At Parnalls Solicitors Limited we value our reputation for high professional standards. We are committed to providing you with the highest quality of service and handling your instructions with professional skill, care and attention.
We believe it is important to establish a clear understanding of the basis upon which we provide our services. These Terms of Business and any accompanying Letter of Engagement aim to do that and form the basis of the contract between you and us. There may be parts of these Terms of Business which are not immediately relevant to the work we are doing for you but, as our objective is to build a lasting relationship with our clients, we believe it is appropriate to provide you at the outset with a comprehensive description of the terms upon which we do business.
We believe it is essential that you are kept fully informed of progress in carrying out your instructions. In addition to any specific methods of communication and reporting agreed with you, we operate a “Relationship Director” system. If you have any questions and/or queries concerning our service then please raise them with your Relationship Director. The Relationship Director will not necessarily undertake all or even the majority of your work. Our policy is to use the most appropriate specialists to deal with each instruction. This avoids time and money being wasted by a lawyer researching aspects of law outside his/ her core area of experience.
However, the Relationship Director will maintain an overview of your affairs and will also have ultimate responsibility for ensuring that Parnalls Solicitors Limited satisfies your requirements. We are happy to establish a method of reporting suited to your needs (for example monthly or quarterly report, or face to face reviews).
In appointing Parnalls Solicitors Limited to act on your behalf you are also authorising us to take any necessary steps to protect your interests in that matter, unless you instruct us to the contrary, and to incur reasonable expenses on your behalf. We shall not be responsible for any failure to advise or comment on any matter which falls outside the scope of your instructions or the services we have agreed to provide. Where we receive or could be given instructions in relation to the same matter from more than one client, those clients will be jointly and individually responsible for our fees unless we agree differently. Where we receive instructions from an agent, the agent and principal will be jointly and individually responsible for our fees unless we agree differently. A client can be an individual, firm, company and/or any other entity.
Cost is a central consideration in any business decision. Our charging practices therefore focus on providing a professional service, charging our clients a rate for the services which is demonstrably fair and reasonable. We attempt to be flexible in our charging approach and are happy to consider with you a variety of alternatives including for example fixed fees, estimated fees, percentage fees based on specific criteria, success fees and hourly rates.
Which of these is appropriate will depend on the type of work and/or your preference.
In determining our approach to fees we take into account the following:
• The complexity of the matter or the difficulty or novelty of the questions raised;
• The skill, labour, specialised knowledge and responsibility involved in the work;
• The level of lawyer and expertise appropriate to the work;
• The number and importance of documents considered and prepared;
• The place where, and the circumstances in which, the work is carried out;
• The amount or value of any money or property involved;
• Whether any land involved is registered within the meaning of the Land Registration Act 1925;
• The importance of the matter to you; and
• The length of time the matter will take.
As our time and expertise is the core element of our service, time spent is the predominant factor in determining our charges. Our aim always is to carry out your instructions at the level of seniority appropriate for the provision of an efficient and economic service. We try to ensure that you are kept fully up to date with fees as they are incurred and we advise of any change in circumstances that has a bearing upon previous information given to you about fees. Any estimate of our fees is given only as a guide on the basis of the information known to us at that time and may not be regarded as fixed and binding and therefore subject to periodic review, unless otherwise agreed.
As time devoted to your instructions and work cannot be reallocated elsewhere, unless specifically agreed with a Relationship Director, we will generally charge for work even where the work you have instructed us on does not proceed to completion. There are a number of different bases upon which we may charge for our services. Our Letter of Engagement will normally specify which basis is to apply to a particular matter, but if no specific basis of charging is expressly agreed with you then you will be charged based on our hourly rates.
Where our charges are on a time basis they will be based on an hourly rate. We will also charge you for expenses and any relevant taxes. Our time is calculated in units of six minutes. Time spent on your affairs will include meeting with you and perhaps third parties, time spent travelling, considering, discussing the position with colleagues, preparing, working on papers, attendance notes, correspondence, making and receiving telephone calls, preparing for and attending court or tribunal. All fees and expenses are quoted exclusive of value added sales or other tax from time to time applying.
