Terms of Business

Service Levels

We are committed to providing all of our clients with a high quality of legal advice and client care and to enable us to achieve those standards for your benefit we commit to the following:

  • We will update you regularly by telephone or writing as to the progress of your matter.
  • We will communicate with you in plain English.
  • We will update you on the costs of your matter at least six monthly and in any event at any point where we see that we are likely to exceed our initial costs estimate.
  • We will update you on whether the likely outcome of your matter still justifies the likely costs and risk associated in particular where there is a material change in circumstances.
  • We will update you on the likely timescale for each stage of your matter and any important changes in that timescale.
  • We will continue to review your matter and advise you whether there are alternative methods by which your matter can be funded.
  • We are committed to avoiding any unfair discrimination in the way that we deliver our services. If we can help you by providing information in alternative formats, please let us know.

Our Responsibilities

  • We will review your matter regularly.
  • We will advise you on any relevant changes in the law.
  • We will advise you if any circumstances and risks of which we are aware or consider to be reasonably foreseeable, could affect the outcome of your matter.

Client’s Responsibilities

  • You will provide us with clear timely and accurate instructions.
  • You will provide all documentation required to complete the transaction in a timely manner.
  • You will safeguard any documents that are likely to be required by way of discovery.

Process for terminating the Retainer

You may end your instructions to us in writing at any time, but we can keep all of your papers and documents while there is still money owed to us for fees and expenses. We may also decide to stop acting for you with good reason. We must give you reasonable notice that we will stop acting for you. If you or we decide that we should stop acting for you, you will need to pay our charges up until that point.

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

If we have not met with you or we have met with you but at your home or business premises then you have the right to cancel your instructions without giving any reason. This right to cancel applies for 14 days from the date of our having provided you with details of our all terms of business. If this applies to you we will at the same time as providing you with a copy of terms of business also provide you with a notice about your rights to cancel and a cancellation form.

Insurance Mediation

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 advising on the selling and administration of insurance contracts. The register can be accessed via the Financial Conduct Authority at www.fca.org.uk/register. The Solicitors Regulation Authority regulates this part of our business, including arrangements for complaints or redress if something goes wrong.

Complaints

We are committed to high quality legal advice and client care. If you are unhappy about any aspect of the service that you have received or about the bill, please raise this with the person acting for you or the Supervisor responsible. If your concerns still remain unresolved please contact our Complaints Partner, Tracey Smith on 01225 485700, by email at tas@mowbraywoodwards.co.uk, or by post at 3 Queen Square Bath BA1 2HG. We have a procedure in place which details how we handle complaints which is attached to these Terms of Business. We have eight weeks to consider your complaint and if we have not resolved it within this time you may complain to the Legal Ombudsman at PO Box 6806, Wolverhampton WV1 9WJ (telephone 0300 555 0333) to consider the complaint. Normally you will need to bring the complaint to the Legal Ombudsman within twelve months of receiving a final written response from us about your complaint and within six years of the act or omission about which you are complaining occurring or if outside of this period, within three years of when you should reasonably have been aware of it.

Although all our clients will have the right to complain as indicated above some will not have the right to complain to the Legal Ombudsman. For example:

  • Most businesses unless defined as micro-enterprises;
  • Charities or Clubs with an annual income of more than £1million;
  • Trustees of Trusts with asset value of more than £1million.

You also have the right to challenge or complain about our bill; this includes a right for assessment of our bill under Part III of the Solicitors Act 1974.

Insurance and our Liability

The firm is covered by Professional Indemnity Insurance. Our insurers are:

First Title Insurance plc
81 Gracechurch Street
London
EC3V 0AU

The liability of this firm in any matter will be limited to £5,000,000.

Regulation

This firm is regulated by the Solicitors Regulation Authority (SRA)

Appendices

The attached Appendices highlight our important information: