These terms of business apply to the services provided by us in relation to your family law issues and other such matters as may be agreed between us. Whenever we work with you these terms and conditions will apply unless otherwise agreed in writing.
We usually supplement these terms of business with a letter of engagement (‘Engagement Letter’) which sets out in more detail the terms of our engagement. To the extent of any inconsistency, the terms of the engagement letter overriding these standard terms of business.
Ketley Miller Joels Ltd is a limited company incorporated in England and Wales with registered number: 10026377. The firm is authorised and regulated by the Solicitors Regulation Authority (SRA) with identification number 628304. The firm has “directors”. The business title “partner “ is used to refer to a director of Ketley Miller Joels Ltd or an employee or consultant of Ketley Miller Joels Ltd with equivalent standing but does not imply those individuals are directors of the limited company.
The sole director of Ketley Miller Joels Ltd is Clayton Miller. Philip Cooper is a non-director who is designated as a partner. Sohinni Sanghvi, Darren Hark, Che Meakins and Elizabeth Simos are non-directors.
Professional indemnity insurance is maintained by us in accordance with the requirements of the SRA. Details of the insurer and of the territorial coverage of the policy are available for inspection at our office. The limitations on our liability are set out below to which your attention is drawn.
Scope of Services
The scope of the services we are to provide to you will be agreed and detailed in the engagement letter or will otherwise be agreed between us in writing.
You agree that we are not required to provide advice or other services outside of family law and as set out in the agreed services unless our instructions are varied by agreement during the course of your matter. We will not be responsible for any failure to advise or comment on any matter that falls outside the agreed scope of work. For example, our services do not include advice on the tax implications of any course of action nor any critical dates, deadlines or notice periods for such work.
We will only advise you on the laws relating to the work undertaken by this practice, that is family work, that apply in England and Wales. We will not advise you on any accounting, actuarial or financial related issues. The advice we provide you is specifically for the purpose of the matter concerned. It is for your sole and exclusive use. All communications between us are confidential and you agree that you may not, without our prior written approval, disclose them to any person. Nothing is to be made public except as required by law or any regulatory authority to which you are subject.
After your matter has finalised we will have no responsibility or duty to provide you with any updates or developments in the law which may affect our previous advice.
Person Responsible for your Work
We will allocate to you a partner, consultant or other senior individual who will have overall and final responsibility for your matter. At the outset of a new matter we will discuss resourcing with you and will agree which members of staff will handle your case. This will be made clear in the engagement letter. If this changes during the course of your matter we will discuss this with you although any change will be avoided where possible.
Quality and Level of Service
We aim to deal quickly and efficiently with all matters and will keep you advised in plain language of any developments and steps advised. No significant steps will be taken without your instructions.
If you have any concerns or queries concerning your matter, these should be raised with us as soon as possible. No concern or query is too small to raise and we take great care to ensure that you understand the process and your options at each stage. We will update you regularly with progress on your matter.
We are Lexcel accredited. Lexcel is the Law Society’s quality mark for excellence in legal practice management and in client care.
We aim to return all telephone calls, urgent letters and emails within 24 hours, and all routine correspondence within 3 days. Please note that office hours are 9am to 5.30pm although we often work early or late and may contact you outside these times unless asked not to by you.
Unless agreed otherwise, we may send communications by email. Use of email carries certain risks including non-delivery, delays, data-corruption, interception, transfer of viruses, loss of confidentiality and privilege. We do not accept liability for any loss resulting from the use of email in your matter. Cyber-crime is becoming more prevalent. We take all reasonable steps that we can to protect against this. Should you be in any doubt as to whether an email is genuinely from us then you should contact us to verify its authenticity.
In circumstances where we receive either correspondence or emails not intended to be sent to us, we are under no duty to advise you of receipt of such communication and/or its content.
This practice does not undertake publicly funded work. Legal aid is no longer available for most family law cases apart from in limited circumstances. The current criteria for public funding is set out on the Ministry of Justice website at www.gov.uk/legal-aid although we will tell you if we believe you may qualify for public funding at the outset of your case. It is for you to check whether or not you would be eligible either at the beginning of your case or if your circumstances change, during the case.
You agree to pay our fees. Our fees are calculated by reference to the time we spend on your matter. The time recorded by all individuals will be charged including time spent attending meetings with you and/or third parties, attending Court, travelling, preparing cost calculations, taking instructions, considering and working on papers, dealing with correspondence (including emails) to or from you and/or third parties and making and receiving telephone calls to or from you and/or third parties.
