1 INTRODUCTION
1.1 The legal services that Imperia Law Solicitors Limited (also known as ‘Imperia Law’, ‘Imperia Law Solicitors’) provides are authorised and regulated by the Solicitors Regulation Authority (SRA No. 8011859). These terms and conditions are set out to comply with standards recommended by the Solicitors Regulation Authority and the Law Society and to explain clearly the service you can expect from us, the amounts we will charge for the work we do, and our methods of charging.
1.2 These terms and conditions do not affect statutory and common law rules that govern solicitors’ business. However, if there is a conflict between these terms and such rules, these terms will prevail so far as it is possible for them to do so.
1.3 When the words “we” and “us” are used in these terms and conditions, they refer to Imperia Law Solicitors Limited, a private limited company registered in England and Wales under company number 16133453. The registered office is Office 109, The Shed, Sergeants Yard, Bordon, GU35 0DJ. A list of directors is available for inspection at the registered office.
1.4 These terms and conditions, any letter that we send you confirming your instructions and any document referred to in that letter together represent the terms on which we contract with you.
1.5 Scope of services and exclusions: We do not provide residential or commercial conveyancing services. Our core areas of practice include Court of Protection matters (including property and financial affairs deputyships, statutory wills and general capacity advice) and related private client work (including lasting powers of attorney and associated advisory services). If your requirements fall outside these areas, we will discuss referral options.
2 RESPONSIBILITY FOR WORK CARRIED OUT ON YOUR BEHALF
2.1 The person(s) who will carry out all or the majority of the work on your matter is or are shown on the letter that accompanies these terms and conditions.
2.2 In certain circumstances, it may be appropriate for some work to be carried out by other members of staff, such as paralegal, secretarial or support staff. This allows us to provide a more efficient service to you and to charge you the appropriate amount for the work done. All work by such staff is performed under the supervision of a solicitor. The Principal Solicitor or a director has overall supervision of the matter
3 CHARGES AND EXPENSES
3.1 How we charge: Our fees are based on the amount of time we spend dealing with your matter. Time spent may include (without limitation): meetings; drafting documents (e.g., statements of case, witness statements, instructions to advocates/experts); attending court; considering, preparing and working on documents; correspondence; and telephone calls.
3.2 Hourly Rate: Our standard hourly rate is £350 per hour, unless we have agreed a fixed fee arrangement for your matter. Where a fixed fee has been agreed, this will be confirmed in writing at the outset.
3.3 Time spent by secretarial and administrative staff is generally not charged. However, where such staff undertake work of a specialised nature (for example, preparing court bundles or carrying out procedural steps), this may be charged at the rate shown above.
3.4 We record time in units of six minutes (one-tenth of an hour). Work is charged according to the hourly rates set out above.
For example, at the current rate for the Principal Solicitor of £350 per hour, each six-minute unit equates to £35. This method ensures short but important tasks (e.g., calls, emails, correspondence) are accounted for fairly and consistently.
3.5 Our hourly rates are reviewed annually on 1 April. We will notify you in writing of any revised rates that apply to your matter.
3.6 In addition to the time spent, we consider other factors when calculating fees, including complexity and urgency, the level of expertise or specialist knowledge required, and, where relevant, the value of the property or subject matter. Where a matter becomes significantly more complex, requires urgent work (including out-of-hours work), or otherwise falls outside the scope initially anticipated, we may adjust our rates. Any such adjustment will not exceed 25% above our usual hourly rate, and we will notify you in advance before applying any increase.
3.7 VAT: We are not currently registered for VAT. Accordingly; VAT will not be added to our charges. If our VAT status changes during your matter, we will notify you in writing and VAT will be applied to our services from the date of registration.
3.8 Disbursements: You must also pay the expenses we incur on your behalf (“disbursements”), such as photocopying, couriers, travel, international calls, and services of other professionals (e.g., surveyors, accountants, advocates). Governmental and regulatory fees (e.g., court fees, searches, company searches), CHAPS/Faster Payments charges and banker’s drafts may also be payable. Please note some third-party fees (e.g., counsel’s or experts’ fees) may attract VAT even though we are not VAT-registered.
3.9 Additional work: If unforeseen additional work is required, we will let you know prior and provide you with an estimate of charges. This may arise due to unexpected difficulties, changes in your requirements, or changes in circumstances during the matter (including the actions/inactions of other parties).
3.10 Matter not concluded: If your matter is not concluded, we will still charge for time spent and disbursements incurred on your behalf.
3.11 Money on account (Retainers): We will normally ask you to pay sums in advance of work/disbursements. We may request further payments on account as the matter progresses. Payments on account are set off against interim and final invoices, but total charges/expenses are likely to exceed payments on account.
