Please read the terms of this policy carefully before using the site
What’s in these terms?
This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
Click on the links below to go straight to more information on each area:
Who we are and how to contact us
www.bos-solicitors.com is a site operated by Burgess Okoh Saunders Limited (“We”). We are registered in England and Wales under company number 11017452 and have our registered office at 39 Dover Street, London, England, W1S 4NN. Our main trading address is 39 Dover Street, London, England, W1S 4NN. Our VAT number is 286803961.
We are a limited company. A list of our directors is available for inspection at our registered address.
We are authorised and regulated by the Solicitors Regulation Authority – SRA No. 644349.
This Firm does not accept the services of legal proceedings by email save as previously agreed on a case by case basis.
By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
Our terms of website use also apply to your use of our site.
We may make changes to the terms of this policy
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
Burgess Okoh Saunders Limited will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be in contempt of court.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from Burgess Okoh Saunders Limited, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Which country’s laws apply to any disputes?
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Terms and Conditions of Business
The legal services that Burgess Okoh Saunders provides are regulated and authorised by the Solicitors Regulation Authority. Our registration number with the Solicitors Regulation Authority is 644349. These terms and conditions are set out to comply with certain standards recommended by the Solicitors Regulation Authority and the Law Society. Their other purpose is to indicate to clients as clearly as possible the standard of service that they can expect from us, the amounts that we will charge for the work that we do and our methods of charging.
These terms and conditions do not affect statutory and common law rules that govern solicitors’ business. However, if there is a conflict between the terms and conditions and such rules, the terms and conditions will prevail so far as it is possible for them to do so.
When the words ‘we’ and ‘us’ are used in these terms and conditions, they mean Burgess Okoh Saunders. Burgess Okoh Saunders is a trading name of Burgess Okoh Saunders Limited registered in England and Wales. Its registration number is 11017452 and the registered office is situated at 39 Dover Street, London, W1S 4NN. A list of partners/directors is available for inspection at this address. Any reference to a partner or member means a director of the firm. Burgess Okoh Saunders is authorised and regulated by the Solicitors Regulation Authority.
These terms and conditions, any letter that we may send you which states that you have instructed us and any document referred to in that letter, together represent the terms and conditions on which we contract with you.
We aim to offer our clients quality legal advice with a personal service at a fair cost. As a start, we hope it is helpful to you to set out in this statement the basis on which we will provide our professional services.
Our normal opening hours at our offices are between 9.00am and 6.00pm Monday to Thursday and 9.00am to 5.00pm on a Friday. Messages can be left on the answer phone outside those hours and appointments can be arranged at other times when this is essential (subject to a fee).
Responsibility for work carried out on your behalf
The person(s) who will carry out all or the majority of the work on your matter is or are shown on the letter that accompanies these terms and conditions.
In certain circumstances, it may be appropriate for some work to be carried out by other members of staff, such as paralegal, secretarial or support staff. This allows us to provide a more efficient service to you and also to charge you the appropriate amount for the work done. All work by such staff is performed under the supervision of a solicitor. A partner has overall supervision of the matter.
Charges and expenses
How we charge
Our fees are based on the amount of time we spend in dealing with your matter. The time we spend will include (but will not be limited to) the following types of activities: meetings with you, members of your staff, experts and maybe others; drafting documents (such as statements of case, witness statements, and letters instructing advocates and experts); attending court; considering, preparing, reviewing and working on various documents; correspondence; travel and waiting time when required to attend matters outside of the office; and making and receiving telephone calls.
In addition to the time that we spend, we take into account various other factors including the complexity of the issues involved in the matter, the speed at which action must be taken, the expertise or specialist knowledge that the matter requires and, if appropriate, the value of the property or subject matter involved. Our rates may be adjusted upwards if, for example, the matter becomes more complex than expected or must be carried out in an emergency or out of hours. In these circumstances, we reserve the right to charge two times the hourly rate for any work that is required to be carried out outside our normal office hours or on an expedited instruction.
If you require more information or have a concern about our rates after an annual review, please do not hesitate to contact us.