From time to time we review our hourly rates. You will always be notified in writing of any increase of rates which will apply from the time of such notification, unless agreed otherwise.
At the commencement of your matter we will provide you with a cost estimate. This will be updated throughout your matter as it progresses. It is sometimes the case in family law matters that as the case develops new issues unfold. This can take the case in a completely different direction and cause the costs estimate to be varied. In these circumstances we will provide you with a revised cost estimate as soon as possible.
Any cost estimate we give you is an estimate only and is a guide to assist you in budgeting and is not to be regarded as a firm quotation to carry out the work at a fixed price. Our fees are not dependent on the outcome of the matter. There may be unusual circumstances in which an uplift is applied to our hourly charges. These circumstances would include unsociable hours or urgent injunctions requiring weekend or evening work. Any uplift will be discussed with you before being applied.
Disbursements and Expenses
You agree to pay any disbursements which we incur on your behalf. This may include Counsel’s fees, expert’s fees, costs draftsmen’s fees, courier’s charges, travel expenses, Court fees, Companies House fees, Land Registry fees and other costs.
Court fees, Counsel’s fees and costs draftsmen’s fees are required to be paid in advance of such disbursement being incurred on your behalf. We are not obliged to incur any disbursements on your behalf.
There may also be additional expenses for:-
i) exceptional quantities of photocopying (e.g. Court bundles, Counsel’s brief). This is usually reserved for documents over 100 pages and is charged at the rate of 20p per A4 page.
ii) exceptional telecommunications, fax, postage and other such expenses.
iii) credit card charges and any bank charges incurred by us on your behalf for payments from our client money accounts or payment received by us for which charges are incurred.
We may sometimes be required to give a binding commitment to pay an amount of money on your behalf. Unless otherwise agreed, we will not give such a commitment unless that money is held by us in advance.
We will each month bill any outstanding work in progress over £100. These bills will include all work done across all matters to that date as well as disbursements and expenses incurred on your behalf.
Payment in full of all invoices is within 28 days of delivery of the invoice. All invoices are payable in full regardless of the outcome of the matter, including whether a matter completes or a claim succeeds.
If you do not settle your account within 28 days from the date of delivery then we reserve the right to charge interest from 28 days after delivery of the invoice. The rate charged will accrue daily at the rate of 8% per annum. We are also entitled to charge you for our costs of recovering the unpaid amount, and to instruct a third party firm or debt recovery organisation to take necessary steps to recover any unpaid amounts.
We are also entitled to suspend or terminate the provision of services to you on reasonable notice and to retain documents or papers belonging to you until all sums outstanding to us are paid in full. Circumstances may arise where a third party is to pay our charges or a Court Orders a third party to pay all or part of our costs. You remain liable to pay your costs and any charges until such time as the costs and any charges are received from the third party when they will either by credited to your account or sent to you. Further, to the extent that the third party does not pay those costs or charges in full.
Money being held by us on your behalf will be taken in payment or part payment of our invoices unless that money is specifically held for another purpose, as required by the Solicitors Accounts Rules.
We do not accept payments in cash above the amount of £500. If you deposit cash amounting to more than £500 directly into our bank account, we reserve the right to charge you for any checks we deem necessary regarding the source of funds and any additional actions undertaken by us or costs incurred in dealing with this transaction.
We will accept payment of our invoices by bank transfer, cheque, debit or credit card. Any charges incurred by us in taking credit card payments will be invoiced to you.
Please note that we will not accept payment of our fees from a person other than you without our prior agreement. We require evidence of proper authorisation for the payment and full clearance for anti-money laundering purposes. We reserve the right to charge you for any checks we deem necessary regarding the source of funds and any additional actions undertaken by us as a result.
The SRA Accounts Rules 2011 make provision for keeping client money safe and available for the purpose for which it was provided. The Rules also provide for the payment of a fair and reasonable sum of interest, when appropriate.
Client money must be held in a client account as defined by the Banking Act. In doing this, funds are protected from being used to cover any liability to the bank by the firm.
There are two types of client account:
- General client account – this is an account where the majority of client money is held. These funds can always be accessed instantly and as such the interest will not be as much had you invested the money yourself. Interest under this account will be accounted to you when it is fair and reasonable to do so in all of the circumstances as detailed further below.
