Terms of Business

 

 

 

1.                   Harrington Sinclair Law

 

1.1          Harrington Sinclair Law is constituted as a Limited Company, registered in England and Wales with Company Number 15390426 (“the Business”).

 

Address: Morland House, 18 The Parks, Newton-le-Willows, WA12 0JQ

Telephone Number: 0151 452 6017

Web Site: www.harrington-sinclair.co.uk

 

Authorised and Regulated by the Solicitors Regulation Authority (SRA) under Identity Number: 8007453

 

1.2          In these Terms of Business all first person terms such as ‘we’, ‘us’ and ‘our’ refer to the Business and not to any Member, Partner, Consultant or Employee personally or to any combination of Members, Partners, Consultants or Employees collectively. By entering into this Agreement, you are entering into a contract with the Business and not with any Member, Partner, Consultant or Employee personally or with any combination of Members, Partners, Consultants or Employees collectively.

 

1.3          We are bound by various professional rules of conduct which can be viewed at www.sra.org.uk or by writing to ‘Solicitors Regulation Authority, The Cube, 199 Wharfside Street, Birmingham, B1 1RN’ or calling the Solicitors Regulation Authority’s contact centre on 0870 606 2555 (inside the UK), 09.00 to 17.00, Monday to Friday.

 

1.4          A list of Members is available for inspection at our registered office, together with a list of those non-Members. We may from time-to-time use the word ‘Partner’ to refer to a member of the firm or an Employee or Consultant of with equivalent standing.

 

1.5          The SRA Indemnity Insurance Rules, in force from time to time, require us to take out and maintain Professional Indemnity Insurance with Qualifying Insurers. Information about the compulsory layer of Professional Indemnity Insurance we carry, including the contact details of our insurers and the territorial coverage of our insurance, are available in hard copy at our registered office

2.             Terms of Business

 

2.1          These Terms of Business may not be varied unless agreed in writing and signed by a Partner. They should be read in conjunction with our Client Care Letter which sets out the basis on which we act for you and any documents referred to in that letter. Together these form the ‘Agreement’ between us relating to each matter on which we advise you.

 

2.2          These terms, including the limits on our liability in clause 10, shall apply to all work done by us for you (and any work to be done in the future) unless we otherwise notify you in writing.

 

3.                   Excluded Advice

 

3.1               We do not advise on the laws and regulations of jurisdictions other than England & Wales (which for these purposes includes the law of the European Union as applied in England & Wales).

 

3.2               Whilst we have a degree of understanding of taxation relevant to an individual or corporate entity or value added tax or other taxation, we are not qualified to give any taxation advice in any form and you should take the professional advice of a taxation accountant or your own accountant. If you authorise us to proceed with

 

the transaction, we will proceed on the basis you have sought appropriate professional advice. If you wish us to help you appoint an appropriate accountant please ask.

 

4.                   Your Duty to Retain and Preserve Documents

 

4.1               If now, or at any time in the future, any matter on which we act for you is the subject of formally contested proceedings, whether in the courts or other tribunals, you will almost certainly have to disclose documents, including electronic documents, relevant to the matter. You should ensure that you do not destroy or allow to be destroyed any documents that relate to such matter in any way (however slight you believe the connection may be), as your position in such proceedings could be seriously compromised if you do so.

 

5.                   Copyright

 

5.1               Unless we agree otherwise, all copyright which exists in the documents and other materials that we create whilst carrying out work for you will remain our property. You have the right to use such documents and materials for the purposes for which they are created, but not otherwise.

 

5.2               If you use such documents for any purpose other than that for which they were created we are not responsible to you for any losses that you may suffer as a result.

 

5.3               Unless otherwise required by law or court order, you agree not to make our work, documents or materials available to third parties without our prior written permission. Our work is undertaken for your benefit alone and we are not responsible to third parties for any aspect of our professional services or work that you make available to them.

 

6.                   Client Satisfaction

 

6.1               We operate strict client care and quality policies and always aim to provide you with the highest level of legal expertise and to be available, approachable, understandable, prompt and courteous.

 

6.2               We will keep you informed about all important developments in your case and we will respond to your letters, emails and telephone calls promptly and efficiently.

 

6.3               The majority of our clients are very happy with the service we provide them, but in the event that you have any cause for concern, including about a bill, then please be aware that you are entitled to make a complaint, and that you can do so by contacting our designated complaints handler, Peter Dodd (telephone: 0151 452 6017). We take all feedback from clients seriously and operate a Complaints Handling Procedure, a copy of which is available upon request.