Our current hourly rates are:
Partners – £375.00
Senior Associates – £275.00
Associates – £225.00
Trainees and Paralegals – £175.00
Estimates of Costs
Please note that any estimate, quotation or other indication of costs is not intended to be fixed by us. Please also note that charging rates may be increased, and we will notify you 2 months in advance of any increase in the hourly charging rates. If you have any query about the level of any revised rate notified to you, please contact the person in charge of your matter immediately.
In general, regarding contentious matters it is often difficult, in the first instance, to provide an accurate estimate of the likely overall costs. Nevertheless, we try where possible to give estimates for the overall costs of the matter concerned and more particularly, we shall endeavor to give you estimates for each stage of the matter as the matter proceeds and at least every six months.
We add VAT to our charges at the rate that applies when we carry out the work. Currently this rate is 20%. Where services are supplied under Schedule 5 of the VAT Act 1994, VAT is not chargeable and this will not be added.
You must also pay for the expenses that we incur on your behalf (commonly called ‘disbursements’). These include photocopying charges, courier costs, travel expenses, overseas telephone calls and the costs of using the services of other professionals and other persons (such as surveyors, accountants, advocates and other agents). Fees may also be payable to central and local government, regulatory and other bodies (such as court fees, search fees, company searches and so on). VAT is normally payable on these items. Details of any disbursements will be notified to you as soon as possible.
Photocopying charges and the costs of facsimile transmissions which form part of our overheads are normally included within the service at the expense rate quoted. However, we reserve the right to charge for these separately in the event that the amount of photocopying and the use of facsimile transmissions or other technology reasonably require this. Please note that we will charge 20 pence per photocopy but will discuss this with you first.
Any bank transfers to be made in relation to your matter will incur an administrative charge by us of £35.00 plus VAT which includes the bank charges except in instances where large international payments are made. Charges on the fees of such transfers will be advised on a case by case basis.
If we need to carry out unforeseen additional work, we will let you know about this (normally before we carry it out) and provide you with an estimate of the cost. This situation can arise because of unexpected difficulties, a change in your requirements or a change in circumstances during the course of the matter (such an unexpected action or inaction by the other party or parties involved in the matter).
Matter not concluded
If your matter is not concluded, we will still charge for the time that we have spent and the disbursements and expenses that we have incurred on your behalf. You must still pay our charges and expenses.
Money on account
We will normally ask you to pay certain sums in advance of us carrying out work and incurring expenses on your behalf. From time to time, we will ask for further sums in advance during the course of the matter. We will offset such payments made in advance against the invoices that we send you from time to time and the final invoice. However, you should be aware that the total charges and expenses are likely to exceed the advance payments that you have made to us.
We reserve the right to clear any cheques or other forms of payment that you provide to us before carrying out any work on any aspect of your matter.
Invoices and Late Payment
We will send you invoices for our charges and expenses on a regular basis during the course of the matter, normally monthly. This will enable you to budget your costs. All invoices sent to you are statute bills unless otherwise stated.
Unless otherwise stated by our Client Care Letter, payment is due promptly on receipt of our invoice and if it is not received within 14 days of receipt of the invoice.
If all or part of an invoice remains unpaid for more than one month, we reserve the right:
(a)to charge interest on the outstanding amount at the rate applicable to judgment debts or at the rate of 5% above Barclays Bank base rate, whichever is higher; and
(b)to stop work on any existing matter and to refuse any further instructions from you.
Further, we reserve the right to charge an additional 5% late payment charge for invoices that are outstanding for more than 14 days.
Once an invoice has been raised and sent to you, we are entitled to immediately transfer the fees and disbursements stated therein from monies held on the client account. In any event, in compliance with the SRA Handbook, our fees will be transferred out of the client account before 14 days have lapsed from the date of the invoice.
Please note that where you have instructed us to act for you and another party (for example your spouse, company, director etc.) jointly then you will be jointly and severally liable with that other party for the payment of our invoices. This means that you will be responsible for payment of the full amount of our invoices should the other party choose not to contribute for any reason.
Where instructions are given on behalf of a company, the instructing party (for example a director, shareholder or beneficial owner), accepts personal responsibility for our fees unless otherwise agreed.
We reserve the right, in accordance with SRA Rule 27, to offset outstanding invoices against monies we hold on account for you, unless such funds are held specifically for the purpose of discharging disbursements, such as counsel’s fees or court fees. In the event that you have instructed us on multiple matters we may, where appropriate, transfer surplus funds from one account to another in order to clear any outstanding balance. We will however notify you of this first.
