1 Place and Hours of Business

1.1 Our offices are located as follows:

• 54 St Edward Street, Leek, Staffordshire ST13 5DJ. Telephone number 01538 399199

• 2 Ridge House, Ridgehouse Drive, Festival Park, Stoke-on-Trent ST1 5SJ. Telephone number 01782 200000.

1.2 Our normal office hours are 9.00 am to 5.00 pm Monday to Friday but appointments can be arranged at other times.

2 People Responsible for your Work

2.1 The fee earner principally dealing with your matter and the partner with responsibility for it are set out in our specific terms of engagement. He or she may be assisted by colleagues. You are specifically advised that trainee solicitors move between departments as part of their training.

3 Our commitment to you

3.1 Your instructions are to provide legal services. In specialised matters and in other appropriate cases you are advised to seek professional assistance from an appropriate advisor (e.g. accountant, architect, broker, surveyor, barrister etc).

3.2 We will provide you with quality service, advice and representation in a courteous and friendly manner, explaining what we are doing on your behalf and why, and regularly reporting progress on the matter to you.

4 Complaints

4.1 We are committed to high quality legal advice and client care. If you are unhappy about any aspect of the service you have received or about the bill, please contact Eric Hodkinson on 01538 399199 or email ewh@bowcockpursaill.co.uk or by post at our Leek office. We have a procedure in place which details how we handle complaints which is available on request. If you are not satisfied with our handling of your complaint you can ask the Legal Ombudsman, telephone 0121 245 3050 email or in writing to PO Box 15870 Birmingham B38 9EB email enquiries@legalombudsman.org.uk to consider the complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint.


5 Charges, Costs and Billings

5.1 Whenever we open a matter for you, we will advise you as to the basis on which our charges are to be calculated. Unless an alternative arrangement has been agreed with you in respect of any matter, our charges for dealing with it are based on the time spent but consideration will be given to the matters set out in paragraph 5.2 below. The hourly rates charged will be reviewed annually. Costs on abortive files will be charged unless we specify otherwise.

5.2 In addition to the time spent, we are entitled to take into account a number of factors, examples of which includes any need to carry out work outside our normal office hours, the complexity of the issues, the speed at which action has to be taken, any particularly specialist expertise which the case may demand. In particular, in property transactions, in the administration of estates and in matters involving a substantial financial value or benefit to a client, a charge reflecting, for example, the price of the property, the size of the estate, or the value of the financial benefit may be considered. It is not always possible to indicate how these aspects may arise but on present information we would expect them to be sufficiently taken into account in the rates which we have quoted. Where a charge reflecting any value element is to be added we will explain this to you. We will indicate what that value element will amount to and how it is calculated.

5.3 You may place a limit on the amount of charges which may be incurred without your prior approval. If you wish to do so, please tell us in writing.

5.4 In accordance with Solicitors’ Code of Conduct, we offer our clients information on charges to date every six months if you so request in writing.

5.5 We may ask for payment on account in respect of our charges. We normally deliver interim accounts at agreed regular intervals. A final account will be delivered upon completion of our work in the matter.

5.6 In the event that any accounts are not settled within 14 days after presentation, we formally reserve the right to suspend all work on the relevant matter and any other matter we are handling on your behalf and retain any papers and documents in our possession and, if court proceedings have been commenced, to remove our name from the court record.

5.7 Accounts are payable on presentation and, if not paid within thirty days, interest may be charged at a rate of 4% over the base rate of National Westminster Bank Plc for the time being in force. We may in the alternative claim interest where applicable under current statutory provisions in force relating to interest including the Late Payment of Commercial Debts (Interest) Act 1998.

5.8 If we receive any monies on your behalf then, unless otherwise agreed, our charges (together with disbursements, expenses and VAT) will be deducted from them before remittance of the balance to you. Similarly, we reserve the right, without prior notice, to transfer from monies held on client account such sum required to discharge any outstanding bill or bills once the credit period on the bill or bills has expired.

5.9 As the instructing client you are responsible for payment of our charges unless we have agreed in writing otherwise. This is so even if the bill is to be submitted to a third party, you are insured, someone else has agreed to pay your costs or the matter does not proceed to completion.

5.10 The details set out in your specific terms of engagement may change as the matter progresses and circumstances alter. You will be notified of changes as necessary.