 

6.4               We are usually able to deal with any concerns you have promptly and to your satisfaction, but if this is not the case, you will be able to make a complaint to the Legal Ombudsman provided you do so within six months of the end of our internal complaints procedure if you are still not satisfied with the outcome.

 

6.5               In addition, there are times limits relating to the date you first became aware or should have become aware of the problem. The relevant time limits are set out in the version of the Legal Ombudsman’s Scheme Rules in force from time to time (which can be accessed at: http://www.legalombudsman.org.uk/aboutus/scheme_rules.html) and may only be extended by the Legal Ombudsman in exceptional circumstances.

 

6.6               Legal Ombudsman Contact Details:

 

Address: PO Box 6806, Wolverhampton, WV1 9WJ

Telephone: 0300 555 0333

Email: enquiries@legalombudsman.org.uk

Website: www.legalombudsman.org.uk

 

6.7               Harrington Sinclair Law is committed to ensuring that all Partners, Members, Consultants and Employees give their full co-operation to the Legal Ombudsman in the event of any dispute or complaint against the firm.

 

7.                   Storage of Documents

 

7.1               We retain all documents relating to your matter (other than any documents which are in your possession or returned to you) for at least six years from the conclusion of our involvement in the matter. You agree that we may destroy them after that time.

 

7.2               If you ask us to retrieve documents from storage there is a charge, which is normally £25 plus VAT for each matter, although we will not normally charge that fee if we retrieve documents to enable us to carry our further work for you. We will charge, however, for any work necessary to comply with instructions given by you in connection with retrieved documents. Unless otherwise agreed with you in writing, those charges will be at our hourly rates applicable at the relevant time and those charges will be applied on the same basis as set out in this agreement.

 

8.                   Termination

 

8.1               You may end this agreement (and therefore, your instructions to us) at any time by writing to us but we may be entitled to keep all of your documents while there is money owing to us (including fees and expenses which have not yet been billed).

 

8.2               We may end this agreement (and, therefore, cease acting for you) in relation to any matter or all matters of yours but only on reasonable written notice and for good reason. Examples of a good reason include where you have not given us sufficient instructions, where you have not provided appropriate evidence of identification or we reasonably believe that the relationship between you and us has broken down.

 

8.3               If your matter does not conclude, or we are prevented from continuing to act because of our legal obligations or our professional rules and we are acting for you on a private client basis, we will charge you for any work we have actually done. Our charges will be based on our hourly rates set out in this agreement.

 

8.4               If we cease acting for you, we shall (where relevant) inform the court or tribunal that we no longer act for you and shall apply to be removed from their records. We may charge you for doing so at our hourly rates applicable at the relevant time.

 

8.5               If we have not met with you, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will apply to our agreement. Similarly, if this agreement was entered into with you in a location other than at our offices, the Regulation may apply. These regulations mean that you may terminate this agreement within fourteen days without any obligation. Further information regarding your right to cancel this agreement is contained with our client care letter and Conditional Fee Agreement (CFA) and/or Damages-Based Agreement (DBA).

 

8.6               Cessation of business

 

If we stop carrying on business then you must pay us or any successor to our business, or to that part of our business which takes over the conduct of your claim, basic charges and our expenses and disbursements including barristers’ fees and success fees if you go on to win your claim

 

9.                   Financial Services

 

9.1               The Law Society of England and Wales is a designated professional body under Part XX of the Financial Services and Markets Act 2000 which means that we may carry on certain regulated activities without being regulated by the Financial Conduct Authority. This means that we may be able to provide limited financial services to you where such services arise out of, or are complementary to, the provision of legal services.

 

9.2               The Law Society is the designated professional body for the purposes of the Financial Services and Markets Act 2000, but responsibility for regulation has been delegated to the Solicitors Regulation Authority (the independent regulatory body of the Law Society), and responsibility for handling complaints has been delegated to the Legal Ombudsman. The contact details for the Solicitors Regulation Authority can be found at clause 1.3 and the contact details for the Legal Ombudsman can be found at clause 6.6.

 

9.3               The limited regulated activities that we carry out are issuing certain insurance policies, such as after the event legal expenses insurance, defective title insurance and other property indemnity insurance (such as breach of covenant, absence of easement, lack of planning permission, unknown rights and covenants policies).

 

9.4               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 our business, including arrangements for complaints or redress if something goes wrong, is regulated by Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.org.uk/register.

 

9.5               Any insurance policy arranged by us on your behalf, shall, in our opinion, be adequate to meet your needs, but you are hereby informed that we do not recommend any policy over and above any other and that it is your responsibility to check that you are satisfied with the excess levels, exclusions, limitations and other policy terms. We do not conduct a fair analysis of the insurance market prior to arranging insurance policies. You can request details of the insurance undertakings with which we conduct business at any time.