The charge out rates for fee earners at Parnalls Solicitors Limited will be detailed in the Letter of Engagement. The charge out rates are viewed with effect from 1 May each year and any new rates will take effect from that date.
It is often inevitable that we have to pay expenses (sometimes called “disbursements”) on your behalf. Examples include court fees, counsel’s fees, search fees, registration fees, stamp duty and special bank transaction costs. Unless you instruct us to the contrary we will take it that we have your authority to pay such expenses as we consider necessary in respect of any particular matter. We also charge photocopying, document production and printing, faxes and travelling expenses as separate expenses.
Some expenses may be substantial and in these cases we may require money to be paid to us on account before we incur any liability. Our charges for certain expenses include an element of profit costs. These will be billed as such. A list of these expenses is available on request. We may also charge you for postal and telephone costs incurred on your behalf in appropriate cases. This will usually be where they are international rather than domestic or where we arrange a telephone conference to accommodate two callers or more.
Value Added Tax
Any amounts are net of Value Added Tax. Value Added Tax will be charged at the appropriate rate on our fees and on those expenses that are subject to Value Added Tax. Value Added Tax may not be payable if you are based outside the European Union. Our VAT registration number is: 143 575 366.
Every business appreciates the importance of regular cash flow. We are no different and our cash flow is important to enable us to provide a professional service and to invest for the future. It is equally important for you to be aware on a regular basis of the fees and expenses which you have incurred. That being so, it is our general policy to render regular monthly interim invoices, or sooner if completion takes place within a month, or at a natural break in the course of the relevant matter, unless a separate agreement is reached with you in writing.
This may not be appropriate for some types of work. Unless agreed otherwise our invoice will be sent on a monthly basis. Any interim invoices we issue will be final accounts for our charges for the work undertaken during the periods to which they relate (known as “interim statute final bills”). This means that we will be able to enforce and sue on these invoices if they are not paid. Your Relationship Director is always willing to discuss with you the most appropriate invoicing procedures for any particular matter.
Our Terms of Business require payment to be made immediately upon completion of transactions (such as corporate and conveyancing matters) unless a different arrangement is made. Otherwise, payment is required no later than 30 days from the date of invoice.
If any invoice is overdue for payment, we shall be entitled to refrain from continuing to do work for you. This applies to the matter to which the invoice relates and any other matter for which we may be working for you. We shall also be entitled to retain any money we are holding for you in our client account, documents and papers belonging to you, together with our papers, until all sums outstanding to us for any work are paid. We may charge interest on unpaid bills and will do so at the rate prescribed in the Late Payment of Commercial Debts (Interest) Act 1998 or if this Act does not apply, at 4% above the Barclays Bank Plc base rate from time to time, for bills up to 90 days overdue are 2% per month for excess 90 days overdue.
In certain circumstances we may require you to make payment(s) on account of charges and expenses to be incurred prior to any work being carried out or continued. If these circumstances arise we will contact you to discuss this and let you know the amount required by us.
Money held by us for you, whether on account or otherwise, will be placed in our Client Account and you will be entitled to the interest which would have been earned, had it been held in a separate designated deposit account at Barclays Bank Plc, unless the amount of interest is less than £20.00. Money held by us (and accrued interest) may be taken by us in payment or part-payment of any of our invoices.
In the course of carrying out your instructions, we may hold or receive money on your behalf. In accordance with professional regulations, money held or received for your benefit will be deposited in one or more of our client accounts. All deposits in our client accounts continue to be your money at your risk. Pursuant to the relevant Solicitors Regulation Authority regulations, our client accounts must be held with banks or building societies. We amalgamate deposits from across our client base in one or more client accounts (unless we have specifically been instructed to open a designated client account for you). We do not accept any liability whatsoever for loss of moneys properly deposited into our client accounts. If you wish to instruct us how to apply your money we will require a reasonable time to comply with your instructions. We may not be able to withdraw monies from deposit outside of normal banking hours.
Rate and calculation of interest paid
The rate of interest the firm pays on such funds fluctuates depending upon the rate of interest that the Firm can secure from its principal bankers from time to time.