Your rights with regard to our invoices
If you have queries about any invoice that you receive, please contact us immediately.
If you do not agree with the amount of any of our invoices, you have the right to complain about this and refer your complaint to Aaron Burgess, our Compliance Officer for Legal Practice (COLP). Your complaint will be dealt with under our complaints procedure as set out in our Client Care Letter and on our website http://www.bos-solicitors.com/. For further details of your rights, please consult the Solicitors Act 1974 Section 70.
If you use the complaints procedure or procedure under the Solicitors Act 1974 and any part of an invoice remains unpaid, we have the right to charge interest on it (on the basis set out in paragraph 3.10 above).
Electronic mail (and other forms of electronic communication)
Electronic mail and other forms of electronic communication (such as texting and voicemail) enable us to communicate promptly with our clients (and also enable clients to efficiently correspond with us). However, not every client finds one or more of these methods of communication acceptable. Some have concerns about who might see the contents of such communications and not every client has systems in place to ensure that only the addressee of a form of electronic communication will see it. The letter which accompanies these terms and conditions allows you to indicate whether you agree to letting us communicate with you by email or other forms of electronic communication. However, we cannot be responsible for the security of correspondence and documents sent by email or fax.
In order for us to provide you with legal services you will need to provide us with information about yourself. Although the information you provide is used primarily for the provision of legal services, it may also be used when we carry out tasks to support the legal services (such as administration, invoicing and keeping client records etc.). While we are performing the legal services, we can also collect or retrieve information about you from third parties.
We are obliged by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2017 (MLR 2017) which came into force on 26th June 2017 to obtain and hold documents which will contain your personal data in relation to which the General Data Protection Regulation 2018 which came into force on 25th May 2018 will apply.
How we use this information depends on four factors:
the instructions that you provide;
the requirements of the General Data Protection Regulation 2018;
the requirements of the Data Protection Act 2018; and
the duty of confidentiality that we owe you.
In particular circumstances, we may disclose the information that you have provided or that we have collected or received about you to other persons and organisations. For example, this information may be disclosed to:
other suppliers of professional services, such as other lawyers, accountants and expert witnesses. For example, if we are helping you to negotiate a contract with a third party, a lawyer may be representing that party and we will need to disclose information about you to them during discussions about the contract;
the courts and governmental and regulatory authorities. For example, if we are applying for a permit or a licence on your behalf, we must disclose relevant information about you to the organisation that is granting permission or issuing the licence; and
organisations that regulate the legal profession.
You have the right to access any personal data that we hold about you. Further details about how to do this can be found on the Information Commissioner’s Office website at www.ico.gov.uk.
Your have the right to request copy of any personal data we hold about you. If you are not satisfied with the service we provide with regard to the protection of your data you are entitled to contact the Information Commissioner’s Office Helpline: 0303 123 1113.
Proof of identity
We are required by law to obtain satisfactory evidence of your identity (which can include people who are related to you). This is because criminals who want to launder money may use solicitors who handle and deal with money and property on behalf of clients.
To comply with our duties, we must have the evidence of your identity as soon as possible.
For individuals, in most cases, identification evidence will consist of the following two documents:
your current valid passport; and
a document (such as a utility bill or a bank statement) that shows your name and your current residential address and is dated no more than three months before the date on which we ask for the evidence of your identity.
For companies in most cases identification will involve:
us carrying out checks with the Registrar of Companies as to your existence and standing;
other checks with third party organisations in appropriate cases;
our inspection of your statutory registers and minute book;
obtaining the necessary identification evidence from those persons who we are dealing with on your behalf, and those persons who hold a 25% or greater share of the company.
If you are unable to supply the documents listed in Paragraph 7.3 or 7.4 above please contact us to discuss alternative ways that you can be identified.
In some cases, in order for us to properly identify you, we may need to carry out checks or obtain searches with third parties, and as such additional charges may be necessary to cover our expenses for such additional searches. Any such charges will be discussed with you in advance and will be listed under the professional charges section of our invoice to you.
Where you cannot provide satisfactory evidence of identity then we may not be able:
to act for you, and/or
to receive any money from you; and/or
to pay any money to you or to a third party on your behalf.