- Designated client account – this is an account set up specifically for an individual client and will be titled by a reference to your identity. We will generally arrange for all sums in excess of £50,000 which it is anticipated will be held in excess of 8 weeks to be placed in such an account.
We will compound interest quarterly. Interest will be calculated and paid to your matter once your matter has concluded unless otherwise agreed with you. Due to the administrative costs involved, we will not pay interest if the sum calculated is less than £50 in total for the full period during which we hold your money in client account.
We will retain interest paid to us by the bank on the aggregate of all client money held in the general client account.
There are some specific circumstances where we will not pay interest on money held. These are:-
- If the money held is for the payment of a professional disbursement once counsel or other professional has requested a delay in settlement; and
- If the money is an advance from us into our general client account to fund a payment on your behalf in excess of funds already held for you in that account; and
- If there is a specific agreement with you to contract out of the terms of this policy.
We will regularly review this policy to ensure it remains fair and reasonable for clients.
Interest will be calculated and paid by reference to the applicable bank rates over the period for which we hold cleared funds. Unless otherwise agreed with us, balances on individual matters will not be aggregated for calculation purposes.
Before accepting instructions from you, it is incumbent on us to ensure that there is no conflict of interest between you and any other client of this practice. We cannot act for you in relation to a matter if our duty to act in your best interests conflicts or there is significant risk that it will conflict without obligations to act in the best interests of another client in respect of the same or a related matter.
If at any time you become aware of a conflict of interest which has arisen or may arise between yourself and any other client of the practice, you are asked to bring this to our attention as soon as possible.
Termination of Instructions
You are entitled to terminate your instructions at any time. We can, however, keep all your papers and documents while there is still money owed to us for fees, disbursements and expenses.
Where instructions are terminated we require you to pay our costs and expenses up to the date of termination. If there are Court proceedings, you must lodge immediately with the Court a Notice of Acting in Person. This must also be served on the other side. If this is not done in a timely manner than we will make application to come off the Court record and you will be responsible for any costs and charges incurred for that additional work.
We are entitled to terminate your instructions if we consider there is a breakdown in the solicitor-client relationship; for example, if you fail to provide adequate instructions to enable us to deal promptly with your matter or you are less than honest with us, or if our fees or requested costs on account are not paid. We will provide you with reasonable notice in writing should this occur.
We are committed to high quality legal advice and client care. If you are unhappy about any aspects of the service you have received or about any bill, please contact our complaints partner, Clayton Miller on firstname.lastname@example.org or 020 7436 6767 or by post to our office. We have a procedure in place which details how we handle complaints which is available on request. We have 8 weeks to consider your complaint. Any complaints should be raised with us as soon as possible. If you are not satisfied with our handling of your complaint, you can ask the Legal Ombudsman to consider the complaint. The Legal Ombudsman may be reached in the following ways:-
Address: PO Box 6806, Wolverhampton, WV1 9WJ
Telephone: 0300 555 0333
Normally you will need to bring a complaint with the Legal Ombudsman within 6 months on receiving a final written response from us about your complaint or within 6 years of the act or omission about which you are complaining occurring (or if outside of this period, within 3 years of when you should have reasonably have been aware of it).
If you are not satisfied with the amount of our fees, you have the right to complain about our account through the complaints procedure detailed above. If that does not resolve your issue, you may be able to make a complaint to the Legal Ombudsman (procedure detailed above) and/or by applying to the Court for an assessment under Part III of the Solicitors Act 1974. If you have applied for an assessment of our fees to the Court, the Legal Ombudsman may not deal with the complaint.
We are under a professional and legal obligation to maintain confidentiality for all our clients. We will ask you, at the first interview, for details of how you prefer us to contact you; for example, email, mobile telephone rather than land line and if you have a preferred correspondence address. No messages will be left with anybody else unless you inform us we may speak to or leave a message with them.
We may on rare occasions and due to unforeseen circumstances, outsource typing, photocopying or the like. We have a confidentiality agreement with such providers who will ensure confidentiality of your details at all times. If you do not want typing or copying on your matter to be outsourced, please tell us as soon as possible. We confirm that we will not outsource any reserved legal activities (section 12 of the Legal Services Act 2007) to any third party who is not authorised to conduct such activities.
