Terms and Conditions

1. Location & Hours of Business
Our office location is clearly stated on all correspondence from us. The office is open from Monday to Friday, 8.00 a.m. until 6.00 p.m. Alternatively, you can email the person who has care and conduct of your matter directly and they will respond during office hours.

2. Appointment
Should you wish to visit the office, please contact us and someone will arrange an appointment for you at a mutually convenient time.

3. Standard of Service
We endeavour to provide you with a friendly and efficient service and aim to ensure that we meet your expectations in terms of the service to be provided with the right level and area of expertise. In particular;

  1. We will always act in your best interests and give you our best advice;
  2. We will update you with progress on your matter regularly, and keep you informed of any changes in the law, circumstances or risk which may have an effect on the matter;
  3. We will explain to you the legal work that is required as your matter progresses and the likely timescale and costs involved.
  4. We are regulated by the Solicitors Regulation Authority and abide by the Solicitors Code of Conduct. Details of the Solicitors Code of Conduct can be accessed at: http://www.sra.org.uk/solicitors/code-of-conduct.page

4. Our Responsibilities
We are confident that we will provide you with a friendly and efficient service. The person dealing with your work is set out in the accompanying letter and we will work hard to avoid changing the people that you deal with. If this cannot be avoided we will notify you as soon as practicable of the name and status of that person.

5. Your Responsibilities
To assist us in providing an efficient and effective service, we ask that you:

  1. Provide us with clear, timely and accurate instructions;
  2. Provide all documentation required to complete the transaction in a timely manner;
  3. Safeguard any documents that are likely to have an effect on the work being carried out;
  4. Not ask us to carry out unrealistic instructions or to work in an improper or unreasonable way;
  5. Not deliberately mislead us;
  6. Cooperate with us as much as possible.

6. Liability
We hold professional indemnity insurance in the best interests of our clients. Details of our insurer are as follows:

Travelers Insurance Company Limited
61-63 London Road
Redhill
Surrey
RH1 1NA

Full details of our insurance policy can be found at our registered office.

Our liability to you for a breach of your instructions shall be limited to 3 million unless we expressly state a higher amount in our Engagement Letter. We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses or any damages, costs or losses attributable to lost profits or opportunities, whether by post, fax or email, being misdirected or intercepted by third parties.

We can only limit our liability to the extent the law allows. In particular, we cannot limit our liability for death or personal injury caused by our negligence.

7. Charges and Expenses

We offer sensible and realistic fees which you are responsible for paying. Wherever possible, we will calculate our charges on a fixed fee basis which will be detailed in the Engagement Letter that we agree with you. The charges that we have provided to you in relation to your matter cover the work that we have been instructed to carry out. However such charges may increase depending on the type of case that we are carrying out, its importance and the complexity involved in carrying out the work. Additionally, if we are instructed to carry out further work by you then we will provide you with an estimate of what the revised charges will be.

You are expected to pay for the full cost of the matter regardless of whether we have been successful or not.

If your instructions mean that we have to work outside normal working hours then we reserve the right to increase our charges. You will be notified in writing of any such increase.

Should we incur any additional expenses (disbursements) we reserve the right to only pay them when we have received confirmation from you that you will refund such additional costs or agree to pay such costs in advance of them being incurred.

8. Invoices & Payment Terms

Invoices provided by us will clearly show the work that is being charged for.

We will provide you with regular invoices to help you to keep on top of the charges we incur on your behalf. Where disbursements are incurred, we reserve the right to send you an invoice immediate upon those disbursements being paid or falling due.

We will provide invoices to you at timely intervals during the matter. However, where we have agreed a fixed fee for a matter, we reserve the right to submit our invoice at the outset of the matter.

All our invoices require immediate payment and we reserve the right to obtain money on account of some or all of our charges in advance (“payment on account”). We may also require payment of disbursements before they are incurred.

VAT will be charged on all our invoices and our VAT registration number is 165 4734 91.

9. Communication, Data Protection & Client Confidentiality

We will communicate with you by the most appropriate means, be it by telephone, email, via the Brookson Connect Portal, Brookson or post.