Confidentiality, money laundering and proceeds of crime etc.
As solicitors, we have both a professional and a legal obligation to keep your affairs confidential. These obligations include not disclosing the information that you provide to us (except as otherwise provided in these terms and conditions) or details about the legal services that we are providing to you.
These obligations of confidentiality are not absolute. In certain circumstances, we may have a duty under the law to make a disclosure to the National Crime Agency. This duty to make a disclosure will be triggered when we suspect or know that a transaction may involve money laundering or terrorist financing.
If we do make a disclosure to the National Crime Agency in connection with your matter, this is likely to mean that:
we cannot tell you that a disclosure has been made;
we must stop working on your matter for a period of time; and
we cannot tell you why we have stopped working on your matter.
As a result of Money Laundering Regulations 2017 Burgess Okoh Saunders:
Will only accept up to £500.00 in cash for any transaction. Sums in excess of that amount will not be accepted;
Will insist on proof of ID and source of funds for f any third-party cheques or payments;
May ask for more information as to your background and the transaction; and
May insist that all financial matters and receipts of funds are affected well in advance of the date of expected use or requirement of those funds and refuse to exchange or complete your contractual obligation until fully satisfied as to relevant circumstances and/or deemed or actual consent to the transaction has been obtained by us from the National Crime Agency.
If you and another person jointly instruct us on a matter, you agree that there will be no confidentiality between you and the other joint client and that information you disclose to us can be shared with the other joint client. We can also share information that you provide in relation to a matter with a third party (such as an accountant or estate agent and so on) who is helping with the matter, unless you instruct us otherwise. You also permit us to disclose information about matters on which you instruct us to our insurers, auditors and the regulatory bodies governing the work of solicitors. We will only do so in confidence.
If a conflict of interest occurs (for example, where your interests conflict with those of another joint client on the same matter or another client), we may have to stop acting for you. A conflict of interest can arise for a number of reasons. For example:
if you do not wish to allow us to disclose information that you have provided to another joint client (such as where you are buying property with a mortgage and do not wish us to disclose certain information to the lender who is a joint client with you);
if you provide information to us which we must disclose to another client (in order to act in their best interests as well as yours) but you do not wish us to do so, or the other client provides information which we must disclose (in order to act in your best interest) but they do not wish us to do so; or
if another situation develops where it would be a breach of professional rules for us to act for both you and another client.
Insurance and liability
You acknowledge and agree that if you wish to make a claim relating to or in connection with the services provided by us, the claim can only be brought against Burgess Okoh Saunders and not against the individual members, officers, directors or employees. We believe that this is reasonable as it corresponds to modern business practice and Burgess Okoh Saunders has in place indemnity insurance as required by the Solicitors Regulation Authority.
‘Claim’ means any claim whether arising out of this agreement or otherwise, and whether such a claim is made in contract, tort, on the ground of breach of trust or on any other basis.
Where a person is called a ‘partner’, the purpose is to indicate that person’s status. It is not to be assumed that the person is holding himself out as a partner for the purposes of partnership law. All partners are acting in their capacity as directors, members and employees of Burgess Okoh Saunders.
Our maximum liability for loss or damage, breach of contract, breach of trust, negligence or otherwise (with the exception of fraud) is £4 million for any one transaction/matter or series of connected transactions/matters, unless a higher amount is stated in the letter that accompanies these terms and conditions.
Your rights in respect of any breach on our part of this engagement shall only be enforceable if notice in writing giving all material details of any claim shall have been given to us on or before the second anniversary of the date appearing at the top of the client care letter.
We will not be so liable if such losses are attributable to the provision of false, misleading or incomplete information or documentation or due to the acts or omissions of any person other than us.
We will not be liable, to you or any third party, for any loss, damage, costs or expenses of an indirect or consequential, special or exemplary nature, including without limitation any economic loss or other loss of turnover, profits, opportunities, business or goodwill, howsoever the indirect or consequential economic loss or damage is caused, including our negligence but not our willful neglect.
We limit our liability as far as the law permits. We cannot limit our liability where, because of our negligence, we cause death or personal injury to occur.