In the event that your matter becomes of interest to the press, as does from time to time happen, we will maintain strict silence until we have discussed with you a strategy as to how to deal with any publicity.
The Solicitors Regulatory Authority and/or Lexcel make periodic audit and quality checks on the work of legal practices and we may be required to produce all or part of your file to them for that purpose. By signing these terms and conditions of business you are authorising us to make your file available to them for inspection. We make clear however that they are under a strict duty to keep your matter confidential.
Unless agreed otherwise, we may disclose to others that you are a client. We are always careful to ensure this would not be likely to prejudice your interests. You agree that you will let us know if you have any objections to this.
We use the information you provide primarily for the provision of legal services to you and for related purposes including:-
- Updating and enhancing client records
- Analysis to help us manage our practice.
- Statutory returns
- Legal and regulatory compliance.
Our use of that information is subject to your instructions, the Data Protection Act 1988 and our duty of confidentiality.
General Data Protection, the Regulation (‘GDPR’)
This policy informs you how Ketley Miller Joels Ltd uses personal information from client’s and other members of the public to ressure you we comply with the Data Protection Act 1988 and the European legislation regarding data protection on the General Data Protection Regulation (GDPR).
Information from client’s
When you contact us regarding the provision of legal services to you, we will collect personal information about you. This will include often your name, email address and telephone number. After your initial interview, if you decide to instruct us, then we require your anti-money laundering documents such a copy of photo identity (most often a passport) and a household utility bill dated within the last 3 months. Further in your case we may also need to obtain personal data about you from publically accessible websites such as Company House or HM Land Registry.
Throughout your matter, we may collect information about you and/or other individuals or organisations you tell us about.
We confirm at present Ketley Miller Joels does not presently operate a marketing database. However, in the future we may decide to operate such a database. When you approach us and become a client of Ketley Miller Joels Limited, you are agreeing that we may add your personal data to a marketing database should it become applicable in the future.
Information for marketing
As stated above we confirm we do not use your personal information for any marketing database.
As part of our commitment to GDPR, we are going to be using third party email encryption software Mimecast for ensuring that when we pass electronically your personal data, this is protected. This will include when we email documents such as bank statements or credit card statements, Land Registry documents belonging to either you or the other party, this will all be encrypted using the third party software.
Visitors to our Website
We will collect personal information that you voluntarily provide to us if you fill in a form on a website or fill in our web enquiry form. This form contains contact details. We may also collect information about how you use our website and our cookies policy has information about how cookies are used on our website. Our website is processed by a third party data processor, Sedcom, who will maintain its security and performance as well as dealing with all of our I.T. Our website is also accessed and monitored by Exposure Ninja Trading Limited which is a digital marketing company and to deliver their service they will process IP addresses of visitors to our website. We will not share your information with any other organisation without your prior consent.
Should you contact us directly through social media or through direct or private messaging, then we may also share this information with personnel of Ketley Miller Joels. This is to ensure your queries are dealt with by the appropriate person in our firm.
Provision of Your Personal Data to Third Parties (Article 3 & 14)
In acting on your behalf, we may from time to time need to provide your personal data to a third party in conducting your matter. For example, an Estate Agent may be jointly instructed in your matter to value the matrimonial home. In the process of instructing that person, we will need to provide your name, address, contact number, email address and the address of the property to be valued.
Another example is if you ask us to apply on your behalf for a Marriage Certificate. In these circumstances we obtain from you both the bride’s and the groom’s father’s full names, amongst other information. For this purpose, the Data Controller and Data Protection Officer is Clayton Miller.
We will also tell you the recipients or categories of recipients of the personal data. If it is to a third country or international organisation, we will tell you of the existence or absence of an adequacy decision by the Commission and any suitable or appropriate safeguards and the means by which to obtain a copy of them or where they have been available.
Queries and Complaints
Should you at any time send to us a query or compliant, we will use the personal information you provide to us in order to process and deal with your query or complaint. If deemed necessary by us, we will share this information with third parties such as the Solicitors Regulation Authority.
Your personal data will only be used by us if we determine that if it is lawful and fair to do so for the following reasons:
- You have provided your specific consent for us to use your information for the specific purposes described in this privacy notice.
- In order to perform our contract with you it is necessary.
- In order to comply with the legal obligations.
- For legitimate interests for either us or a third party provided your rights do not override those interests. This may include obligations we have for fraud and crime protection or any other purposes required by law or our regulatory authority.
