)       complexity of the case or difficulty or novelty of issues of law or fact;

            (2)       skill, specialised knowledge and responsibility required of us;

(3)number and importance of the documents (however brief) prepared or perused;

(4)
      place and circumstances in which the business involved is transacted;

            (5)       importance of the matter to you;

(6)       the amount or value, where money or property is involved.

 

4.8       In property transactions, in the administration of estates and in transactions involving a substantial financial consideration or benefit to the client, fees may be calculated both by reference to the time spent and also by reference to a value element. Thus for example the price of the property, the size of the estate or the value of the financial benefit may be taken into account. The value element reflects the importance of the transaction and the consequent responsibility (and insurance requirements) falling on the firm.  We will supply at your request further information on the calculation of the value element and whether it will be applied in your case.

 

4.9       We do not usually make a charge for routine black and white photocopies made or the sending of faxes but you will
appreciate that Court Bundles or Instructions to Counsel are often voluminous.  However we reserve the right to charge at the
rate of 25p plus VAT per page where the number of pages photocopied or faxed exceeds 20 or where faxes are sent abroad.
We charge for colour copies at the rate of 50p per page plus VAT.

 

4.8       Disbursements are payments made by us on your behalf. These might include court fees, counsel’s fees, fees for medical
reports, search fees, Land or Probate Registry fees etc.  Please note that we have no obligation to effect such payments unless you have provided funds for that purpose.  We will usually ask you for funds in advance for such payments.  VAT is payable on certain disbursements.

 

4.9       Fees are payable whether or not a case is successfully concluded or a transaction completed.  If any case or transaction does not proceed to completion for any reason during the period in which we have been instructed, then we shall be entitled to charge for work done on the basis set out above.  However in our absolute discretion we may waive part or all of such entitlement to fees.

 

5. ARRANGEMENTS FOR PAYMENT OF FEES

 

5.1       Property transactions. We will normally send you a bill following exchange of contracts and payment is required prior to or upon completion.

 

            Where you are a purchaser and we are instructed to act for the lender we will send you a copy of the lender’s bill if you have agreed to pay their costs.

 

            Where sufficient funds are available upon completion and we have delivered a bill to you we will usually deduct our charges from such funds.

 

5.2       Administration of estates.  We usually send you a bill on account of our costs and charges at intervals during the administration.  Such bills will normally be submitted when the Grant of Probate has been obtained and quarterly thereafter. We will send you a final bill when the estate accounts are delivered for approval. Where we hold sufficient funds on your behalf and we have delivered a bill to you, we will usually deduct our charges from those funds.

 

5.3       Family cases including divorce and children act proceedings – You agree that we may, at our option, bill you for the work done as the work is done. Each bill shall represent a statute invoice for the purpose of the Solicitors Act 1947

 

5.4       Other cases or transactions. We will send you a bill for our charges and expenses
when the work is completed however we often ask clients to set up a standing
order on account of fees and usually ask clients to pay sums of money from time
to time on account of the fees and disbursements which are anticipated in the
near future. Please meet such requests with prompt payment to avoid any delay
in the progress of the case.

 

            In transactions or cases likely to continue for more than one month, we will normally send you interim accounts covering the work already carried out. These are sent at least quarterly or at appropriate stages in the case.  We find that this procedure enables clients to budget for costs as the matter progresses.

 

            In the event of any bill or request for payment on account not being paid, we reserve the right to decline to act
further in the case.  We will send you a bill for the full amount of work done up to that date which will be due for
payment within 14 days.  We will not work for you if there is a bill outstanding.

 

5.5       Interest will be charged at the late payment interest rate applicable under the Late Payment of Commercial Debts
(Interest) Act 1998 where payment is not made within 14 days of such delivery.  If you are instructing us in
the course of business, we will also claim the statutory compensation arising from late payment.

 

5.6       Many clients find it convenient to arrange regular payments on account by way of standing order.  Standing orders should be expressed to be in favour of AN Law. Client Account number 11127372 at The Royal Bank of Scotland,
40 Horsemarket Street, Warrington, Cheshire – Sort Code 16-33-33.  If you are arranging a standing order
yourselves it is essential that your name should be quoted to our Bank with
each payment.  Standing Order forms are available.

 

5.7       We will quote a fixed price for legal
work where possible but you should also note:

 

            Conveyancing:

 

            In the case of a sale a quotation assumes that the property will be subject to one mortgage and that the title is
registered with one title number. The quote assumes that there are no legal,
physical or regulatory problems with the property. For instance it assumes that
all guarantees (including if applicable NHBC certificates), all planning and
building regulation documents and all ground rent receipts are available and
correct. 

