TERMS & CONDITIONS
KIRVAN BOND SOLICITORS
The Solicitors Regulation Authority (SRA) is the governing body of solicitors. We are registered with the SRA under no 571718. Professional rules laid down by it require that clients of solicitors be informed of certain terms and conditions of business. Accordingly, the following indicates the basis on which Kirvan Bond Solicitors will carry out our professional services on your behalf.
1. ADDRESS AND OFFICE HOURS
We practise from our office located in London, SW18. The normal hours of business are between 9.00am and 6:00pm on weekdays. Flexible appointments and visits may be arranged outside these hours when necessary. You may contact us by telephone on 020 8776 9388.
2. RESPONSIBILITY FOR YOUR MATTER
2.1 The Fee Earner responsible for the conduct of your matter will be Mr Martin Kirvan, a Solicitor and Sole Practitioner.
2.2 Our Practice Manager is not legally qualified and cannot give advice but may be able to deal with some of your enquiries and will in any event be pleased to take a message for you.
2.3 While we will avoid doing this if at all possible we reserve the right to change the fee earner who has responsibility for the conduct of your matter. When we have to do this we will tell you when and why this is necessary.
2.4 If you have any concerns with the service we have provided please tell us. You should first raise your concerns with Mr Martin Kirvan. He will try to resolve your concerns quickly. He will use our internal complaints handling procedure to help him do this. He will provide you with a copy of that procedure. If he cannot address your concerns to your satisfaction please refer them to Barry Edwards of Charles Clarke & Co, a solicitor working for another local firm on telephone number 020 8659 7227 at 77 High Street London SE20 7HW. We have 8 weeks to consider your complaint, if for any reason we or Barry Edwards are unable to resolve your concerns, we are regulated by the Solicitors Regulation Authority and complaints and redress mechanisms are provided through the Authority and the Legal Ombudsman. You should be aware that, when your complaint relates to a bill, the Legal Ombudsman will not consider your complaint while your bill is being assessed by a court.
The contact details for the Solicitors Regulation Authority (SRA) are as follows:
Telephone number 0370 606 2555
Postal address- The Cube, 199 Wharfside Street, Birmingham B1 1RN
The contact details for the Legal Ombudsman are as follows:-
Telephone number 0300 555 0333
Minicom 1800 20300 555 0333
Email address: firstname.lastname@example.org
Postal address: Legal Ombudsman, PO Box 6806, Wolverhampton WV1 9WJ
2.5 If you are a client and we have made contact with you by electronic means (website, email etc.) you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service may be found at http://ec.europa.eu/odr. Our email address is email@example.com.
2.6 Alternative complaints bodies (such as Ombudsman Services (https://www.ombudsman-services.org/), ProMediate (http://www.promediate.co.uk/) and Small Claims Mediation (http://www.small-claims-mediation.co.uk/) exist which are competent to deal with complaints about legal services should both you and our firm wish to use such a scheme. We usually agree to use such schemes.
3. BASIS OF OUR CHARGES
3.1 Unless (a) an alternative fee arrangement has been agreed and confirmed in writing by us or (b) you are entitled to have our charges paid by the Community Legal Service by funding known as Legal Aid or Public Funding, our charges are calculated by reference to the time spent by the fee earner (or the fee earners assistant/secretary) or other staff dealing with your matter. Time includes attendances upon you and others involved, at Court, traveling, considering, preparing and working on papers and correspondence, making and receiving telephone calls and e mails.
3.2 Either we will charge a fixed fee as detailed in the attached letter or the fee earners time incurred in your matter will be charged out at an hourly rate reflecting overhead costs. Routine letters sent out by us are charged at 6 minutes a page, telephone calls at 6 minute units and consideration of incoming documentation preparation and perusal of papers are charged on a time spent basis. If we quote you a fixed fee at the outset of the matter we reserve the right to charge an additional fee if any unforeseen additional work becomes necessary for example due to unexpected difficulties or complications or if your requirements or the circumstances of the matter significantly change during the course of the matter.