3.12 Cheque clearance: We reserve the right to clear any cheques or other forms of payment before carrying out work.
3.13 Recovery of costs from others: Even if a Court orders another party to pay some or all of your legal costs, you remain primarily responsible for our fees and disbursements. Any costs recovered from another party will be credited to you, but you are liable for any shortfall including the time/costs of seeking recovery.
4 INVOICES
4.1 We will issue invoices on a regular basis during the matter, normally monthly, to assist you in managing and budgeting costs. Unless otherwise stated, all invoices issued constitute statute bills.
4.2 Invoices are payable within 7 calendar days of receipt unless a different arrangement has been agreed in writing. If any invoice remains unpaid 28 days after the date of issue, we reserve the right to charge interest at 4% above the Bank of England base rate, accrued daily from the date of the invoice until payment is made in full.
4.3 If you have queries about any invoice, please contact us immediately.
5 YOUR RIGHTS REGARDING OUR INVOICES
5.1 If you do not agree with the amount of any invoice, you have the right to apply to the High Court for an assessment under the Solicitors Act 1974, ss.70–72 subject to statutory limitations.
5.2 If you use the Solicitors Act procedure and any part of an invoice remains unpaid, we may charge interest on it as set out in clause 4.2.
5.3 You also have the right to complain about the amount of any invoice under our complaints procedure (see clause 13).
6 ELECTRONIC MAIL AND OTHER FORMS OF ELECTRONIC COMMUNICATION
6.1 We will normally communicate with you by email unless you tell us that you prefer another method. Email enables us to deal with matters promptly and efficiently. While we take appropriate precautions (including antivirus and reasonable security measures), email and other electronic communications may be intercepted, corrupted, delayed or otherwise insecure.
6.2 We cannot accept responsibility for losses arising from such risks beyond our reasonable control. If you prefer us not to use email for your matter, please notify us in writing at the outset.
7 DATA PROTECTION
7.1 To provide legal services, we will need certain personal data about you. This information will primarily be used for providing legal services and related administrative purposes (client records, invoicing, compliance and regulatory reporting).
7.2 While acting for you, we may also obtain personal data from third parties where necessary for your matter.
7.3 We process all personal data in accordance with the UK GDPR and the Data Protection Act 2018. Imperia Law Solicitors is registered with the Information Commissioner’s Office (ICO) under registration number ZB900799.
7.4 In certain circumstances, we may disclose personal data to third parties, for example:
· Other professional advisers such as barristers, accountants, or experts instructed in your matter;
· Service providers such as it, typing, photocopying, and secure file storage;
· Courts, tribunals, regulators and public authorities where required;
· Our auditors, insurers, and the solicitors regulation authority.
7.5 Any third party with whom we share data are required to maintain confidentiality and to process your data in compliance with UK data protection law and our instructions.
7.6 Where we transfer or store personal data outside the UK (for example, through cloud-based IT systems), we will ensure that appropriate safeguards (such as standard contractual clauses) are in place in accordance with UK GDPR requirements.
7.7 You have the right to:
· Request access to the personal data we hold about you;
· Request correction or deletion of that data;
· Restrict or object to its processing; and
· Complain to the Information Commissioner’s Office (www.ico.org.uk) if you believe your data has been mishandled.
7.8 Our full Privacy Notice, which provides further details about how we handle your personal data, is available on our website or on request.
7.9 From time to time, we may wish to send you information about our services or legal updates which we believe may be of interest. We will only do this with your consent, which you can withdraw at any time by notifying us by email or in writing.
8 PROOF OF IDENTITY
8.1 We are required by law to obtain satisfactory evidence of your identity (which can include people who are related to you). This is because criminals who want to launder money may use solicitors who handle and deal with money and property on behalf of clients.
8.2 We are required, in order to comply with our obligations, to have the evidence of your identity as soon as possible.
8.3 For individuals, in most cases, identification evidence will consist of the following two documents:
(i) your current valid passport; and
(ii) a document (such as a utility bill or a bank statement) that shows your name and your current residential address and is dated no more than three months before the date on which we ask for the evidence of your identity
8.4 Where you are a company or other type of organisation, then each individual who will deal with us on your behalf (such as a director, a manager or an employee) will also need to complete our Form and provide evidence of their identity.
8.5 For companies in most cases identification will involve:
· Us carrying out checks with the Registrar of Companies as to your existence and standing;
· Other checks with third party organisations in appropriate cases;
· Our inspection of your statutory registers and minute book;
· Identifying those persons who we are dealing with on your behalf
8.6 If you are unable to supply the documents listed in paragraph 8.3 – 8.5 above please contact us to discuss alternative ways that you can be identified.