 

            In the case of purchases the quotation assumes (1) that the title to the property is registered with one
title number; (2) that you will not need more than one mortgage; (3) there will
be only one associated life policy (if any) and (4) That the property is freehold
or if leasehold the ground landlord will not make a charge for registering
notice of Transfer and Mortgage as required by the CML Lenders Handbook. Where
a charge is made this is not included in our quotation since the amount is very
rarely known at this point: and we will notify you of the amount when we have
the information.

 

            If additional work is required because these assumptions are not met, then we
reserve the right to make an extra charge for the additional work
involved.  We will always endeavour to notify as early as possible. In such circumstances If you are not willing to
pay this extra charge you agree that we may stop work on your matter and bill
you for the work done to date on an hourly rate basis.

 

            It is not our responsibility to carry out a physical inspection of the property, if you wish us to do so please make
a specific request and we will do so at additional cost. We shall not advise
upon the valuation of the property nor the suitability of your mortgage nor any
other financial arrangements. We shall not advise generally on environmental
liabilities where we shall assume, unless you tell us to the contrary, that you
are making your own arrangements for any appropriate environmental survey or
investigations. We may, however, need to obtain on behalf of your lender at
your expense an environmental search.

 

            Where we are acting in the purchase of a property and also acting for the proposed lender, we have a duty to reveal
to your lender all relevant facts about the purchase and/or mortgage. This
includes any differences between the mortgage application and information we
receive during the transaction, and any cash back payments or discount schemes
that a seller is giving you.

 

            Wills: We will assume that you will have made up your mind what you wish to do and therefore no significant advice
will be needed on the choice of either executors or beneficiaries and further
that the potential estate is worth less £200,000.  If tax advice is also required, a basic
quotation can become quite inappropriate.

 

5.8       Where it is not possible to quote a fixed fee, for example in family or litigation matters, we will provide an estimate
of the likely costs and disbursements for each stage of the case and we will
update our estimate whenever possible.

 

            However you should regard the estimate as a very rough guide only because it is often impossible to say how
much work will be required, often because this depends upon the stance taken by
the other party. On occasions we are asked to provide a verbal estimate of our
likely costs. Whilst we will do our best in trying to come up with a guideline
figure such estimates invariably contain a significant number of assumptions
and often assume the best possible set of circumstances. We will not be bound by any verbal estimates.

 

            We will always advise you of the costs incurred to date upon request.

 

5.9       We reserve the right to exercise a lien over papers held by us for unpaid costs.

 

 

6. IMPORTANT INFORMATION CONCERNING COSTS

 

It is important that you understand that you will be responsible for paying our bills.
Even if you are successful the other party may not be ordered to pay all
your costs or your costs may not be recovered from them in full in which case
you will be liable to pay the balance of our costs and expenses.  If the other party is legally aided/community
funded you may not get back any of your costs, even if you win the case.

 

If you are successful and some or all of your costs are to be paid by another party, interest can be claimed on
those costs from the other party from the date on which the court ordered that
they should pay those costs.  We will account to you for such interest to the extent that any charges or expenses
have been paid on account by you, but we will be entitled to the rest of that
interest.

 

You will also be responsible for paying the costs of seeking
to recover any costs ordered to be paid by the other party.

 

There are circumstances where the court may make an order that you pay another
party’s legal charges and expenses, for example, if you lose the case, which
costs would be payable in addition to our charges and expenses.

 

On occasion it can happen that we submit a bill which includes provision for disbursements not yet paid.  Whilst we do our best to make sure that the figures quoted are correct, it is out of our hands if the amount payable is
varied before payment is actually made.
We will absorb the cost of any increases up to a total of £20, but you
must pay us the whole of the additional amount if there is a greater increase.  In the fairly unusual event of a reduction,
to save on administration, we will retain for ourselves any balance up to £20,
but we will account to you for the full amount of any greater saving.

 

You agree that if we hold any monies on your behalf (unless
we have agreed to hold that money for a specific purpose) then we may deduct
from that money such sum as may be due to us in respect of our fees and
disbursements.