We confirm that we will never sell your personal data or share it with third parties who might use it for their own personal use.
There will be occasions throughout your matter when we will be required to disclose your information to third parties in conducting your matter. This will include the following:
- Instructing professional advisors such as barristers, accountants or other experts or advisors in dealing with your matter.
- Other necessary third parties to conduct your matter such as searches with Companies House, HM Land Registry, banks and mortgage advisors.
- Where you have consented to us sharing information.
- To third party service providers who provide to the firm operational and technical support through information and technology systems such as account and case management systems, document management, email systems, the monitoring of our website and other technical systems.
- Any other legal or regulatory duty to disclose or share your personal information such as by court order, in relation to annual regulatory orders, Lexcel inspections of any other enquiries by regulatory bodies.
Appropriate measures have been put in place to protect your personal data. We hold data both electronically and in paper form in order to deal with the provision of legal services in the agreement between us. We have an onsite server which has been secured physically onsite. Our network is protected using firewalls and anti-malware software. Our onsite scanner has an encrypted hard drive. We have a backup which is secured in a fireproof location. We are introducing encryption of email using Mimecast that encrypts data in electronic transit to ensure this is secure.
When your file is closed, we have a secure offsite document storage facility provided by Iron Mountain for archiving papers until they are destroyed in accordance with our terms of business. Our offices are secure and only personnel can access areas where personal data is stored. We ensure that your data is deleted or disposed of securely. We ensure that any draft documents which are disposed of during the conduct of your matter are shredded and not placed in general waste disposal. The shredding is conducted by a third party company (Shred-it) who ensure confidentiality.
All of our employees, agents and contractors are aware of their obligations for privacy and data security. All reasonable steps are being taken to ensure employees of third parties working on our behalf are aware of their privacy and data security obligations. Any employees, agents, contractors and other third parties have limited access to client data as far as needed to conduct your matter.
The internet is never completely secure for the transmission of information and data. We do our best to protect your personal data but cannot guarantee this security of electronic information and documentation transmitted to us and any transmission is at your own risk. Should there be any suspected data security breach then we will notify you and any relevant regulator where we are legally required to do so and we have put in place procedures to deal with this.
Processing of Special Categories of Personal Data (Article 9)
The processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical benefits, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying an natural person, data concerning health or data concerning a natural person’s sex life of sexual orientation shall be prohibited.
This does not apply if:-
- You have given explicit consent to the processing of that personal data for one or more specified purposes;
- processing is necessary for the purpose of carrying out the obligations and exercising specific rights of you or us in the field of employment and social security and social protection law;
- processing is necessary to protect your vital interests where you are physically or legally incapable of giving consent;
- processing relates to personal data which are manifestly made public by you;
- processing is necessary for the establishment, exercise or defence of legal claims or whenever Courts are acting in their judicial capacity;
- processing is necessary for reasons of substantial public interest;
- processing is necessary for the purpose of preventive or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis or the provision of health or social care or treatment;
- processing is necessary for reasons of public interest in the area of public health;
- processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.
Transmission outside of the European Economic Area (EEA) of your information
We do not transfer your personal data and information to countries outside of the EEA, except where this transfer is necessary in connection with the legal services we are providing to you. If this is necessary then we will first check if the country in question has been deemed by the EU Commission to have adequate data protection laws and we will provide safeguards as far as possible to ensure your privacy rights remain protected as set out in this notice. If you are outside the EEA, your information may be transferred outside the EEA in order to provide you with our legal services. By providing your personal information to us in this way, you are agreeing to the transferring processing of your information outside the EEA.
We will hold your personal data and information for so long as required by law and our regulatory obligations. As set out in our terms of business, our default retention period for personal data is 6 years from the conclusion of your instructions to us. In the event that your matter is reopened, this period will then run from the date of which the
reopened matter came to an end, unless otherwise specified by law.
There may be occasions on which client files are retained for longer periods if necessary to protect our client or third parties legal rights and claims. When your matter concludes it is archived with Iron Mountain and securely stored until such time as it is to be destroyed as set out above. This will also apply to electronically stored information.
Retention periods may be extended or reduced in certain circumstances such as defending legal proceedings or if there is an ongoing investigation.
We will annually review personal data we are holding to ensure it is still relevant to the work we are undertaking and our business. If any information or data is no longer deemed necessary or accurate, we will take reasonable steps to delete or correct this data as required.