The Firm does not pay the full rate of interest which it earns on general client funds to clients because this is an enhanced rate that the firm can secure from holding large levels of client funds in the aggregate. The Firm does, however, endeavour to pay a rate of interest to clients which exceeds that available to clients in the open market through a Business Instant Access Account or a Client Deposit Account.
The Firm believes this is an equitable approach; it enables clients to earn a higher rate of return than would generally be available to them on the open market and at the same time provides the Firm with a return for administering and managing client funds.The calculation of interest due to a client on a matter accrues three working days after client funds have been received into the general client bank account of the firm and is calculated on a daily compounded basis. This is subject to the funds remaining in the Firm’s account for a minimum period of 7 days. If funds are held by the Firm for less than 7 days, no interest will be credited to the client.
Interest will be paid gross, on completion of the matter, without any deduction of tax and clients are responsible for notifying the tax authorities of any interest received. In the event that the calculated total interest accruing to a client for the duration of a matter is less than £50.00 then no interest will be paid to the client on the basis that it is a de-minimis amount. The Firm takes the view that any amount below £50.00 is reasonably retained by the Firm to cover the administrative costs of dealing with client funds.
Protection of client money
The Firm has an active policy of considering the potential exposure of client funds to commercial risks and regularly reviews the choice of banking institutions where the Firm holds client funds. The Firm is not, in this capacity, acting as financial advisers and whilst the Firm will take reasonable steps to protect client funds such actions will only ever be based on information available in the public domain.
Clients should note that the protections from the Financial Services Compensation Scheme do not provide individual clients with any significant degree of protection for sums held in a solicitors client account in the same way that might exist if the client held the funds personally.
Should you receive any correspondence from us regarding transfer of funds during your matter, then you must check that the account details are the same as contained in the Letter of Engagement and if not, you must call us on the number set out in that Letter and/or on our website to verify that the account details are correct. This action is necessary due to the risk of communication being hacked and monies being requested by another party pretending to be ourselves, thus directing the monies elsewhere. We will not change our account details during the course of this transaction. Please also note that, except in respect of mortgage advances, we do not normally accept funds from third parties.
There are a number of specific points that you should be aware of when involved in litigation, arbitration or alternative dispute resolution procedures. You are responsible for paying our fees and expenses even if the Court, arbitrator or other official eventually orders another party to pay or contribute towards your legal costs. You should be aware that sometimes there are difficulties or delays in accessing and recovering these costs.
A court or arbitrator has wide-ranging discretion to determine which party(ies) should bear the costs of the proceedings and in which proportions. This is usually exercised to order an unsuccessful litigant to pay a proportion of the successful litigant’s costs. The proportion can depend on several factors. Only in exceptional cases will the Court or arbitrator make an award which gives the successful litigant a full indemnity for the costs of the proceedings. You should therefore assume that, even if your action is successful, there will be additional costs payable to us over and above anything recovered from the opponent. In cases where another party is legally aided it is highly unlikely that you will be able to recover any costs.
You should be aware that certain expenses, for example, photocopying, document production, printing and faxes, cannot be recovered from the other side, even if you win. If you lose an action, you will be liable to pay not only our fees and disbursements but the Court or arbitrator is also likely to exercise its discretion to order you to pay a proportion of your opponent’s costs.
If you withdraw an action the other party is entitled to have an order made by the Court or arbitrator for you to pay the costs. We may discuss with you, in appropriate cases, alternative methods of resolving particular issues, such as mediation, conciliation, adjudication or expert determination. We will discuss this in more detail with you where appropriate. These alternative dispute resolution procedures may have different cost implications.
Disclosure in Disputes
In any action you will be required by the Court or arbitrator to disclose to the other parties all documents, correspondence, notes, memoranda or other items which are or have been in your possession, custody or power and which relate in any way to the issue in the dispute. This duty to disclose includes information which is stored electronically, for example, emails, text messages, voicemail, word processed documents, databases and documents stored on portable devices such as memory sticks and mobile phones. This duty covers documentation which may be prejudicial to your case but which you are nevertheless obliged to reveal.