5.11 You also have the right to object to the bill and apply to the Court for an assessment of the bill under Part III of the Solicitors Act 1974.

6 Disbursements, Expenses and VAT

6.1 We will add to our charges:

• Disbursements incurred on your behalf. These include (but are not limited to) search fees, stamp duty, barristers’ fees, court fees, third party accounts, commissioners’ fees and abortive sheriffs’ charges;
• Expenses such as travelling, photocopying, fax, postage and telephone charges;
• Additional costs , for example in arranging bank transfer, and
• Value Added Tax.

6.2 It is our practice in certain circumstances to ask for payment on account of disbursements which are to be incurred on your behalf. We will give as much notice as possible of the need for such payments but expect to receive payment from you for disbursements (incurred or anticipated) within 14 days. If payment is not received, we reserve the right to charge interest on disbursements incurred and to cease to act and (if applicable) remove ourselves from the court record.

6.3 If we have incurred disbursements on your behalf we will seek reimbursement of these immediately after they have been incurred and before an interim or final account is submitted. In certain cases we may defer seeking reimbursement pending an interim or final account.

7 Contentious Charges

7.1 In some cases and transactions you may be entitled to payment of costs by some other person. It is important that you understand that in such circumstances, the other person may not be required to pay any or all the charges and expenses which you incur with us. You have to pay our charges and expenses in the first place and any amounts which can be recovered will be a contribution towards them. If the other party is in receipt of legal aid no costs are likely to be recovered. In any event you agree to waive the provisions of section 74(3) of the Solicitors Act 1974.

7.2 If you are successful and a court orders another party to pay some or all of your charges and expenses, interest can be claimed on them from the other party from the date of the court order. We will account to you for such interest to the extent that you have paid our charges or expenses on account, but we are entitled to the rest of that interest.

7.3 You will also be responsible for paying our charges and expenses of seeking to recover any costs that the court orders the other party to pay to you.

7.4 A client who is unsuccessful in a court case may be ordered to pay the other party’s legal charges and expenses. That money would be payable in addition to our charges and expenses. Arrangements can be made to take out insurance to cover liability for such legal expenses. Please discuss this with us if you are interested in this possibility.

7.5 Legal Aid – we have not elected to enter into any of the particular contracts provided by the Legal Services Commission and therefore we are precluded from applying for Legal Aid other than in exceptional circumstances.


8 Interest Payments

8.1 If we hold monies on your behalf interest will be calculated and paid in accordance with the Solicitors Accounts Rules 1998, a copy of which is available on request.

9 Proof of Identity and Money Laundering Precautions

9.1 The law requires solicitors as well as banks, building societies and others, to obtain satisfactory evidence of the identity of their clients. We would be grateful therefore if you would provide us with either of the following:

• your current photocard driving licence, correctly showing your current address, or
• your passport, plus
• an item of evidence to prove your address, such as a recent utility bill, recent council tax demand or bank statement.

If you cannot provide such evidence please tell us and we will advise what alternative evidence may be acceptable. Please do not send us any funds until the identification procedures have been carried out. We may use electronic identification service providers to confirm your identity, and that of any beneficial owners. The cost of this form of verification will be treated as a disbursement payable by you.

9.2 Solicitors are under a professional and legal obligation to keep the affairs of clients confidential. This obligation, however, is subject to a statutory exception. Legislation on money laundering and terrorist financing places solicitors under a legal duty in certain circumstances to disclose information to the Serious Organised Crime Agency. Where a solicitor knows or suspects that a transaction on behalf of a client involves money laundering the solicitor may be required by law to make a money laundering disclosure. If that happens, we may not be able to inform you that a disclosure has been made or of the reasons for it because the law prevents “tipping off”.

9.3 Please note that we are normally only able to accept cash up to a limit of £500 in any 28 day period. If clients circumvent this policy by depositing cash direct with our bank we reserve the right to charge for any additional checks we deem necessary regarding the source of the funds.


9.4 It is a condition of accepting instructions that you provide such evidence as is requested in order to verify your identity and, when requested, the source of your funds. If insufficient evidence is provided we will not be able to act and reserve the right not to accept or to terminate instructions. We are obliged to keep records of the evidence of your identity, and a record of transactions relating to you, for at least five years.

9.5 We will not be liable for any loss, damage or delay arising out of the firm’s compliance with any statutory or regulatory requirement.