8.7 In some cases, in order for us to properly identify you, we may need to carry out checks or make searches with third parties. If we do so, then we will make a charge of £20-30, dependent upon whether you are an individual or a company. This will be listed under the expenses section of your bill.
8.8 Where you cannot provide satisfactory evidence of identity then we may not be able:
· to act for you, and/or
· to receive any money from you; and/or
· to pay any money to you or to a third party on your behalf.
9 CONFIDENTIALITY
9.1 We have both a professional and a legal obligation to keep your affairs confidential.
9.2 These obligations are not absolute. In certain circumstances, we may be required by law to make a disclosure to the National Crime Agency (NCA) where we know or suspect that a transaction may involve money laundering or terrorist financing.
9.3 If we make a disclosure to the NCA in connection with your matter, this may mean that: we cannot tell you that a disclosure has been made, we must stop working on your matter for a period of time and we cannot tell you why we have stopped working on your matter.
9.4 Please also see clause 7 (Data Protection), which explains how we handle personal data, including circumstances where information may be shared with regulators, courts, or other authorities as required by law.
9.5 If you and another person jointly instruct us, you agree there will be no confidentiality between joint clients and that information you disclose to us can be shared with the other joint client. We may also share information with a relevant third party assisting with the matter (e.g., accountant or estate agent), unless you instruct otherwise. You permit us to disclose information about matters on which you instruct us to our insurers, auditors and regulatory bodies, in confidence.
9.6 If a conflict of interest occurs, for example, where your interests conflict with those of another joint client or another client, we may have to stop acting for you. A conflict of interest can arise for a number of reasons, for example:
· If you do not wish to allow us to disclose information that you have provided to another joint client;
· If you provide information to us which we must disclose to another client (in order to act in their best interests as well as yours) but you do not wish us to do so, or the other client provides information which we must disclose (in order to act in your best interest) but they do not wish us to do so; or
· If another situation develops where it would be a breach of professional rules for us to act for both you and another client.
10 INSURANCE AND LIABILITY
10.1 Any claim relating to our services can only be brought against Imperia Law Solicitors Limited, not against individual members, officers or employees.
10.2 ‘Claim’ means any claim whether arising out of this agreement or otherwise, whether in contract, tort, breach of trust or on any other basis.
10.3 Our maximum liability (save for fraud) is £3 million for any one transaction/matter or series of connected transactions/matters, unless a higher amount is stated in the accompanying letter.
10.4 We will not be liable for indirect or consequential loss, special or exemplary damages, including economic loss or loss of turnover, profits, opportunities, business or goodwill.
10.5 We do not limit liability for death or personal injury caused by our negligence.
10.6 We maintain professional indemnity insurance in accordance with the SRA Minimum Terms and Conditions. Our insurer is Travelers Insurance Company Limited, 61–63 London Road, Redhill, Surrey, RH1 1NA. Territorial coverage is England and Wales. Information required by the Provision of Services Regulations 2009 is available on request.
11 STORAGE OF PAPERS AND DOCUMENTS
11.1 We are entitled to keep all papers/documents (including originals) if any sums you owe remain unpaid at the end of our work or after termination.
11.2 We normally keep papers for six years (except those you ask us to return). At the end of that period, unless you request otherwise, we will securely destroy them. We may retain papers for longer if required by law, regulation or our professional obligations.
11.3 We may store your file electronically rather than in hard copy. Where so, documents will be held securely and accessible to you on request during the retention period. We will not destroy any papers or electronic records you have expressly asked us to deposit in safe custody. Deeds, wills and securities left with us for safe custody will be stored until you request their return or we give reasonable notice of changes to our storage arrangements.
11.4 We do not usually charge for retrieving stored papers when you provide continuing/new instructions. We may charge based on time spent producing papers to you or another person at your request.
12 TERMINATION
12.1 You can terminate your instructions at any time by writing to us. If sums are owing to us, we may retain your papers and documents until payment.
12.2 We may cease acting where there is good reason (for example: non-payment of invoices; failure to provide monies on account promptly; instructions that are unreasonable or would require breach of a professional rule or duty to the court; commission of a criminal offence; failure to provide satisfactory ID; or a breakdown in the solicitor-client relationship).
12.3 If we decide to stop acting, we will give reasonable notice, the length depending on the circumstances.
12.4 If you decide that you no longer wish us to act, you must pay us for time spent based on our hourly charges plus expenses incurred up to cessation.
13 OUR SERVICE AND COMPLAINTS
13.1 Our aim is to provide a service with which you will be fully satisfied. However, if at any point you become unhappy with the service you have received, or if you have a concern about an invoice, you are entitled to raise this with us. We have a written complaints procedure, a copy of which is available on request or via our website.