All relevant documents should be passed to us from the outset. You should not destroy or tamper with such documents. You must ensure that steps are put in place to preserve all documents including electronic documents which may otherwise be deleted in the ordinary course of business or in accordance with your document retention policy. The obligation of disclosure is ongoing until the action is concluded and all relevant documents must be handed to us. This obligation is onerous and you may be liable to severe penalties including fines and/or imprisonment in cases of deliberate non-disclosure. If you are in any doubt as to whether to preserve and disclose documents, you should always err on the side of preservation and seek our advice on disclosure.
Disputes, Our Client and Legal Privilege
It is necessary that communications between clients and lawyers, where clients are seeking the benefit of a lawyer’s skill, are not open to scrutiny by others. For this reason, the principle of legal professional privilege protects certain communications from being disclosed to other parties. Losing legal professional privilege could weaken your position in relation to a subsequent dispute or hearing. Legal professional privilege is divided into two categories – “litigation privilege” and “legal advice privilege”.
Litigation privilege protects all documentary communications between a client and a lawyer (or between one of them and a third party), if they were created for the dominant purpose of getting/ giving legal advice in relation to pending or contemplated litigation or the collecting of evidence for such litigation. Legal advice privilege protects all documentary communications between a client and his lawyer, if they were created for the purpose of getting/ giving legal advice.
For documents to attract legal advice privilege there has to be legal skill being applied in a relevant legal context. If a lawyer is asked to advise on general matters of business, that advice may lack the relevant legal context. You may therefore not be able to stop documents containing that advice/ information from being disclosed to another party in litigation. This could weaken your case. Only documents between solicitors and certain individual representatives of the client will attract legal advice privilege. Documents between solicitors and other individual representatives of the client would not attract legal advice privilege.
It is important that documents are protected by legal advice privilege. Only documents that are sent to or from individuals who a court will construe as being “the client” will attract legal advice privilege. If you prepare internal documents recording our legal advice and/or circulate internally any legal advice we may give, it may no longer attract legal advice privilege. If you are unsure whether any material will attract legal advice privilege, please seek our advice before it is prepared or circulated.
Practically speaking it is important that you:
1. Remember that only communications in relation to which we are wearing our
“lawyer’s hat” will attract legal advice privilege;
2. Nominate a sub-group of employees who will be “the client”; and
3. Delegate preparation of all sensitive internal documentation to the nominated “client”.
Solely for the purposes of legal advice privilege we regard our “client” as being the individuals you nominate to be able to give us instructions and any other representative to whom you delegate providing us with information and/or instructions or with whom you ask us to correspond. However, this may not bind a court or other equivalent body who may regard our client as being a smaller group of individuals.
Advice on the tax implications of the matter we are dealing with on your behalf is not included in your instructions. Subject to specific instructions and a separately agreed Letter of Engagement identifying the nature and the extent of the tax advice required, our tax unit is happy to provide advice on the tax implications of any matter you may have instructed us on.
Where we carry out services with an international element it may be necessary or advisable to seek advice from lawyers in other relevant jurisdictions. Where contracts, claims or other matters are covered by foreign laws we are not able to advise on the effect that the contract, claim or other matter may have under foreign laws. However, we can provide general advice, aid in the interpretation of contracts and/or liaise with foreign lawyers as appropriate.
Where foreign lawyers or other foreign professionals are instructed, they are instructed directly by you. Any involvement we may have with them is wholly as your agent. Accordingly, we are not liable to pay their charges and you should make arrangements to pay them direct.
Complaints and Termination of Relationship
Our aim is to provide an excellent quality of service which matches your expectations and instructions. If you are dissatisfied with any aspect of our service, please let us know as soon as possible. To resolve swiftly any client dissatisfaction, we operate complaints handling procedures. If you want to discuss any aspect of the way in which your instructions are being undertaken and you do not wish to do so with the individual lawyer involved, please speak to your Relationship Director, their details can be found in the Letter of Engagement accompanying this document.