10. Investment Activity

10.1 We are not authorised by the Financial Services Authority. If, while we are acting for you, you need advice on investments, we may to refer you to someone who is authorised to provide the necessary advice.

10.2 However, we may provide certain limited investment advice services where these are closely linked to the legal work we are doing for you. This is because we are members of the Law Society of England and Wales, which is a designated professional body for the purposes of the Financial Services and Markets Act 2000.

10.3 The Solicitors Regulations Authority is the independent regulatory arm of the Law Society. The Legal Ombudsman deals with complaints against lawyers. If you are unhappy with any investment advice you receive from us, you should raise your concerns with either of those bodies.

11 Insurance Mediation

We are not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we may 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 Services website at www.fsa.gov.uk/register.

12 Professional Indemnity

12.1 In the interests of clients, we maintain professional indemnity insurance with Chartis Insurance UK Limited of The Chartis Building, 58 Fenchurch Building, London EC3M 4AB under Policy No. 34017931 and Royal & Sun Alliance Insurance PLC of St Marks Court, Chart Way, Horsham, West Sussex RH12 1XL under Policy No. PI 53019A. The policies apply to any claim arising or made against us anywhere in the world where legally permissible. Details of the limits of the level of each claim covered can be provided on request.

11 Storage of Deeds and Documents

13.1 We are prepared to keep in safe custody on your behalf Wills, Deeds and other securities and no charge will be made to existing clients for such storage.

12 Storage of Files

14.1 We will retain files after the completion of your work for such period as is required by law or recommended by Law Society guidance. Thereafter we reserve the right to destroy them in a confidential manner without further notification.

14.2 If we retrieve papers or documents from storage in relation to continuing or new instructions to act in connection with your affairs, we will not normally charge for such retrieval. However, we may make a charge based on time spent for producing stored papers or documents to you or another at your request. We may also charge for reading, correspondence or other work necessary to comply with your instructions.

13 Termination of Instructions

15.1 If at any stage you do not wish us to continue doing work and/or incurring charges and expenses on your behalf, you must tell us this clearly in writing. Pending payment of accounts we reserve our right to exercise a lien over any papers held by us.

15.2 You should be aware that in certain circumstances we can be either entitled or obliged to terminate our retainer.

16 Data Protection Act 1998

16.1 You consent to our processing of personal data obtained from you during the course of your instructions to us. Processing means obtaining, recording and holding your personal data whether in manual or electronic format.

16.2 We may use your personal information in order to provide the services you have requested, to communicate with you and to inform you of any of our services or marketing events which we believe may be of additional interest to you. In addition we are applying for accreditation under the Law Society’s Practice Management Standards (LEXCEL). We will assume that you have no objection to your file being inspected for quality analysis purposes unless you instruct us otherwise in writing. We would also like to pass your details to QualitySolicitors for the purpose of them obtaining feedback on our service to you and also to inform you of any promotions and news regarding us and the other QualitySolicitor firms. Please specify this in the acknowledgment if you would prefer we did not do this.

16.3 You have a right to see any of your personal information held by us and can request access to it by contacting the partner responsible for your matter. If you believe that any of the personal information held by us may be incorrect please contact the partner responsible for your matter to correct or update your details.

16.4 Your signing of the specific terms of engagement or your allowing us to conduct work on your behalf in accordance with your instructions after issue of these terms of engagement confirms your consent to our processing of your personal data.

17 Distance Selling

17.1 When you have instructed us to do work for you in a non face-to-face situation, such as by telephone, email or facsimile, you agree that we can start carrying out the work immediately. As soon as this work has commenced you will incur our charges as set out in these terms and our specific terms of engagement and you cannot cancel our engagement for such work already carried out on your behalf.

18 Virus Checker

18.1 We may communicate with you and others where appropriate by email or facsimile. We cannot be responsible for the security of correspondence and documents sent by email or facsimile. We may need to virus check disks and emails as appropriate.

19 Contract (Rights of Third Parties) Act 1999

19.1 A person who is not a party to our agreement with you has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms of engagement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

20 Jurisdiction

20.1 Any dispute or legal issue arising from our terms of business will be determined by the law of England and Wales, and considered exclusively by the English and Welsh Courts.



Bowcock & Pursaill LLP trading as
QualitySolicitors Bowcock & Pursaill