3.3 Our charges for this matter will be calculated as detailed in the attached covering letter. We will add VAT to our charges at the rate that applies when the work is done.
3.4 Where your instructions require interviews to take place or, other work is carried out necessarily outside our normal office hours, we reserve the right to increase the level of the hourly rate used for calculating our charges.
3.5 Any hourly rate set out in the attached letter is normally reviewed once a year. Details of any revision of rates will be supplied to you.
3.6 In property transactions, in the administration of estates and in transactions involving a substantial financial consideration or benefit to you, our charges may be calculated both by reference to the time spent and also by reference to a value of the financial benefit. The value element reflects the importance of the matter and the consequent responsibility falling on us.
3.7 Disbursements amount to payments made by us to others on your behalf such as:- Court fees, barrister’s fees, medical report fees, search fees, Land or Probate Registry Fees etc. We have no obligation to effect such payments unless funds have been provided by you for that purpose. VAT is payable on certain disbursements.
3.8 Our charges are payable whether or not a matter is concluded and whether or not it is concluded successfully. If any matter does not proceed to its conclusion for any reason during the period in which we are instructed we are still entitled to charge you for work done to the date the matter concludes. If a fixed fee has been quoted we will charge you a fee based on the hourly rate of the fee earner involved for the work undertaken to the date the matter concludes.
4. PAYMENT OF OUR CHARGES
4.1 In property transactions an account will normally be rendered following exchange of contracts and payment is required prior to or by the date of completion. If payment of the account is not made before completion we reserve the right to refuse to handle the completion. Where funds are payable by you upon completion by signing these terms you authorise us to deduct any amount due to us from such funds unless we otherwise agree in writing.
4.2 In the administration of estates it is our usual practice to deliver interim accounts at intervals during the administration. An interim account will normally be submitted when a Grant has been obtained. If it transpires it will take some time to complete the administration, further interim accounts may be delivered.
4.3 In most matters it will be our practice to ask you to pay sums of money from time to time on account of our anticipated charges. It is helpful if you meet such requests with prompt payment to avoid any delay. In matters that continue for more than one month it is our usual practice to render interim accounts at regular intervals for work already undertaken. In the event of any such account or request for payment on account not being paid we reserve the right to decline to act further in the matter. The full amount of work undertaken up to that date will then be charged in a final account. We reserve the right to charge interest at 4 % above Barclays Bank base rate from the date of the delivery of any account in any matter where payment of the account is not made within 28 days of delivery. In matters continuing for some period of time you may find it convenient to arrange regular payments on account by way of a standing order. In this situation our bank details can be supplied on request. You should tell us when such arrangements are set in place so any payments received by us can be properly allocated to you.
4.4 In some court cases where you are successful you may be entitled to the payment of our charges by the other party. However, it is rare for the court assessment of our charges to result in the other party having to pay the full amount of our charges. If the other party is a “man of straw” or in receipt of public funding it is unlikely any of our charges will be recovered. We underline that ultimately you are responsible for paying our charges regardless of any costs order made against any other party and that you may have to pay the other parties costs if you lose your case.
We will normally credit you with interest on any funds we hold in our Client Account on your behalf. Our policy on the payment of interest is as follows:-
5.1 Interest will accrue at the rate payable by our bank on instant access deposit. This may be less than the rate at which you could have invested the money yourself.
5.2 We will credit you with interest if the amount of interest involved is more than £20.00 and if the client money has been held in cleared funds in the client account for a period of more than 5 working days.
5.3 If we hold sums of money for you in relation to different matters we will normally treat the money relating to each of the different matters separately.
5.4 We will not account for interest or money held for the payment of a professional disbursement once the intended recipient has requested a delay in settlement.
6. STORAGE OF PAPERS AND DEEDS
6.1 After the end of the relevant matter please let us know if you would like us to send your file of papers to you. Otherwise we will keep your file of papers in storage. We will normally take a digital copy of your file of papers and then destroy it after a period of one year after the date of the final bill we send to you for the matter, without further reference to you and by agreeing to these terms you authorise us so to do. If you do not consent to this form of archiving, then you have the option to specifically opt out. You may review your rights within the Privacy Notice published on our website.