If you remain dissatisfied or your complaint relates to your Relationship Director then please speak directly with the Senior Director, Mark Parnall, who can be contacted at 15-19 Westgate Street, Launceston, Cornwall, PL15 7AB or firstname.lastname@example.org. Any complaint will be investigated promptly and thoroughly and an explanation of the investigation will be given to you. This will be in writing if required. If you are not satisfied with this internal procedure, you may seek further help from the Legal Ombudsman by telephone on 0300 555 0333; email at email@example.com or by post at PO Box 6806 Wolverhampton WV1 9WJ. Further information can be found at www.legalombusdman.org.uk. You should contact the Legal Ombudsman as soon as you can and within six months of your last contact with us.
Complaints can include a complaint about a bill. There may also be a right to object to the bill by applying to the Court for an assessment of the bill under Part III of the Solicitors Act 1974. The Legal Ombudsman may not consider a complaint about a bill if you have applied to the Court for an assessment of that bill. We may be entitled to charge interest if all or part of a bill remains unpaid. Our relationship is based on mutual trust and confidence. In the event of that coming to an end, it would be undesirable for us to continue to act. Accordingly, we believe it is right that you should be entitled at any time to cease instructing us and similarly we should be entitled at any time to cease to act for you (subject in our case to any overriding professional requirement on us to continue acting).
We may decide to stop acting for you only with good reason. For example, this may be if you do not pay an interim bill, if you do not make any payment on account when requested, if you do not pay any invoice of ours or we are subject to a conflict of interest. We will, where possible, give you advance notice of our ceasing to act for you. You will be liable to pay us for all expenses and work carried out up to the time when we cease to continue acting for you. We reserve the right to keep all papers, documents and funds, irrespective of the matter to which they relate, until all fees and expenses owed by you to us in relation to any matter are paid in full.
In the event that it becomes necessary for us to commence proceedings against you for non-payment of fees, expenses or other sums, you will be liable to pay our costs of doing so on a full indemnity basis. Such costs will be based on our hourly rates at that time and the time spent.
Statutory Cancellation Rights for Individuals
If you are a private individual and you have instructed us in relation to a non-business related matter then you may have a statutory right of cancellation if the contract between us was formed by any means of distance communication. This right arises under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Your statutory right of cancellation without liability for our fees in these circumstances under regulation 29 of these Regulations will, to the extent permitted by law, cease as soon as we commence work for you. This cancellation right therefore may not apply once we start work.
Where your statutory right of cancellation under these Regulations does apply, then you may exercise your statutory right of cancellation within the shorter of: fourteen days from the date of receipt of these Terms of Business; or fourteen days from the date of our contract with you for our services. Please note that you always have the right to cease instructing us in relation to any work whether or not these Regulations apply.
Insurance, Liability and Third Parties
We carry professional indemnity insurance for the services we provide. Currently, insurance is in place which covers up to £3 million per claim.
We exclude any and all liability for damages, claims, actions, proceedings, demands, awards, compensation, costs, expenses and all other losses and/or liabilities which exceed the amount covered by our professional indemnity insurance from time to time. This limit applies to the level of claim and not the value of the transaction or work to which a claim may relate. This limit and level of insurance is reviewed annually. We exclude, to the extent permitted by law, any and all liability for any damages, claims, actions, proceedings, awards, compensation, costs, expenses and all other losses and/or liabilities to third parties who are not a client of ours in relation to the relevant matter.
You agree not to bring any claim in respect of loss and/or damage suffered by you arising out of and/or in connection with the services provided by us (including but not limited to negligence or non-performance of the services by us) against any individual member, director, employee and/or consultant of Parnalls Solicitors Limited. This restriction will not operate to limit or exclude the liability of Parnalls Solicitors Limited for the acts and/or omissions of any individual member, director, employee and/or consultant of Parnalls Solicitors Limited. It is agreed that any individual member, employee and/or consultant of Parnalls Solicitors Limited will have the right to enforce this clause under the Contracts (Rights of Third Parties) Act 1999.