We use the information you provide primarily for the provision of legal services to you and for related purposes including:

  1. updating and enhancing client records
  2. analysis to help us manage our practice
  3. statutory returns
  4. legal and regulatory risk analysis and compliance

Our use of the information you provide 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 give information to third parties such as your accountants, expert witnesses and other professional advisers which may be working for you. By providing us with your instructions you agree to information being disclosed as appropriate. We will notify you in the event that we need to share information with a third party. You may withdraw your consent at anytime by notifying us by post, fax, telephone call or email and this will not affect the quality of the service you receive from us. You have a right of access under data protection legislation to the personal data that we hold about you.

Solicitors are under a professional and legal obligation to keep the affairs of the client confidential. This obligation, however, is subject to a statutory exception: recent legislation on money launder and terrorist financing has placed 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 to make a money laundering disclosure.

If, whilst we are acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or the reasons for it.

10. Conflicts of Interest

We try our best to avoid conflicts of interest, but they are inevitable in some transactions. In the event of a conflict of interest arising at any point during the transaction, we will notify you of the conflict of interest and may be required to cease to act on your behalf for the remainder of the transaction. We will co-operate with you insofar as we are permitted to do so by the Solicitors’ Code of Conduct 2019 to minimise any disruption caused by the conflict of interest.

In the event of a conflict of interest between you and Brookson Limited, Brookson Solutions Limited, Brookson Insurance Services, Brookson Financial Services Limited, or Brookson CIS Limited or any other part of the Brookson Group, we will decline to act for both parties.

Any advice that we give to you will be independent of any Brookson company and will be tailored to your circumstances. You are free to raise questions on all aspects of the transaction.

11. Anti-Money Laundering

The law requires solicitors to get satisfactory evidence of the identity of their clients and sometimes people related to them. This is because solicitors who deal with money and property on behalf of their client can be used by criminals wanting to launder money.

To comply with the law, we will need to get evidence of your identity as soon as possible. We may also carry out electronic searches from information provided by leading agencies. In the even that we incur any fees in relation to these searches, we reserve the right to pass these charges on to you as a disbursement. We will of course inform you of these charges and ensure that you are happy to cover the costs before the charge is incurred.

If you cannot provide us with the specific identification requested, please contact us as soon as possible to discuss other ways to verify your identity.

12. Equality and Diversity

Brookson Legal Services is committed to promoting equality and diversity in all of its dealing with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.

13. Storage of documents

After completing the work, we will be entitled to keep all your papers and documents while there is still money owed to us for fees and expenses.

We will keep a file of your papers for up to 6 years, except those papers that you ask to be returned to you. We keep files on the understanding that we can destroy them 7 years after the date of the final bill. We will not destroy documents you ask us to deposit in safe custody, but there may be additional charges for this.

If we take papers or documents out of 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 producing stored papers that are requested;

Reading, correspondence or other work necessary to comply with your instructions in relation to the retrieved papers.

14. Financial Arrangements

Our practice’s policy is to only accept payments from clients in the form of a direct bank transfer. It is therefore essential that you provide the reference printed on all of our correspondence anytime you pay money to us.

Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.

Some clients are introduced to us from third parties (including businesses within the Brookson Group or recruitment businesses). In some instances, we pay for these introductions. Such payments range up to 10% of our fee income; or where our fees are based on a percentage of the total cost by a client to engage contractors’ services (including service fees, salary, taxes, agency fees, National Insurance Contributions, pensions and Apprenticeship Levy payments, where applicable), our referral payments may amount to up to 0.5% of this cost. As our referral payments vary from client to client, we can not specify the amount to be paid in each instance, but they will always be calculated based on the above methods and full details of payments made for your instructions will be provided upon request.

We share business premises and have a financial arrangement in place with Brookson Limited for the use of equipment, secondment of staff and the use of business services (such as HR services and Information Technology). We also share common ownership with other businesses within the Brookson Group.

Whilst these financial arrangements may involve us paying monies to other Brookson Group Companies (including Brookson Limited, Brookson Projects Limited, +Us Workforce Services LLP and/or Brookson Group Limited) in respect of these items, it is not possible to quantify the amount paid by reference to any specific introduction as we do not pay Brookson Group companies for client referrals made to us, nor do we receive payment for any client referrals.

Any information you disclose to us will not be disclosed to any third party without your prior written consent. Where our Engagement Letter provides that we will provide documentation/information to a third party, you signing and returning the Engagement Letter to us will be taken as your express written consent to such information being disclosed. Alternatively, continuing to instruct us without disputing our Engagement Letter will also confirm your consent to information being disclosed. You can withdraw your consent at any time by notifying us in writing or over the telephone.

The advice we provide will be independent and specific to your circumstances. You are free to raise questions at any time in relation to any aspect of the transaction.

15. Complaints handling procedure

We are confident of providing a high quality service in all respects.  However, if you have any queries or concerns regarding the services that you are receiving please raise these concerns in the first instance with the person that is dealing with the everyday conduct of the matter concerned.  If that does not resolve the problem then you may raise your concerns with Matt Fryer who is the Group Compliance Director. If you are not satisfied with our handling of your complaint you can ask the Legal Ombudsman (at Legal Ombudsman, PO Box 6806 Wolverhampton WV1 9WJ) to consider the complaint or the Solicitors Regulation Authority. 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.

We have a procedure in place which details how we handle complaints which is available on our website or otherwise upon request.

All correspondence relating to complaints should be sent to our registered office at: 320 Firecrest Court, Centre Park, Warrington, WA1 1RG.

16. Distance Selling

In the event that we do not meet with you, the Consumer Protection (Distance Selling) Regulations 2000 may apply to this matter. This means you may have the right to cancel your instructions to us within seven working days of receiving this letter. You can cancel your instructions by contacting us by post to this office or by sending an email to contact@brooksonlegalservices.co.uk

Once we have started work on your file, you may be charged if you then cancel your instructions. We will start work on your file when we receive either:

  1. your signed Engagement Letter confirming your instructions; or
  2. payment from you

17. Termination

You may terminate your instructions to us in writing at any time, but we can keep all your papers and documents while there is still money owed to us for fees and expenses.

We may decide to stop acting for you only with good reason, e.g. if you do fail to pay an interim bill or there is a conflict of interest. We will give you at written notice of our intention to cease to act on your behalf.

If either of us decides that Brookson Legal Services should stop acting for you, you agree to pay our charges up until that point. If either of us decides to that Brookson Legal Services should stop acting for you, you agree to pay our charges up until that point. Such charges are detailed in the Engagement Letter.

18. Data Protection

In this paragraph 18, the following definitions shall apply:

  • ‘Client Personal Data’ means any personal data provided to us by you, or on your behalf, for the purpose of providing our services to you, pursuant to our Engagement Letter with you;
  • ‘Data Protection Legislation’ means all applicable privacy and data protection legislation and regulations including PECR, the GDPR, the Data Protection Act 2018 and any other applicable national laws, regulations and secondary legislation in the UK relating to the processing of personal data and the privacy of electronic communications, as amended, replaced or updated from time to time;
  • ‘Controller’, ‘Data Subject’, ‘Personal Data’, ‘Process’ and ‘Processor’ shall have the meanings given to them in the Data Protection Legislation;
  • ‘Sub-processor’ means a Processor engaged by us to carry out some or all of the obligations imposed on us under the terms of this engagement
  • ‘GDPR’ means the General Data Protection Regulation ((EU) 2016/679); and
  • ‘PECR’ means the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003).

You shall be considered to be the Data Controller in relation to the Client Personal Data and we are the Data Processor. Each of us will comply with all requirements and obligations applicable to us under the Data Protection Legislation in respect of the Client Personal Data.

You shall only disclose Client Personal Data to us where:

  • you have provided the necessary information to the relevant Data Subjects regarding its use (and you may use or refer to our Privacy Notice available at https://www.brooksonlegal.co.uk/about-us)
  • you have a lawful basis upon which to do so, which, in the absence of any other lawful basis, shall be with the relevant Data Subject’s consent; and
  • you have complied with the necessary requirements under the Data Protection Legislation to enable you to do so.