We have professional indemnity insurance in place. The original certificate of insurance is available at our offices. Should you wish to inspect the insurance certificate, kindly let us know and we will produce the same.
The charges and expenses of another party
You are responsible for paying our charges and the expenses incurred on your behalf in all circumstances. We will discuss with you whether and when another party or person may be legally required to pay them.
If you succeed in court proceedings or through a form of settlement another party or person:
may be required to pay our charges and expenses instead of you; or
may be required to pay only a part of such charges and expenses.
Although another party may be required to pay all or part of our charges or expenses incurred, they may refuse to pay or not have the funds to pay.
If another party is legally aided or has community legal funding it is unlikely that party will be required to pay our charges and expenses incurred even if you succeed in a case against them.
In all these circumstances you will be responsible for paying any or all of our charges and expenses incurred which are not, in fact, paid by another party or person.
If a court requires another party or person to pay all or some of our charges and expenses incurred, interest on these can also be claimed in addition from the date of the court order. We will account to you for such interest to the extent that you have paid our charges or expenses on account. But we are entitled to the rest of that interest.
You will be responsible to pay the charges and expenses of trying to recover any charges and expenses that the court orders the other party or person to pay.
A court may also require you to pay the legal charges and expenses incurred by another party, usually when you are not successful in legal action against them or they are successful in legal action against you. Such payments would be in addition to our charges and expenses incurred.
We will discuss with you whether it is possible that our charges and expenses incurred and any liability to pay another party’s charges and expenses incurred can be covered by insurance. Also, we will discuss with you whether you should have insurance to meet any liability to pay another party’s charges and expenses incurred, and whether you are eligible for Legal Aid.
You should immediately check whether you have insurance policies which provide cover for some or all of your legal costs concerning this matter. If you do, then you should immediately notify the insurer about this matter. If you delay in informing them then they may refuse to accept the claim and this would mean you would be responsible to pay all the charges and expenses incurred.
Storage of papers and documents
We are entitled to keep all the papers and documents generated by us or received from you or other persons (including original documents) if some or any sums that you owe us have not been paid at the end of our work on the matter or after the termination of the retainer.
We normally keep papers for no more than six years (except for those that you ask us to return to you).
We keep the papers on the understanding that at the end of six years after the date of the final invoice we sent to you, we have your express authority to destroy the papers. However, we will not destroy any papers that you have expressly asked us to deposit in safe custody.
We will not charge a fee for retrieving the personal data we hold about you, however where the request is unfounded or excessive, we may charge a reasonable fee to perform this request. We do not usually charge for retrieving papers or documents held in storage where you are providing continuing or new instructions. However, we may charge (based on the time that we spend in retrieving stored papers or documents) for producing them to you or to another person at your request.
Cancellation or Termination of Instructions
You can terminate your instructions to us in writing at any time. However, if you have not paid all the sums owed to us, we are entitled to keep your papers and documents until you do so.
During the course of the matter, you may come to believe that we should stop acting for you. This may be the case if, for example, you cannot give us clear or proper instructions on how we should proceed, or it has become apparent that you have lost confidence in the way that we are carrying out work on your behalf.
We will only stop acting for you when we have a good reason to do so; for example:
if you do not pay one or more of our invoices;
if you do not make an advance payment promptly when this has been requested;
if you provide instructions that are unreasonable or would require us to breach a professional rule or a duty to the court or involve the commission of a criminal offence; or
if there is a conflict of interest.
If we decide to stop acting for you, we will give you reasonable notice that this is what we plan. The precise length of the notice will depend on the circumstances.
If you decide that you no longer wish that we act for you, you must pay us for the time that we spend based on our hourly charges plus any expenses incurred up to the date of our ceasing to act for you.
Where your instructions to us are as a result of an ‘off premises contract’ you have a statutory right to cancel your instructions to us in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days. We will write to you separately concerning any such contract made with us. An “off premises contract” is one made at a meeting between us not held at our offices or in a situation where we do not actually meet.
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract (occurring when you sign our firm’s terms and conditions supplied with our Client Care Letter). To exercise the right to cancel, you must inform us at Burgess Okoh Saunders, 39 Dover Street, London, W1S 4NN (tel: 020 3874 2021, email email@example.com) of your decision to cancel this contract by a clear statement. You may use the following wording: – “I, [insert name] of [insert address] have decided to cancel my instructions with you relating to [insert description of matter]’’. Such wording is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payments received from you provided that if you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is equal to the cost of any work we have carried out and the disbursements that we have paid on your behalf for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the contract. Such costs and disbursements will be in proportion to what has been supplied, in comparison with the full estimated cost of our services.