 

9.6               You hereby agree to provide us with details of any relevant existing insurance policies you may have and you agree that we shall not be liable to you for any losses you sustain as a result of your failure to provide us with such details.

 

10.                Limitation of Liability

 

10.1            You agree that the limitations on our liability as set out in this agreement are reasonable having regard to the nature of your instructions and the work involved and the availability and cost of professional indemnity insurance. We are, however, happy to consider options to increase these limitations, should you so require (which may result in an increase to our fees).

 

10.2            We will undertake the work relating to your matter with reasonable skill and care.

 

10.3            We accept liability without limit for the consequences of fraud by us or any of our Partners, Members, Consultants or Employees which is affected in their capacity as Partners, Members, Consultants or Employees and for any other liability which we are not permitted by law or rules of professional conduct to limit or exclude. If any part of this agreement which seeks to exclude, limit or restrict liability (including provisions limiting the amount we will be required to pay or limiting the time you have to bring a claim) is found by a court to be void or ineffective for any reason, the remaining provisions shall continue to be effective.

 

10.4            We will not be liable under this agreement or laws of negligence for any deficiencies in the work we have undertaken if and to the extent that deficiencies are due to any false, misleading or incomplete information or documentation which has been provided to us (whether by you or any third party) or due to the acts or omissions of you or any third party. However, where any failure by us to identify any such false, misleading or incomplete information (or any failure by us to inform you that we have identified such information or any failure to act on your resulting instructions) constitutes negligence then we shall, subject to the other provisions of this agreement, remain liable for such failure.

 

10.5            Despite anything else contained in this agreement, we are not under any obligation to act for you (or to continue to act for you) if to do so would breach any laws or professional rules. Therefore, we will not be responsible or liable to you for any loss which you or any other party may suffer as a result of our refusal to proceed with your matter where we would be in breach (or we reasonably believe that we would breach) of our legal obligations or our professional rules.

 

10.6            Except as stated in 10.3 and 10.9, the total aggregate liability of the Business to you under or in connection with this agreement (including any addition or variation to it), whether for breach of contract, negligence, breach of statutory duty, or otherwise, shall not exceed £3,000,000.00 (three million pounds).

 

10.7            Where we are instructed jointly by more than one party, the limit on our liability applies, in total, to all of you collectively (including anyone claiming through you or on your behalf).

 

10.8            You agree that you will not bring any claims or proceedings in connection with this agreement against our members, Partners, Consultants or Employees personally, unless (and to the extent that) you are otherwise permitted to do so by law or our professional rules. Our Employees may enforce this clause even though they are not parties to this agreement (but despite having such rights, this agreement may be varied or ended without their consent).

 

10.9            Proceedings in respect of any claim against us must be commenced within six years after you first had (or ought reasonably to have had) both the knowledge for bringing an action for damages and the knowledge that you had the right to bring such an action and in any event no later than six years after any alleged breach of contract, negligence or other cause of action. This provision expressly overrides any statutory provision which would otherwise apply; it will not increase the time within which proceedings may be commenced and may reduce it.

 

10.10         If we and any other party or parties are liable to you together in respect of the same claim, then we shall only be liable to pay you the portion which is found to be fair and reasonable having regard to the level of our default. Therefore, we shall not be liable to pay you the portion which is due to the fault of such party, even if you do not recover all or any money from such other party for any reason.

 

10.11         If we are liable to you and any other party or parties would have been found liable to you together with us in respect of the same claim if either:−

 

–          You had also brought proceedings or made a claim against them; or

–          We had brought proceedings or made a claim against them for a contribution towards our liability, then any sum due from us to you shall be reduced by the proportion for which such other party or parties would have been found liable had those proceedings been brought or those claims been made.

 

10.12         Nothing in this agreement excludes or limits the liability of for:

 

–             Death or personal injury caused by negligence;

–             Fraud or fraudulent misrepresentation; or

–             Any liability if and to the extent that it is not permissible in law for such liability to be limited or excluded

 

11.                Client Money

 

11.1            Subject to certain conditions set out in Rule 22 to 25 of the SRA Accounts Rules a sum in lieu of interest must be accounted to clients when it is fair and reasonable to do so in all the circumstances.

 

11.2            Our policy seeks to provide for a fair and reasonable outcome for both our clients and this practice.

 

11.3            Our policy on interest shall be kept under review. The policy may change if the Bank of England base rate increases or decreases. The policy is available on request.