You agree to indemnify us and keep us indemnified against any damages, claims, actions, proceedings, awards, compensation, costs and expenses and other losses and/or liabilities which arises from a third party obtaining from you any aspect of the advice provided by us, unless we have agreed in writing to accept liability to such third party or the third party was a client of ours in relation that advice. All third party rights are excluded and no third party may enforce the contract between yourself and us unless we expressly agree in writing to the contrary or is stated in these Terms of Business.
We may accept liability to third parties in appropriate cases. We do this only where we expressly agree to do so in writing and in any event it is subject to these terms to the extent that they refer to our liability. Our fees may be adjusted to reflect this additional risk. If you wish to extend the limit of our liability for any particular matter then we may agree a revised limit with you. Our fees may be adjusted to reflect this additional risk.
In acting for a company we do not assume a separate legal responsibility for advising shareholders and/or directors and/or employees of the company unless specifically requested by such individuals to do so and the giving of such advice is the subject of a separate letter of engagement.
Each of the limitations and/or exclusions contained in these Terms of Business is deemed to be repeated and apply as a separate provision for each of liability in contract (including material/ fundamental breach), liability in tort (including negligence), liability for breach of statutory duty and liability for breach of common law except our cap on liability which applies once to cover all of these bases of liability. The above limitations do not limit and/or exclude our liability for death or personal injury due to our negligence, liability for our fraud and/or any other liability of ours which it is not permitted to limit and/or exclude as a matter of applicable law. Contact details of our insurers are available on request.
Confidentiality and Conflicts of Interest
All information regarding your business and affairs will be regarded as and kept confidential at all times unless you instruct us to disclose information or we are compelled by law to disclose it (in certain criminal proceedings or money laundering cases, for example).
In order to protect your interests, we cannot act or continue to act in circumstances where there is a conflict of interest, except in limited circumstances. The rules regarding conflicts of interest are complex. In simple terms, a conflict of interest occurs in two situations; firstly, where we owe separate and/or distinct duties to two clients and these duties conflict or there is a significant risk that they will conflict; secondly, where your interests conflict, or there is a risk that they will conflict, with our interests. There are limited exceptions which may allow us to act. If a conflict of interest arises during our dealings with you, we will discuss the position with you and determine the appropriate course of action.
Unless we have agreed with you otherwise, we are not responsible to log, diarise and remind you of key and/or important dates which may require action by you. These are your own responsibility and you should ensure you have adequate systems to ensure they are not missed and/or overlooked. This also applies to key dates which are dependent upon external factors and/or events of which we may not be aware. However, this does not apply to any key dates which are directly covered by your instructions to us and which fall within the scope of our work for you.
We will store details and other papers relating to your matters for such time as we judge reasonable or for such time as we are required by law to do so. This is usually at least six years. Files or papers may be preserved by means of image processing or digital means. We shall dispose of files or papers at the expiry of the relevant storage period in accordance with our office procedures. This does not apply to the storage of documents such as title deeds and similar items which we agree to retain in safe custody until we notify you otherwise.
We do not normally make a charge for retrieving stored papers or deeds in response to new or continuing instructions to act for you. However, we reserve the right to make a charge based on our then current hourly rates for the time we spend reading papers, writing correspondence and/or carrying out other work necessary to comply with your instructions.
Disclosure and Sharing of Commissions
We will disclose to you any commission which we are entitled to receive on share transactions, investments and insurance effected by us on your behalf. By agreement with you we will normally either:
• Pay the commission to you and charge a full fee for our services;
• Take the commission into consideration when rendering our bill; or
• Retain or share the commission in lieu of fees.
In the unlikely event that we do not reach agreement with you, we will apply the first option above.
Fax Transmissions and Post
Communication by fax and post is a part of business. Whilst all communications between a solicitor and client are confidential, you must accept that transmission via fax and/or post is not an entirely confidential method of communication. You are responsible for ensuring that, when fax and/or post are used as a method of communication, the necessary safeguards are in place at the receiving point to maintain the confidentiality of the items sent to you.
E-mail and Internet
We may communicate with you in relation to the work being carried out by us by e-mail unless you specifically request that we must not do so. Please note that the e-mails and any attachments sent to you will not have been encrypted. They may therefore be liable to be compromised. Please also note that it is your responsibility to scan an e-mail and attachments for viruses. Viruses and compromises of security are inherent risks in relation to e-mail.