The costs are to be calculated on the basis of the total estimate in the Client Care Letter or
Our hourly rates per clause 3.2.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement save as provided above.
Unless and until either an alternative fee arrangement has been agreed and confirmed in writing by us the basis for the calculation of our fees is described in clause 3.2 and is mainly by reference to the time spent by the Partner and other staff dealing with the transaction or case; the time charged being all time spent on your affairs.
Equality and diversity
We have a strong commitment to embracing as well as promoting equality and diversity in the relationships that we have with our clients, our employees and third parties. Burgess Okoh Saunders does not discriminate in the way that we provide services on the grounds of race, colour, religion, nationality, ethnic origin, sexual orientation, gender, age, disability or marital status.
If you provide us with further instructions, these general terms and conditions will apply, unless we agree otherwise.
For the purposes of the Contracts (Rights of Third Parties) Act 1999, this contract is not intended to, and does not, give any person who is not a party to it the right to enforce any of its provisions.
Only the person(s) named as our client or clients in the Client Care Letter accompanying these terms and conditions can rely on any advice or assistance or other work that we provide. If any information given as part of our advice, assistance or other work is revealed to a third party by you (or by us), you must then inform the third party that we accept no responsibility for it.
Law and jurisdiction
This agreement will be governed by and construed in accordance with the laws of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
Examination of our files and systems by third parties
We may need to let another organisation (such as the body that regulates solicitors, the Solicitors Regulation Authority) examine or audit our systems and files, or to produce material to them. In this situation, they are under a duty to maintain confidentiality in relation to your files. If you object to your file being audited by an external auditor kindly advise us at the outset of the matter.
We are not authorised by the Financial Conduct Authority, under the Financial Services and Markets Act 2000. If, while we are acting for you, you require advice on investments, we may need to refer you to someone who is authorised to provide such advice. We are able in certain circumstances to offer a limited range of investment services to clients, as members of The Law Society of England and Wales and regulated by The Solicitors Regulation Authority. We can provide limited investment services if they are an incidental part of the professional services we have been engaged to provide.
Financial Services Compensation Scheme
Our client funds are held with Metro Bank PLC.
It is highly unlikely that we will be held liable for losses resulting from a banking failure. The £85,000.00 Financial Services Compensation Scheme (FSCS) limit applies to each individual client, so if you hold other personal monies in the same deposit-taking institution as our client account, the limit remains £85,000.00 in total.
If a corporate body client is not considered to be a small company by FSCS it will not be eligible for compensation.
Some deposit taking institutions have several brands, i.e. where the same institution is trading under different names. You should check either with your deposit-taking institution, the Financial Conduct Authority or a financial adviser for more information.
If requested by a client we pay interest on client monies held by us in accordance with the Solicitors Act 1974, subject to certain minimum amounts and periods of time set out in the Solicitors’ Regulation Authority Accounts Rules 2011. Interest will be calculated and paid to you at the rate from time to time payable on Metro Bank designated client accounts. In the event that we are holding monies to your credit on one of your matters and there are unpaid costs or disbursements on another of your matters, we reserve the right to apply any such funds to discharge your liability to us.
All intellectual property rights subsisting in any documents or works created by Burgess Okoh Saunders or any third parties in relation to your matter shall remain proprietary to the party that created such document or work, unless otherwise agreed by Burgess Okoh Saunders or the third party in question.
End of Your Case
When your case comes to an end we will tell you the outcome and anything else you need to do including whether you need to look at the matter again in the future. We will return any of your property, unless you ask us to store it, and account to you for any outstanding money.
If you need to see your legal representative please book an appointment before attending the office. If for any reason you have difficulties contacting them or have minor queries, then please feel free to write to us or send an email to firstname.lastname@example.org and we will respond without delay.
Change of Address/Telephone
If you change your address and/or telephone number, you must inform us immediately in writing of the same, as if we are unable to contact you, your case may suffer detriment.