By law you have the following rights in relation to your personal data:
- Access – you have the right to request access to your personal information and data. At our discretion, we may require you to provide your identity before providing the requested information for your own privacy and security.
- Rectification – you have the right to have incomplete or inaccurate personal data about you rectified.
- Deletion – you have the right to request that we delete personal data and information that we process about you, accept where we are obliged to retain this information in order to comply with any legal obligations or regulatory bodies and where there is no good reason for us to continuing to hold it.
- Restriction – you have asked us to restrict or suspend the use of your personal information or data where you believe such data to be inaccurate, our processing is unlawful or that we no longer need to process such data for a particular purpose but where we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete.
- Portability – you have the right to ask us to transfer your personal information to another person or organisation.
- Objection – where the legal justification of our processing of your personal data and information is our legitimate interest, you have the right to objection to such processing on grounds relating to your particular situation. We will abide by your particular request unless there are compelling legitimate grounds which override your interest and rights, or if we need to continue to process the data in the defence, establishment or exercise of a legal claim.
- Withdrawing consent – if you have given your consent for our processing of your personal data, you have the right to withdraw your consent at any time. To withdraw your consent, please contact email@example.com. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information and, subject to our retention policy will dispose of your data securely.
- You also have the right to lodge a complaint at any time to the Information Commissioner’s Office (ICO) who can be contacted as follows:
Telephone +44 303 123 1113
Address: Water Lane, Wyclffe House, Wilmslow, Cheshire, SK9 5AF
Our head of compliance is Clayton Miller who can be contacted at firstname.lastname@example.org. If you are based in or the issue where the complaint takes place is outside of the EEA, you can contact the data protection policy in your place of residence or your country.
Procedure for Data Access Requests
The procedure for data subject access requests are as follows:-
- In writing or by email (email@example.com), you should set out details of your data access request.
- That request will be given to Clayton Miller (or in his absence Philip Cooper) to consider.
- Within 10 days of receipt of your request you will be sent an acknowledgement. We will advise you at that time if we require any identity documents from you before we can process your request.
- No later than 28 days from the date of the initial request (if no identity documentation is required) or within 28 days from the date of receipt of any required identity documents, your client will be dealt with.
- You will need to then sign a document receipt acknowledging receipt of your documentation and/or information.
- The documentation/correspondence relating to this request will then be retained for a period of 12 months before it is destroyed.
- Should your request be to have your information permanently deleted, then no records will be retained other than a spreadsheet containing your name and the first three characters of your postcode only showing your request.
Procedure for Managing & Reporting Data Breaches
What is defined as a breach? A breach is provision of a client’s personal data to an unauthorised third party which is likely to result in a risk to the rights and freedoms of individuals.
The procedure for managing and reporting data breaches is as follows:-
- As soon as practicably possible from the time of identification of the data breach this breach must be reported to Clayton Miller (or in his absence Philip Cooper). The breach report must contain the following:-
- Date of Report and full name of personnel making the report;
- Full details of the breach
- Name/s of client’s or third parties affected by the breach.
The breach must be reported within 24 hours of identification by the personnel to the Reporting Officer. The Reporting Officer is Clayton Miller (or in his absence Philip Cooper). Within 24 hours thereafter the Reporting Officer will consider the potential breach and decide whether this must be reported to the ICO, client or any other relevant body. Such Report must be made within 72 hours of the breach. The Reporting Officer must fully document the process.
All KMJ personnel have been provided with data protection training and this is renewed annually.
Responsibility for Advice, Professional Indemnity Cover and Limitation of Liability
The work which we do for you on your matter is for your use only and in connection with the instructions you have provide to us on the particular matter. You may not pass this on to any other person without our express written consent.
Our liability to you is limited to the proportion of the loss or damage (including interest and costs) suffered by you, which is just and equitable having regard to the extent of your own responsibility and the contribution of any other person to the loss or damage regardless of any contractual or other limitation of their liability and/or their ability to pay and/or any limitation defences available to them.
Ketley Miller Joels Ltd maintains professional indemnity insurance in accordance with the rules of the SRA. The level of cover carried by the practice is £3m per claim. This is to cover the potential loss on any claim made, and does not reflect the value of your matter itself. Where appropriate we can extend this cover although you will be responsible for the costs of this extension.