We do not, to the extent permitted by law, accept any liability (whether in contract, negligence or otherwise) for any virus infection and/or external compromise of security and/or confidentiality in relation to transmissions sent by e-mail. If you use any online internet service provided by us you agree and accept that it will be provided, in addition to the terms of these Terms of Business, subject to the conditions of business relevant to that service which will be available to be accessed at the relevant website.
The storage and use of personal details that we hold about you and any members of your business (if any) is governed by the Data Protection Act 2018. You have a right of access under data protection legislation to the personal data that we hold about you.
The information which you have and/or will provide to us will be used by us in fulfilling our obligations to you in relation to any matter on which we are instructed by you. We will not pass your information to any third party other than for this purpose. We may therefore pass this information to third parties for us by them to perform services and/or supply products which are reasonably necessary for us to perform our services for you. You give your consent to such information being passed to such third parties. We would also like to use your information to let you know about services offered by us which we think will be of interest to you, to inform you of new legal developments and to conduct satisfaction surveys. You will only receive this type of information by e-mail if you have either confirmed to us that you are happy to receive this type of information in this way and/or you have not informed us that you do not wish to receive it.
If at any time in the future you wish to stop receiving any marketing information from us then please contact a member of our Marketing Department at 01566 772375, by email at firstname.lastname@example.org or by post to Parnalls Solicitors Limited, 15-19 Westgate Street, Launceston, Cornwall, PL15 7AB or by informing your normal Parnalls contact. If you have registered your details on a system in order not to receive telephone calls for marketing purposes but you still wish to be contacted by telephone to receive this type of information from us, then please contact a member of our Marketing Department.
We are required by United Kingdom legislation and the law of the European Union to report to the relevant government agencies and authorities any evidence or suspicion of money laundering, the use of the proceeds of crime or terrorist financing. We are prohibited from notifying you of the fact that a report has been made. This legislation also requires us to carry out customer due diligence by obtaining certain information which verifies your identity and any beneficial owners. Our Letter of Engagement contains details of the customer due diligence information that we may require but additional information may be required from time to time to comply with the relevant legislation and approved guidelines. The firm may employ the services of electronic verification providers for these purposes. If we cannot carry out the customer due diligence verification measures required of us by law we are required to terminate our contract and relationship with you. If we have to terminate the contract with you for these reasons, you will be liable to pay us for all expenses and work carried out up to the time we terminate the contract.
We are regulated by the Solicitors Regulation Authority, as our designated professional body, to conduct non-mainstream investment business. Where we provide services to you which are subject to such regulation, additional terms governing the provision of those services will be supplied to you separately if necessary. Details about the Solicitors Regulation Authority can be found on their website www.sra.org.uk. The Solicitors Regulation Authority is the regulatory body of the Law Society of England and Wales
We are governed by the Solicitors’ Code of Conduct and the Solicitors’ Accounts Rules, both of which can be accessed at www.sra.org.uk. We are not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct 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 the 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 Conduct Authority website at www.fca.org.uk/register.
Parnalls Solicitors Limited is constituted as a private limited company, registered in England and Wales with company registration number 04112863.
All contracts entered into and/or advice provided in relation to our business by individuals who are members, directors, employees or consultants of Parnalls Solicitors Limited are entered into and/or provided on behalf of Parnalls Solicitors Limited and not such individuals personally. We reserve the right to assign our rights and/or obligations under our agreement with you to any business which is a successor to our current business.
Unless otherwise agreed, these Terms of Business apply to any future instructions you give to us. Your continuing instructions in this matter will amount to your acceptance of these Terms of Business and any accompanying letter of engagement. Even so, we ask you to sign, date and return to us the letter of engagement which accompanies these Terms of Business.
The arrangements between us are governed by English Law. We both agree to submit to the non-exclusive jurisdiction of the English courts in the event of any claim or dispute. These Terms of Business are important. Please keep these in a safe place for future reference.
Version 9 – 13 June 2018