 

7. INTEREST PAYMENTS

 

7.1       We do not pay interest where the amount payable would be less than £25.  Where the amount of interest exceeds £25 we will pay you interest on monies we hold on your behalf when it is fair and reasonable to do so under the circumstances.
You must understand that, in order to comply with the SRA accounts rules 2011,
our priority is to ensure instant access to those monies. We will not
therefore
be putting the money in any long term deposit accounts or other
investment schemes. The interest that we pay will be substantially less than
the money might earn if the money were deposited in an investment account or
scheme. If you wish for us to make other arrangements whilst looking after your
monies you need to draw this to our attention in writing. Interest will be
calculated and paid at the rate from time to time payable on Royal Bank of
Scotland plc’s business services practice call deposit accounts. We reserve the
right to charge a fee for such calculations (typically £25 for each period)
when the service provided is out of the ordinary. The period for which interest
will be paid will normally run from the date(s) on which we receive funds until
the date(s) of issue of any cheque(s) in discharge.

 

7.2       Where clients borrow from a lender (e.g. a Bank or Building Society)  we will request the lender to arrange that the advance cheque is received by us at least four working days prior to the completion date to ensure that cleared funds are available in time for completion. Clients should note that the lender may charge interest from the date of issue of the cheque.  If payment is received less than four working days before the money has to be expended, we reserve the right to charge you interest until the lender’s cheque clears since in effect you are borrowing from us.

 

            The same applies if in our discretion we agree to utilise funds received from you less than four days
before it needs to be expended.  It is essential to note that this facility will only be granted to well known clients
and for small amounts.

 

8. FINANCIAL SERVICES

 

We are registered with the Law Society under the statutory provisions.
We will account to you for any commission in excess of £20 (or the
entirety of commission arising from incidental investment business) we receive
from a financial institution or other third party, but we reserve the right to
offset any commission against fees or disbursements due to us.

 

Incidental Investment Business

Sometimes the work we carry out involves investments. We are not authorised by the
Financial Services Authority and so may refer you to someone who is authorised
to provide any necessary advice. However, we can provide certain limited
services in relation to investments, provided they are closely linked with the
legal services we are providing to you, as we are regulated by the Solicitors
Regulation Authority.

 
If you have any problem with the service we have provided for you then please
let us know. We will try to resolve any problem quickly and operate an internal
complaints handling system to help us to resolve the problem between ourselves.
If for any reason we are unable to resolve the problem between us, then the
Solicitors Regulation Authority and the Legal Complaints Service provide
complaints and redress mechanisms.

 
The Law Society is a designated professional body for the purposes of the
Financial Services and Markets Act 2000 but responsibility for regulation and
complaints handling has been separated from the Law Society’s representative
functions. The Solicitors Regulation Authority is the independent regulatory
body of the Law Society and the Legal Complaints Service is the independent
complaints handling body of the Law Society.

 
Insurance Mediation

We 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. 

 

The Law Society is a designated professional body for the purposes of the Financial
Services and Markets Act 2000 but responsibility for regulation and complaints
handling has been separated from the Law Society’s representative functions.
The Solicitors Regulation Authority is the independent regulatory body of the
Law Society and the Legal Complaints Service is the independent complaints
handling body of the Law Society

 

9. CONFIDENTIALITY AND USE OF DATA

 

To provide effective customer service, we need accurate information about you.  Please help us by writing to us to
inform us of any changes to your personal circumstances.  We have an obligation under the Data
Protection Act to ensure that all information is held in accordance with the
principles of the Act.  We will use the information to act on your behalf.  We
will treat all you personal information as private and confidential (even when
you are no longer a client).  Nothing about your affairs or name or address will be disclosed to anyone except as
allowed by law or for the purposes of your instruction or with your consent.  Where your business has been referred to us from
a third party, we may pass back information to that third party unless you specifically ask us not to do so.  You have a right under the Act for a copy of the information held about you, upon payment of the appropriate fee.

 

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 disclose 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 as the law
prohibits “tipping-off”.

 

On conveyancing matters unless you have given us
instructions in writing to the contrary we will pass on information on your
transaction to the Estate Agent.

 

10. EVIDENCE OF IDENTITY AND ANTI MONEY LAUNDERING

 

In order to comply with the law preventing money
laundering, we need to obtain evidence of your identity as soon as practicable.

 

a)
       Under the Regulations we are, other
that in exceptional circumstances, required to verify your identity before we
can provide you with services. We are entitled to refuse to act for you if you
fail to supply appropriate proof of identity for yourself or any principal whom
you represent. By signing these terms and conditions of business and returning
it to us you authorise us to disclose to the other parties in the transaction
and, if applicable to all other parties in the chain of transactions and their
agents and advisers all information which we have in relation to your
involvement in the transaction including any related sale or mortgage and other
financial arrangements and wishes as to the dates for exchange and completion.
You may withdraw this authority at any time but if you do so you should
appreciate that we will inform the other party or parties and their agents or
advisers that this authority has been withdrawn.  