6.2 We will not destroy documents you ask us to hold in safe custody such as deeds, wills and other important original documents. However should any of them be lost or damaged as a result of events beyond our reasonable control we will not liable for their replacement or any resultant loss
6.3 If we retrieve papers or documents from the storage in relation to continuing or new instructions to act for you we will not normally charge for such retrieval. However we may charge you for time spent retrieving reading copying or working on such papers where that is to comply with your instructions in relation to the retrieved papers.
6.4 If you request a copy of your file of papers we will raise a charge for handling this. If we have taken a digital copy of the file this handling charge will include a fee charged by our archiving company for producing a DVD copy of the file.
By accepting these terms and conditions you hereby agree as follows:-
7.1 That any papers we hold on your matter can be inspected by an external firm in any inspection undertaken in relation to our obtaining and maintaining the Law Society Lexcel Practice Management Standard. If you do not consent to make your file available for auditing and vetting please inform us as soon as possible, this will not affect the way your matter is handled in any way.
7.2 That we can speak to any estate agent involved in your transaction and confirm to the agent the up to date position in your transaction.
7.3 If you are selling a property that we have your authority to receive the purchase money on your behalf on completion of the sale.
8. FINANCIAL SERVICES
Sometimes conveyancing/family/probate/company work involves investment. We are not authorised by the Financial Conduct Authority and so you may wish to refer you to someone who is authorised to provide any necessary advice. However, we can provide limited services in relation to investments provided they are closely linked with the legal services we are providing to you as we are regulated by the Solicitors Regulation Authority.
9. 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 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 the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.gov.uk/reigster.
The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000 but responsibility for regulation and complaints handling has been separated from the Law Society. The Solicitors Regulation Authority is the independent regulatory body of the Law Society and complaints are now handled by the Legal Ombudsman. The contact details for the Legal Ombudsman are as follows:-
Telephone number 0300 555 0333
Email address: firstname.lastname@example.org
Postal address:- Legal Ombudsman, PO Box 6806, Wolverhampton WV1 9WJ
10.1 any money we hold on your behalf will be held with Barclays Bank plc.
10.2 we do not accept any liability for any losses you suffer as a result of the failure of any bank.
10.3 the £50,000 Financial Services Compensation Scheme limit will apply to you.
11. EXCLUSIONS AND LIMITATIONS OF LIABILITY
11.1 We shall not be liable to you for any failure or delay or the consequences of any failure or delay in the performance of your instructions if it is due to any event beyond our reasonable control including without limitation acts of God, war, industrial, dispute, protest, fire, flood, storm, explosion, act of terrorism and national emergency.
11.2 Our total liability to you in respect of our retainer for any loss liability or damage however caused whether in contract (by way of indemnity or otherwise) tort (including negligence) misrepresentation restitution or otherwise (in each case whether caused by negligence or not) and whether related to any act omission services provided to you or not provided to you or failure to act or delay in acting by us will be limited (the “Liability Cap”). The Liability Cap:
11.2.1 in respect of loss or damage to your tangible property arising due to our negligence is £2 million and
11.2.2 in respect of all other loss or damage is £1 million
11.3 You agree not to bring any claim in respect of loss or damage suffered by you arising out of or in connection with our retainer (including but not limited to delay or non-performance of our retainer) against any of our partners employees or agent even where one of our partners employees or agents has been negligent. This restriction will not operate to exclude liability that cannot be excluded at law or to exclude the liability of Kirvan Bond Solicitors for the acts or omissions of any of our partners employees and agents. It is agreed that each of our partners employees and agents will have the right to enforce this restriction pursuant to the Contract (Rights of Third Parties) Act 1999. We reserve any right we have to rescind or vary these terms and conditions of business without our having to seek the consent of our partners employees or agents.