 

11.4            The rate of interest available on client accounts is significantly lower than the rate of interest which can be obtained on other bank or building society accounts. This reflects the fact that immediate access is required to client accounts in order to comply with the accounts rules and to facilitate the smooth completion of transactions. It is therefore unlikely that the funds will attract as much interest as if you had invested those funds yourself.

 

11.5            All interest arising from cleared funds held on behalf of a trust will be credited to the trust whether those funds are held in a general client account or a separate designated client account (formerly known as a Designated Deposit Account).

 

11.6            For cleared funds paid into general client accounts, the Business shall account for interest unless one of the following circumstances applies:

 

–          The amount of interest calculated on the balance held is £25.00 or less; or

–          The client money was held in cleared funds in client account for a period of five working days or less.

 

11.7            All other clients shall be paid interest at the rate payable upon the practice’s client account from time to time, unless there are specific circumstances which lead the client to contract out of the right to receive interest payments (for example where the client agrees the practice may keep interest payments to remunerate the practice for acting as stakeholder in the transaction or where the client’s religious beliefs prohibit the receipt of interest).

 

11.8            In certain circumstances a separate designated client account will be opened on behalf of clients. All interest arising from funds held in separate designated client accounts will be credited to the client.

 

11.9            Where sums of money are held in relation to separate matters for the same client, the money relating to the different matters shall be treated separately unless it is fair and reasonable in the circumstances to consider the sums together.

 

11.10         Interest will not accrue on any advances from the practice under rule 14(2)(b) of the accounts rules to fund a payment on behalf of a client or trust in excess of funds held for that client or trust.

 

11.11         Where a client fails to present a cheque to his or her bank for payment we will not recalculate any amount due to the client unless it is fair and reasonable to do so, for example if the cheque has been sent to an incorrect address.

 

11.12         We will usually account to you for interest arising under our policy at the conclusion of your matter, but might, in some cases, consider it appropriate to account to you at intervals throughout.

 

11.13         Unless otherwise agreed by us in writing, if we receive any sums to hold on your behalf (whether received directly from you or from a third party) then we may deposit such money into an account or accounts with any bank or financial institution (a “deposit provider” which expression shall include bank, financial institution or clearing house through which transfers are made) of our choosing. We confirm that we comply with any applicable laws and any applicable rules of a regulatory authority in respect of the making of any such deposits. You are therefore explicitly providing consent for us to bank cheques on your behalf in relation to damages and costs.

 

11.14         We shall not be liable for any loss which you or any third party may suffer in connection with an Insolvency Event occurring in relation to any deposit provider with whom we have deposited funds or through whom transfers are made, save if and to the extent that any such loss was caused by or contributed to by any breach by us of clause 11.13.

 

11.15         In clause 11.16 an “Insolvency Event” means:

 

(i) Any deposit provider that is unable or admits inability to pay its debts as they fall due (or is deemed to be or declared to be unable to pay its debts under applicable law), suspends or threatens to suspend making payments on any of its debts or, by reason of actual or anticipated financial difficulties or commences negotiations with one or more of its creditors with a view to rescheduling any of its indebtedness;

 

(ii) The value of the assets of any deposit provider is less than its liabilities (taking into account contingent or prospective liabilities);

 

(iii) A moratorium is declared in respect of any indebtedness of any deposit provider;

 

(iv) Any corporate or government action, legal proceedings or other procedure or steps taken in relation to:

 

–          The suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any deposit provider;

–          A composition, compromise, assignment or arrangement with any creditor of any deposit provider;

–          The appointment of a liquidator, receiver, administrator, administrative receiver, compulsory manager or other similar officer in respect of any deposit provider or any of its assets;

–          Enforcement of any security interest (however so described) over any assets of any deposit provider; or

–          The prevention or restriction (whether by way of freezing order or otherwise) of a deposit provider’s ability to dispose of, deal with or diminish the value of its assets or any of them;

–          Any event analogous to those set out in clause 11.15(iv)occurs in any jurisdiction in respect of any deposit provider.

 

11.16         If an Insolvency Event occurs in relation to any deposit provider which holds money that we have deposited on your behalf, you agree that we may, where applicable, disclose to the Financial Services Compensation Scheme (“FSCS”) all relevant details in our possession about you and the money that we hold on your behalf with such a deposit provider. However, if you do not wish us to make any such disclosure, please notify us by writing to our Data Protection Compliance Officer, Peter Dodd at our registered office. Please note that by withholding consent to our disclosure of your details to the FSCS in such circumstances, you may forfeit any right you may have to receive compensation from the FSCS where an Insolvency Event occurs in relation to a deposit provider holding money which we have deposited on your behalf. Compensation for deposits is limited to £85,000 for any individual’s total deposit with that service provider, including any personal finances. Further information regarding the FSCS can be found at www.fscs.org.uk, telephone number 020 7892 7300.

 

12.                Confidentiality, Privacy & Data Protection

 

12.1            We keep information passed to us confidential and will not disclose it to third parties except as authorised by you or required by law. In certain circumstances the law requires us to disclose information relating to you (for example, payments of interest earned on a clients’ account may have to be disclosed under the EU Savings Directive). If on your authority we are working with other professional advisers or lawyers, we will assume that we may disclose any relevant aspect of your affairs to them.

 

12.2            We may in some cases consult credit reference agencies in order to assess your creditworthiness. If you are an individual, we require your consent before we do this. Your continuing instructions to us will constitute your consent to us carrying out such a search. Details of the credit agency we use are available on request. We have procedures designed to ensure that personal data is used only by appropriately authorised and trained personnel and to safeguard such information against accidental loss or unauthorised disclosure. We will keep that information strictly confidential unless otherwise required by law or court order.

 

12.3            During the course of the firm’s work it may be necessary to discuss your case with cost specialists, experts or counsel. Your acceptance of these Terms of Business amounts to your consent to us to disclose information which we consider necessary to progress your case.

 

12.4            Where you provide us with fax or computer network addresses for sending material to, we will assume, unless you tell us otherwise, that your arrangements are sufficiently secure and confidential to protect your interests.

 

12.5            The Internet is not secure and there are risks if you send sensitive information in this manner or you ask us to do so. Data we send by email is not routinely encrypted, so please tell us if you do not want us to use email as a form of communication with you or if you require data to be encrypted.

 

12.6            We will take reasonable steps to protect the integrity of our computer systems by screening for viruses on email sent or received. We expect you to do the same for your computer systems.

 

12.7            We promise to respect the data we hold on you. Your acceptance of these terms authorises us to keep your details on our database so that we can provide you with legal services and for administration and accounting purposes, so that we can make credit searches and send you relevant information on our services and on events that may interest you. All information that we hold concerning you as an individual will be held and processed by us strictly in accordance with the provisions of the Data Protection Act 1998.

 

12.8            We will not, without your consent, supply your name and address to any third party except where:

 

–          It is necessary as part of the legal services that we undertake; or

–          We are required to do so by law or our professional rules.

 

12.9            The firm may become subject to periodic checks by Law Society approved Consultants and/or Assessors. This could mean that your file is selected for checking, in which case we would need your consent for the checking to occur. All such checks are conducted by individuals who have provided the firm with a Confidentiality Agreement. Your acceptance of these Terms of Business amounts to your consent to make your file available for checking. If you do not want us to make your file available for checking you must notify us immediately and we will mark your file accordingly. If you refuse to give us consent to checks, your refusal will not affect the way your case is handled in any way.

 

12.10         If you are an individual, you have a right under the Data Protection Act 1998 to obtain information from us, including a description of the data that we hold on you. Should you have any queries concerning this right, please contact our Data Protection Compliance Officer, Peter Dodd at our registered office. We may charge you £10.00 for providing you with any such information. VAT will not be added to the charge.

 

12.11         We may correspond with you by email unless you advise us in writing that you do not wish us to do so. You acknowledge that email may not be secure. Email will be treated as written correspondence and we are entitled to assume that the purported sender of an email is the actual sender and that any express or implied approval or authority referred to in an email has been validly given. You consent to us monitoring and reading any email correspondence travelling between you and any mail recipient at.

 

12.12         We will aim to communicate with you by such method as you request. More often than not this will be in writing, but may be by telephone if it is appropriate. We may need to virus check disks or e-mails, but unless you withdraw consent we may communicate with others when appropriate by e-mail or fax but we cannot be responsible for the security of correspondence and documents sent by e-mail or fax.

 

12.13         Harrington Sinclair Law is the data controller (ICO registration number ZA560320) We will respect your privacy and confidentiality at all times and will always act in accordance with this privacy notice when handling all personal data. In accordance with General Data protection Regulation (EU) 2016/679 of the European Parliament and of the Council, we will use your personal date as necessary for the provision of legal services to you (from time to time we may share data with third parties to assist in the progression of your claim, for example medical experts, barristers and other providers of professional and non-professional services). We also use your personal data when it is in our legitimate interests for internal purposes associated with maintaining our business. We use your personal data as required by law, such as processing statutory accounts.