 

b)
       We will not be liable for any loss, damage or delay arising out of the
firm’s compliance with any statutory or regulatory requirement.

 

In rare circumstances you make ask that third
parties pay us money either for our fees or as part of the consideration within
a transaction. The same requirements and obligations relate to these third
parties as relate to yourself.

 

Because or anti money laundering legislation
referred to above, if we become aware that a party to the matter might have
“criminal property”, for example the proceeds of tax evasion or benefits fraud,
then we would probably have to make a report to the Serious Organised Crime
Agency. Were this to arise, such report may have to be made without
notification to you, and the requirement for us to make this report would
override the normal rule of client confidentiality.

 

 

 

STORAGE OF PAPERS AND DEEDS

 

11.1     At the end of your case we will retain your
original file of papers for such period as we deem appropriate in our absolute
discretion.

 

11.2     We may decide to retain your papers in
electronic form.  If we do so then we
will destroy your original papers unless before the conclusion of the case or
transaction you have sent us a written request to return such papers to
you.  We will not destroy current Deeds,
Wills, securities or similar documents.

 

11.3     If you require papers to be kept for any
specific period you must give notice to us in writing to that effect.  In such circumstances we do reserve the right
to require you to take personal custody of the papers. Please note that this
provision includes pre-registration deeds and documents.

 

11.4     We will store in our fire safe wills, deeds
and other securities. Whilst we shall take reasonable steps to ensure that the
same is locked at the end of each business day we are not responsible for
taking any further steps to prevent their destruction, theft or loss. We may
charge you for such storage.

 

11.5     Where we retrieve stored papers, wills, deeds or securities in connection with continuing or new instructions to us to act in connection with your affairs, we will normally make no charge for such retrieval.  However, we reserve the right to make an administration charge based on time spent in producing stored papers or documents to you or another at your request or on perusal, correspondence or other work necessary to comply with the instructions given by you or on your behalf.

 

12. EQUALITY AND DIVERSITY

 

            This firm is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees, and is required to produce a written equality and diversity policy. Please contact us if you would like us to send you a copy of the equality and diversity policy.

 

13. FUTURE INSTRUCTIONS

 

Unless otherwise agreed, and subject to the application of then current hourly rates, these Terms and Conditions of Business shall apply to any future instructions given by you to us.

 

Although your continuing instructions in this matter will amount to an acceptance of these terms and conditions of business, it will
be helpful if you will please sign and return one copy of them for us to retain on our file.

 

14. MONEY HELD ON YOUR BEHALF

 

            There are occasions where we may end up holding money on your behalf, for example settlement money or sale proceeds. If this occurs and if there is either outstanding bills or work in progress or if it is reasonably obvious that there is more work to be done. You authorise us to deduct from any sum remitted to you an amount which can reasonable be expected to cover them same.

15. CHANGES TO THESE TERMS

 

We may, by one month’s written notice to you, modify these terms from time to time to reflect our current practice and/or changes to professional and other regulatory requirements which we are obliged to meet.

 

16. YOUR RIGHT TO CANCEL

 

Where we have accepted instructions from you which were given by telephone, over the Internet, at home or workplace, you have the right to cancel your instructions within 7 day. Where you have agreed that work should commence within that 7 day period, you will remain liable for all costs, disbursements and VAT for work carried out prior to our receiving your written notice of cancellation.

 

17. JURISDICTION AND PROPERTY LAW

 

            These Terms and Conditions are subject to English law.

 

18. DEEMED ACCEPTANCE

           

            When you have read and understood these terms you should sign and return a copy of the terms to us to signify your acceptance of them. If you fail to return the copy to us but continue to instruct us in relation to the services you will be deemed to have accepted these terms and the conditions.

 

KS 30/04/2013

Albinson Napier Law Ltd. Registered in England & Wales. Company No. 08755592. VAT No. 152416489

Registered Office: 20 Bold St, Warrington WA1 1HP

Authorised and Regulated by the Solicitors Regulation Authority SRA Number 611814.

The SRA Regulations can be found at www.rules.sra.org.uk. We are committed to promoting equality and diversity in all our dealings with clients, third parties and employees. We are a Signatory to the Law Society Diversity & Inclusion Charter.

© Copyright 2019. Albinson Napier & Co Solicitor Ltd. All rights reserved.

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