13.2 Internal Escalation: As a first step, we encourage you to raise any concerns with the person named in the client care letter as having day-to-day conduct of your matter. If you are not satisfied with their response, or if you prefer not to raise it with them directly, you may escalate the complaint to the supervising solicitor named in your client care letter.
13.3 If the issue remains unresolved, please contact Nikki Ruparelia, Principal Solicitor, who has overall responsibility for complaints handling within the firm.
13.4 Legal Ombudsman: If we are unable to resolve your complaint, you may be able to refer it to the Legal Ombudsman, who deals with complaints about service:
Address: PO Box 6806, Wolverhampton WV1 9WJ
Telephone: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk
13.5 You must normally bring your complaint to the Legal Ombudsman within six months of receiving a final written response from us, and within either six years of the act/omission being complained about or three years from when you should reasonably have known that you had cause to complain.
13.6 SRA Complaints: In addition, the Solicitors Regulation Authority (SRA) can help you if you are concerned about our professional conduct (for example, dishonesty, losing your money, or treating you unfairly because of your age, disability, or other protected characteristic). Further information is available at www.sra.org.uk.
13.7 Alternative Complaints Bodies: Alternative complaints bodies, such as ProMediate (www.promediate.co.uk), exist which are competent to deal with complaints about legal services. We do not agree to use such schemes.
13.8 Disputes About Fees: If you are unhappy with, or have a complaint about, the amount that we have charged you, you may also use the ‘assessment’ procedure (see paragraph 5 above) in addition to our complaints procedure.
14 EQUALITY AND DIVERSITY
We are committed to promoting equality and diversity in all our dealings with clients, third parties, and employees. We comply with the Equality Act 2010 and do not discriminate based on age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, or sexual orientation. A copy of our Equality and Diversity Policy is available on request.
15 FURTHER INSTRUCTIONS CONCERNING CONTENTIOUS MATTERS
If you provide further instructions concerning other contentious matters, these terms and conditions will apply unless we agree otherwise.
16 THIRD PARTIES
For the purposes of the Contracts (Rights of Third Parties) Act 1999, this contract is not intended to, and does not, give any person who is not a party to it the right to enforce any of its provisions.
Only the person(s) named as our client(s) in the accompanying letter can rely on any advice or other work that we provide. If information from our advice/work is revealed to a third party by you (or by us with your consent), you must inform the third party that we accept no responsibility to them.
17 LAW AND JURISDICTION
This agreement is governed by and construed in accordance with the law of England and Wales, and each party submits to the exclusive jurisdiction of the courts of England and Wales.
18 MISCELLANEOUS
18.1 Opening hours:
We are open on normal working days from 9.30am to 5.00pm. Outside these hours, please email info@imperia-law.com or call 01252 958 731 and leave a message. We do not usually provide services outside these hours unless prior arrangements have been made.
18.2 Outsourcing:
To deal with your matter efficiently, we may on occasion arrange for certain routine tasks to be carried out by persons not directly employed by us. These tasks are usually administrative or clerical in nature (such as typing, photocopying, or filing). Where this occurs, it may be necessary to provide the contractor with access to your file (including personal information).
We will always ensure appropriate confidentiality agreements are in place and that your information is handled securely and in compliance with data protection law. If you would prefer us not to outsource any element in this way, please notify us at the outset.
18.3 Auditing of files and systems by third parties:
Sometimes we may need to let another organisation (such as our regulators the SRA) examine or audit our systems and files or produce material to them. In this situation, they are under a duty to maintain confidentiality in relation to your files.
18.4 Cash policy and third-party funds:
We do not accept cash exceeding £500 in any 28-day period. We do not accept payments from third parties who are not our client without prior agreement and satisfactory due diligence. We reserve the right to refuse or return funds where the source is not acceptable to us.
18.5 Cloud/electronic systems:
We use reputable cloud and IT service providers for document and email systems. Data may be stored or accessed from outside the UK; where this occurs, we apply the safeguards described in clause 7.5.
18.6 Financial services and FCA:
We are not authorised by the Financial Conduct Authority (FCA). If your matter involves investment or other regulated financial activity, we will not provide FCA-regulated advice. Where appropriate, we will refer you to an FCA-authorised firm for advice. We may provide incidental financial services where permitted by law and SRA regulation.
18.7 Consumer cancellation rights (distance contracts):
If you are instructing us as a consumer and this contract has been entered into at a distance (e.g., by email/telephone) or off-premises, you may have a right to cancel within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
To exercise this right, you must notify us clearly in writing within 14 days of the date of our client care letter. If you ask us to begin work during the 14-day period and later cancel, you may be charged for work undertaken up to the date of cancellation and for any disbursements incurred.