 

12.14         We will retain information about you for the duration of our relationship with you, then seven years thereafter. We will retain financial records for 6 years, following the end of the current financial year, after which we will take steps to delete or anonymise the information.

 

12.15         We store information in our practice management system and our accounting system on our secure servers based in the UK.

 

12.16         What personal data or information do we collect?

 

We may collect personal data about clients, prospective clients, job applicants, our current and former employees, suppliers, and external experts. The personal information we collect may include your name, address, email address, IP address, and information regarding what pages you can access on this website and when.

 

12.17         How do we collect data or information from you?

 

We collect personal information about you when you:

• Instruct us to act on your behalf

• Make an enquiry via the forms on our website or via the telephone

• Use our website

 

12.18         How is your information used?

 

We collect your personal data and information to operate the firm effectively and provide you with a high-quality service. We may use your information:

• To deliver legal services to you on your instruction.

• To answer enquiries that you make prior to any formal instruction.

• To avoid any conflict of interests as we represent you

• To keep you informed about our services, or insight into industry trends and best practice, if you have opted- in to receive these communications

• To invite you to our networking events with expert speakers on topics which we believe will be of interest to you.

• To process a job application

• To fulfil our obligations as an employer

• To provide benefits to you as an employee

• To adhere to regulations set out by the Solicitors Regulatory Authority

• To maintain security of our office and IT infrastructure

• To invoice you, and to track payments you make or payments made to you

• To send you information which we believe may be of interest

 

12.19         We believe that all these purposes are justified on the basis of our legitimate interests in running and promoting the firm, our contractual requirements to deliver the agreed legal services to you, and our legal obligations, both as a Limited Company and responsible employer. The exception is for sending email marketing about our services, which we carry out on the basis of consent.

 

12.20         We will process special categories of personal data (for example your health information/ medical records) when processing is necessary for the establishment, exercise or defence of legal claims (e.g. road traffic accident claims).

 

If you would like to know more, please read below:

 

• Clients

• Prospective Clients

 

12.21         Clients

 

As a client, we will hold the following information about you:

• Name, date of birth, and contact information.

• National insurance number

• Information relating to your legal matter, for clinical negligence and personal injury matters this will include your medical records.

• Financial details

• Demographic information such as a postcode

• Information and documents relating to the service we are providing, including communications with you.

• Billing and payment information.

 

12.22         We will process special categories of personal data (for example your health information/ medical records) only when processing is necessary for the establishment, exercise or defence legal claims (e.g. road traffic accident claims or holiday sickness).

 

12.23         We store your information in our practice management system and our accounting system on our secure servers based in the UK. We also hold paper copies of your information in the client matter files, stored in our offices and in a secure, offsite storage archive, managed by Restore.

 

12.24         We will retain your client matter file for the duration of our relationship with you, then for 7 years if you are an adult, or 7 years from you 18th birthday if you are a child.

 

12.25         Where there are specific retention periods relating to your matter file, we will make you aware of these at the time we open and close the file. We will retain financial records for 6 years, following the end of the current financial year.

 

12.26         Prospective Clients

 

As a prospective client, we may hold the following information about you:

• Name, date of birth, and contact information.

• National insurance number

• Brief information relating to your legal matter

• Demographic information such as postcode

• Signposting information we may have provided to you if we are unable to provide you with a service

 

We store your information in our practice management system on our secure servers based in the UK. Communications with you relating to your initial enquiry may also be stored in our email system for a period of 6 years. We will retain minimal personal information about you to enable us to conduct conflict of interest checks as required by the Solicitors Regulatory Authority.

 

12.27         Who has access to your information?

 

12.28         We do not sell or rent your personal data or information to any third party or share your information with third parties for their marketing purposes.

 

12.29         We will disclose your data or information if required by law, for example by a court order or for the prevention of fraud or other crime.

 

12.30         We may pass information about your matter to the prosecution and to other parties within the justice system (e.g. Counsel, Barristers) as required to provide legal services to you.

 

12.31         We may pass your information on to third party service providers, agents or subcontractors for the purpose of completing a task or providing services to you on our behalf (e.g. to provide external expertise in your matter). However, we disclose only the personal information necessary to deliver that service and have a contract in place that requires them to keep your information secure and not to use it for other purposes.