11.4 Nothing in these terms or conditions shall affect liability that we may have to you in respect of any personal injury or death resulting from our negligence any loss caused by fraud fraudulent misrepresentation or reckless disregard or our professional obligations or any other situation where the law prohibits us from excluding or limiting our liability to you. The provisions of this clause 10 shall continue to apply notwithstanding the termination of our retainer for any reason.
11.5 Our liability to you shall be limited to that proportion of your losses that it would be just and equitable to require us to pay having regard to the extent of our responsibility for the same on the basis that all other professional advisers involved in the matter shall be deemed to have provided an undertaking in terms no less onerous than this term.
11.6 If you wish to bring a court claim against us you must notify us of the claim within 6 months of the termination of our retainer and commence the claim within 12 months of the termination of our retainer.
11.7 We will not be liable for any loss damage or delay arising of our compliance with any statutory or regulatory requirement.
12.1 These are our standard terms and conditions of business upon which we intend to rely. For your own benefit and protection please read them carefully before you sign them. If you do not understand any point please ask for further information.
12.2 Your continuing instructions in this matter will amount to your acceptance of these terms and conditions of business.
12.3 You may terminate your instructions to us in writing at any time but we reserve the right to keep the papers on the matter while our charges for the matter remain unpaid.
12.4 We reserve the right to stop acting for you at any time if for example you fail to provide clear or proper instructions, you fail to pay an interim account or a request for a payment on account or you are abusive towards or harass any member of our staff. If we stop acting for you we will render a final account for our charges for our work undertaken to the date we stop acting for you.
12.5 Should any of our terms and conditions of business be declared void illegal or otherwise unenforceable the remainder shall survive.
12.6 These terms and conditions of business together with any agreed written variations set out the entire agreement between you and us and supercede all prior representations agreements (including any tender documentation or information) negotiations or understanding whether oral or in writing other than any misrepresentation which is made fraudulently.
12.7 Your instructions to us and the contract of retainer between us together with the services provided are governed by and interpreted in accordance with English law.
12.8 No person other than the parties their respective successors and assignees shall have any right to enforce any of these terms and conditions of business pursuant to the Contract (Rights of Third Parties) Act 1999 or otherwise.
12.9 These terms and conditions of business may only be varied by a written agreement signed by you and us.
12.10 If you are more than one person your obligations and liabilities are joint and several.
12.11 If you are instructing us jointly, it is your responsibility to tell us straightaway if you require more than one person to give us instructions in relation to your matter. Otherwise, we will accept instructions from any one person.
12.12 We are entitled to refuse to act for you if you fail to supply proof of your identity.
Kirvan Bond’s VAT number 141989384
14. PROFESSIONAL INDEMNITY INSURANCE
Kirvan Bond’s compulsory professional indemnity insurance is with AmTrust Europe Ltd
In this regard please note the following:-
14.1 Maven Underwriters
14.2 The policy number is PISRMV010795
14.3 The limit of liability on any one claim is £2,000.000.00
14.4 Aon Claims Solutions of PO Box 730 Redhill RH1 9FH Tel no 0207 086 4099
14.5 The territorial coverage is worldwide..
15. PAYMENTS TO US
If relevant to your transaction, we will also ask that funds relating to your matter be transferred at the appropriate time to this Client Account:
Barclays Bank, Beckenham Branch
Kirvan Bond Client Account
Sort Code: 20-05-57
Account Number: 73737721
We will never email you to change our Bank Account details. If you receive any email/s purporting to be from us and relating to financial transfers, you must assume these are fraudulent communications; do not act on them and report them as soon as possible to us and to the Police. If you ignore this warning and send monies to a different account from the one set out immediately above, we will not be liable for any losses.
If relevant to your matter, we will ask you at our first meeting or at the outset of your matter, for the account details of where funds should be transferred to you at the appropriate time. It is our policy to do this in person (as far as possible), and to obtain evidence in support (such as bank statements, which may be required in any case to comply with our Anti-Money Laundering regulations. It is our policy never to accept these instructions or any subsequent changes in bank account details by email and to only accept this and other non-face to face communications (letter, phone call etc.) after authenticating this with you in person or by a telephone call initiated by us and using the agreed contact number you provide to us at the outset of this retainer. We accept no liability for delays as a result of this due diligence and expect full co-operation and time responses from clients in validating or refuting any such instructions.