In accepting our terms of business (or continuing to instruct us if we are already acting) you are accepting that any claim that may be arising from the work we do for you is limited to that amount.
We shall have no liability for any consequential, special, indirect or exemplary damages, costs or losses, or any damages costs or losses attributable to lost profits, income, anticipated savings or opportunities. No responsibility is accepted for aspects of matters upon which other professional advisers are advising or upon which they might ordinarily be expected to advise. No liability is accepted for any errors in any formulae or calculations upon which we rely provided by you or any other professional advisers.
If there are any matters outside of our reasonable control and for which we have taken all reasonable care to avoid then we shall have no liability.
We shall have no liability for any loss or damage suffered by you as a result of our inability to comply with your instruction to transfer monies because of bank failure or insolvency, force majeure or other failure of a bank to pay.
You agree that you will not bring any claim of any nature against any member, consultant, or agent, or employee of Ketley Miller Joels Ltd. You agreement is solely with Ketley Miller Joels Ltd. The directors, consultants, employees and agents assume no personal liability for the provision of services and shall be entitled to rely on these terms insofar as they limit or exclude their liability.
This firm is regulated in all services by the Solicitors Regulation Authority (SRA).
We are not authorised under the Financial Services and Markets Act 2000 and are not able to offer any financial services or investment advice.
There may be times in your matter where we are required to make “unsolicited real time financial promotions”. An example would be us recommending that you obtain investment advice from someone authorised by the FCA. By signing the engagement letter you are accepting that we make these recommendations to you, known as “promotions”. There is no financial gain to this practice of any referral or recommendation we make. For example, for investment advice, litigation loan or to another solicitor for example, for the purpose of making a Will or taking trust advice.
We are required by law to satisfy ourselves as to your identity before we can accept instructions. You will have been asked to produce a copy of your passport, or other acceptable means of identification such as a driving license, and a utility bill (telephone, gas, electricity or council tax) with your address on it and which needs to be less than 3 months old. We cannot start acting for you without sight of these documents. A copy will be taken and retained on your file. You are required to tell us of any change of address during the course of your matter. We may also need to obtain identity information about people related to you for example beneficial owners, where relevant, and at times verify this information. If your fees are paid by a third party individual we will require proof of their identity as well.
If you fail to provide us with the information that we request, we may be unable to continue acting on your behalf.
If we suspect, in any matter in which you are involved, that any person is making use of “criminal property” we are required by law to make a report to the National Crime Agency and to seek its consent to continue acting.
We reserve the right to take any steps we consider necessary to take in order to comply with Money Laundering Legislation. We accept no liability to you or any other person for any loss however arising by our doing so. By signing the engagement letter you consent to us making any disclosure to the authorities that we consider necessary for these purposes.
Any work done by us towards compliance with the Money Laundering Legislation will be charged to you.
Consumer Contracts Regulations
If we accept instructions “off-premises” or by distance means (e.g. by email, telephone, fax or post) from someone we are not already acting for in the normal course of business the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may apply. If they do, and you request us to provide legal services within 14 days of the date of contract with us and you want the services to be provided within that period, then you will not have the right under the Contracts Regulations to cancel the contract.
At the End of your Matter
At the end of your matter we will return all original documents to you, and you will have been provided with copies of all Court Orders.
We then store files for a period of six years. For this we use a commercial storage facility who are under a duty to store securely and maintain confidentiality. At the end of that period of time we have the right to destroy your file. By signing these terms and conditions you are agreeing to such storage and eventual destruction of your papers.
If you prefer you may collect your papers or make arrangements for them to be delivered to you. You will be asked to sign a receipt for the files, which will then become your responsibility.
If you ask us to retrieve documents from storage for either new or continuing instructions, we will not normally charge for such retrieval. However, if you ask us to retrieve documents so they may be transferred to you or to a third party, we will charge £30 plus VAT. We will review the documents to ascertain which documents belong to us (including any financial and administrative papers, internal communications, draft documents, legal know-how and research notes) and which ones belong to you, and we may charge you for the cost of doing so.
We will require you to provide us with a signed written authority which authorises us to release documents to you and/or a third party.
Please notify us of any changes to your address for correspondence or billing address, your phone, fax or mobile numbers and your email address so that we can communicate effectively with you. These details should be sent to:-
Ketley Miller Joels Limited
73-75 Mortimer Street