 

12.32         Third party service providers types who act as data processors on our behalf:

 

Third Party Service Provider Type	Service Provided
Agent Law Firm	Sometimes we may not be able to continue with your claim and may have to appoint another firm to act as our agent. In such circumstances they are required to access the data on our case management system.
After The Event Insurance Provider	Providers of an alternative insurance cover should you not have any legal expense Insurance. In such circumstances they will be provided with your information.
Chartered Accountants	Provide us with payroll and company accounts services. They do not routinely access the data on our case management system.
Sign up Agency	Agents instructed to assist clients with the legal paperwork related to their claims.
Disbursement Funders & External Compliance Auditors	Provide funding for clients claims.
ID verification/ fraud prevention software provider	An online fraud prevention provider.
Introducer of claims	An insurer/ Claims Management Company who with client’s consent have introduced the client to Harrington Sinclair Law to assist in their claim.
IT Services Provider	Technical support to Harrington Sinclair Law and at times are required to access our systems to provide maintenance, upgrade and support services.
Legal Costs Firm	Legal Costs Experts maybe instructed to recover the client’s entitled costs from the defendants. Meaning the client’s file of papers with be provided by Harrington Sinclair Law.
Medical Agencies	If the Client is pursuing a personal injury/ Clinical Negligence claim and their consent is given, the medical agency will be instructed to arrange a medical examination for the client.
Provider of Case Management System	Technical support to Harrington Sinclair Law and at times are required to access our systems to provide maintenance, upgrade and support services.
Rehabilitation Agencies	Should an instructed medical experts advise that a Client undergo a course of rehabilitation, the agency will be instructed to arrange an appointment for the client.
Sales and marketing agency providing consented claim leads	Advertising agents are instructed to promote Harrington Sinclair Law and through these adverts Clients make contact and provide consent for contact to be made to discuss the pursuing of a claim.

 

12.33         Transfers outside of European Economic Area

 

Your personal information In the European Economic Area (EEA) is protected by data protection laws, but other countries do not necessarily protect your personal information in the same way. The EEA covers all countries in the EU plus Norway, Liechtenstein and Iceland. Harrington Sinclair Law Solicitors do not store personal data on any services outside of the EEA.

 

 

12.34         Your rights

 

You have certain rights over the processing of your personal information by Harrington Sinclair Law. These are:

• The right to be informed, which is what this privacy policy is for

• The right to access the data we hold about you

• The right to object to direct marketing

• The right to object to processing carried out on the basis of legitimate interests

• The right to erasure (in some circumstance)

• The right to data portability

• The right to have your data rectified if it is inaccurate

• The right to have your data restricted or blocked from processing

 

We do not undertake direct marketing activities, so you will not receive such information from us.

 

12.35         How you can update your information

 

The accuracy of your information is important to us. If you change your contact details or discuss any of the above and/or if you want to update any of the information we hold on you, please email us at: info@hs-law.co.uk    

 

12.36         How you can access your personal information

 

You have the right to ask for a copy of the personal information Harrington Sinclair Law hold relating to you. To do this please contact info@hs-law.co.uk

 

You also have the right to lodge a complaint about our processing of your personal data with the UK’s Information Commissioner’s Office.

 

13.                Referrals to Third Parties

 

13.1            If we recommend that you use a particular firm, agency or business, we shall do so in good faith and because we believe it to be in your best interests. If we recommend that you use a particular firm, agency or business that can only offer products from one source, we shall notify you in writing of this limitation. We may pay to you any commission that we receive from any particular firm, agency or business that we recommend you use.

 

13.2            If we recommend that you use a particular firm, agency or business, we shall not be liable to you for any advice you may be given by that firm, agency or business and you are advised that if that firm, agency or business is not another firm of solicitors you will not be afforded the regulatory protection of the Solicitors Regulation Authority (SRA) or of the SRA Code of Conduct and SRA Indemnity Insurance Rules, nor shall you be entitled to the benefit of the SRA Compensation Fund.

 

14.                Hours of Business

 

14.1            Our offices are open between 9.00am and 5.00pm, Monday to Friday, except bank holidays. We do not provide an out of office or emergency service to clients. The person responsible for your matter may, at his or her absolute discretion, provide you with a mobile telephone number, and may endeavour to take your telephone calls outside of office hours, but nothing he or she says should be interpreted as an agreement to routinely deal with your matter or to take your telephone calls outside of office hours.

 

15.                Equality & Diversity

 

15.1            We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us if you would like a copy of our Equality and Diversity Policy.

 

15.2            If you have any special requirements in relation to the way in which you would like us to handle your work, (for example, if you consider yourself to have a disability) please let us know.

 

16.                Rights of Third Parties

 

16.1            Except as stated otherwise in clause 10.8, a person who is not a party to this agreement shall not be entitled to enforce any of its terms.