16. ANTI-MONEY LAUNDERING
16.1 In accordance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the payer) Regulations 2017 (‘the Regulations’) we are required to:
• Obtain information about a client’s identity and to verify that information;
• Obtain identity information about people related to a client (such as beneficial owners), where relevant and at time verify that information; and
• Continue to monitor the transaction and keep identity information up to date
16.2 We shall inform you in your client care letter whether the Regulations apply to your matter.
16.3 We are professionally and legally obliged to keep your affairs confidential. However, we may be required by law to make a disclosure to the National Crime Agency where we know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclsoure has been made. We may have to stop working on your matter for a period of time and may not be able to tell you why.
17. DATA PROTECTION
16.1 takes the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.
16.3 has measures in place to protect the security of your data in accordance with our Data Security Policy. A copy of the policy can be viewed at www.kirvanbond.co.uk under our Policies section.
16.4 will hold data in accordance with our Data Retention Policy (a copy of which can be found at www.kirvanbond.co.uk within our Policies section).The information is contained within our Data Security Policy referred to above. We will only hold data for as long as necessary for the purposes for which we collected it.
16.5 will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.
16.6 will use your personal data for the provision of legal services to you and for related purposes including:
• updating and enhancing client records
• analysis for management purposes and statutory returns; and
• legal and regulatory compliance.
16.7 can process your personal data for these purposes. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.
16.8 If you are an individual, you have rights under the 2018 Act, these are:
• The right to be informed
• The right of access
• The right to rectification
• The right to erase
• The right to restrict processing
• The right to data portability
• The right to object
• Rights in relation to automated decision making and profiling
16.8 use of that information is subject to your instructions, the Data Protection Act 2018 and our duty of confidentiality. Please note that our work for you may require us to disclose information to third parties such as expert witnesses and other professional advisers. There are some cases where our legal obligation overrides data subject rights. For example, notifying the NCA of any money laundering suspicions.
16.9 may from time to time wish to send you information which we think might be of interest to you. If you wish to receive that information please sign a Form of Acceptance that we can supply to you on request.
18. CANCELLATION RIGHTS
18.1 If you are an individual consumer (and not a business entity) and if our contract with you is a ‘distance contract’ or an ‘off premises contract’, you have the right to cancel this contract within 14 days from the day of the conclusion of the contract (the ‘cancellation period’). This right exists in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
18.2 This right will typically exist where we take instructions from you outside of our offices, for example during a visit to you, or by a means of distance communication such as over the telephone or by email. However, if you are unsure whether these cancellation rights apply to you, please contact us immediately upon receipt of these terms.
18.3 Please refer to the cancellation notice at the end of these terms for further information about your right to cancel and the conditions attached to the same.
18.4 Where cancellation rights apply under these regulations, we will not start work on your file for 14 days from the day of the conclusion of the contract because the regulations prevent us from doing so unless you instruct us otherwise. If you would like our service to start within 14 days of the day of the conclusion of the contract, please sign the given Form of Acceptance, mark the relevant box stating your wishes and return a copy to us.
18.5 Once we have started work on your file within the cancellation period, on your instruction, you will be charged for any work done if you then cancel your instructions. You will have to pay us an amount which is proportionate to the work completed until we receive notice of cancellation from you, in comparison with the full coverage of this contract. These charges will be applied on the same basis as set out in these terms and where a fixed fee has been agreed, the charges will not exceed that fixed fee.
Business purchases & sales
Lease purchases & sales
Partnership agreements & disputes
General business disputes
Grants of Lease
Lease Renewals, variations and disputes
Landlord possession claims
Defending landlord possession claims
Lease extensions / disputes
Service charge disputes
Landlord possession claims
Defending landlord possession claims
Child contact & residence