 

17.                Applicable Law, etc.

 

17.1            These terms and our Client Care Letter shall be governed by, and interpreted in accordance with English law. Any disputes or claims concerning this agreement and any matters arising from it shall be dealt with only by the courts of England and Wales.

 

17.2            If we or you do not enforce our respective rights under this agreement at any time it will not prevent either us or you from doing so later.

 

17.3            If any provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.

 

18.                Setting Standards

 

18.1            We operate systems throughout our Office, insisting that all our staff meet certain standards with regard to Client care. These standards include:

 

–          Sending you copies of all important correspondence;

–          Returning your telephone calls during the course of the same day, if at all possible;

–          Dealing with correspondence of any sort promptly;

–          Writing letters to you and others in plain and concise language;

–          Giving appointments to you without any undue delay;

–          Dealing with you and all persons with the same attention, courtesy and consideration regardless of race, colour, ethnic or national origins, sex, creed, disability or sexual orientation.

 

18.2            To assist us in providing an efficient and effective service we ask that you:

 

–          In all communications quote the file reference number of your matter (which is set out at the top of each of our letters) and clearly address all written communications to your Legal Representative;

–          Leave clear telephone messages with your Legal Representative’s secretary, or reception;

–          Notify us immediately of any change of your address, telephone number or other material information;

–          Notify us immediately if you are delayed or cannot attend an appointment;

–          Respond to our requests promptly;

–          Pay our bills and disbursements without delay;

–          Contact your Legal Representative immediately if you receive any communication from your opponent or solicitors on that person’s behalf. Do not reply without speaking to your Legal Representative.

 

19.                    Money Laundering

 

19.1            Under the Money Laundering Regulations, we must obtain evidence of the identity of all clients both individuals and companies.  In some lengthy matters we need to update this evidence as the case goes along.

19.2            Under the Proceeds of Crime Act 2002 we must report any suspicions that we have regarding money laundering to the authorities.  These regulations used to be restricted to the proceeds of drug trafficking and terrorist activity, but now relate to the proceeds of any crime whatsoever.  There are severe penalties if we do not comply and it is highly unlikely that the need to make a report would ever apply to you, but you should be aware of our obligations.

 

19.3            If we make a report the Act stops us from carrying out any further work for you unless we obtain authority to do so.  The Act also stops us from telling you that a report has been made or explaining to you why we have stopped work for you.  These duties override our duty to you and as such you accept that we will not be liable for any loss you may suffer because of our actions in complying with these duties

 

20.                In the event you become liable to pay our bill of costs

 

20.1            Where you have opted to enter into a ‘no win no fee’ agreement with us and you personally become liable for our costs and you fail to settle one of our invoices on time, we may exercise a lien over any papers of yours that we hold at that time.  This means that we may keep papers and other materials belonging to you until you settle our invoice. We will only do this if it is reasonable in all the circumstances and with due consideration to ensuring your position is not prejudiced and your rights under the relevant data protection legislation are not infringed.

 

20.2            Should the case arise where we issue you personally with an invoice then payment is due within 28 days. If you fail to pay our bill we may charge you interest (on a daily basis) on the unpaid element of the bill (at a rate no higher than the rate payable on judgment debts at the date of this agreement). Unless otherwise agreed, the interest period will begin 28 days following the delivery of the bill until payment.

 

20.3            You are entitled to object to the bill by making a complaint to the Legal Ombudsman and/or by applying to the court for an assessment of the bill under Part III of the Solicitors Act 1974.

 

21.                Compensation

 

21.1            If you are receiving means-tested state benefits/support, the amount of capital (i.e. savings) that you have may not exceed the ‘Capital Threshold’.  Therefore, if you are awarded damages as compensation your entitlement to such benefits/support may be reduced or stopped completely. In addition, the Capital Threshold is calculated per household, meaning any benefits/support claimed by your partner may also be affected.

 

21.2            It may be possible to safeguard your compensation from being included as part of your capital by setting up a trust.

 

21.3            As well as, or as an alternative to setting up a Settlement Trust, if you are awarded compensation you may wish to seek financial advice generally. You are hereby advised that we are not authorised nor qualified to give financial advice, nor do we have the expertise to advise on the creation of Settlement Trusts. However, if you would like us to direct you to an independent financial adviser, please let us know.

 

By entering this Agreement, you are confirming that you have been advised of the above risks and of the possibility of creating a Settlement Trust to protect any benefits/support that you receive now or in the future. Accordingly, we shall not be held liable for any loss that you suffer as a result of the reduction or suspension of any benefits/support that you may receive now or in the future.