Should you require any further details regarding our treatment of Personal Data, please contact our Data Protection Officer by emailing: DPO@brookson.co.uk

We shall only process the Client Personal Data:

  • in order to provide our services to you and perform any other obligations in accordance with our engagement with you; and
  • in order to comply with our legal or regulatory obligations.

In relation to any Personal Data processed in connection with our engagement with you, we shall ensure that reasonable steps are taken to ensure the reliability and the integrity of any individual who has access to the Personal Data and ensure that they:

  • are aware of and comply with our duties under this clause;
  • are subject to appropriate confidentiality undertakings;
  • are informed of the confidential nature of the Personal Data and do not publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Controller or as otherwise permitted by our engagement with you; and
  • have undergone adequate training in the use, care protection, and handling of Personal Data.

For the purposes of our engagement with you and in accordance with your instructions we will Process the following types of Personal Data:

  • First and Surnames of individual workers;
  • First and Surname of client managers/client points of contact;
  • Rates of pay;
  • Telephone Numbers;
  • Email Addresses;
  • Job titles;
  • Work location of the worker; and
  • Any other types of Personal Data that may be necessary in order for us to fulfil our obligations in relation to our engagement with you.

For the purpose of providing our services to you, pursuant to our Engagement Letter, we may disclose the Client Personal Data to our regulatory bodies (such as the Law Society or Solicitors Regulation Authority) or other third parties (for example, our professional advisors or service providers), the courts or other third parties as required by law or regulatory authority from time to time.

Third parties to whom we disclose such Personal Data may be located outside of the European Economic Area (EEA).

We will only disclose Client Personal Data to a third party (including a third party outside of the EEA) provided that the transfer is undertaken in compliance with the Data Protection Legislation.

We may disclose the Client Personal Data to other third parties in the context of a possible sale, merger, restructuring or financing of or investment in our business. In this event we will take appropriate measures to ensure that the security of the Client Personal Data continues to be ensured in accordance with Data Protection Legislation. If a change happens to our business, then the new owners may use our Client Personal Data in the same way as set out in these terms.

Before allowing any Sub-Processor to process any Personal Data in relation to our engagement with you, we will:

  • notify you in writing of the intended Sub-processor and processing;
  • obtain your written consent;
  • enter into a written agreement with the Sub-processor which gives effect to the terms set out in this Schedule such that they apply to the Sub-processor; and
  • provide you with such information regarding the Sub-processor as you may reasonably require.

We shall remain fully liable for all acts or omissions of any Sub-processor.

We shall maintain commercially reasonable and appropriate security measures, including administrative, physical and technical safeguards, to protect against unauthorised or unlawful processing of the Client Personal Data and against accidental loss or destruction of, or damage to, the Client Personal Data.

In respect of the Client Personal Data, and provided that we are legally permitted to do so, we shall promptly notify you and provide our full assistance in the event that:

  • we receive a request, complaint or any adverse correspondence from or on behalf of a relevant Data Subject, to exercise their Data Subject rights under the Data Protection Legislation or in respect of our processing of their Personal Data;
  • we are served with an information, enforcement or assessment notice (or any similar notices), or receive any other material communication in respect of our processing of the Client Personal Data from a supervisory authority as defined in the Data Protection Legislation (for example in the UK, the Information Commissioner’s Officer or the Solicitors Regulation Authority); or
  • we reasonably believe that there has been any incident which resulted in the accidental or unauthorised access to, or destruction, loss, unauthorised disclosure or alteration of, the Client Personal Data.

Our above obligation to notify shall include the provision of further information to you in phases, as details become available.

We each agree to maintain complete and accurate records and information to demonstrate compliance with this clause 18. Upon the reasonable request of the other, we shall each co-operate with the other and take such reasonable commercial steps or provide such information as is necessary to enable each of us to comply with the Data Protection Legislation in respect of the services provided to you in accordance with our Engagement Letter with you in relation to those services.

Upon your written direction, we will delete or return Personal Data (and any copies of such) to you on termination of our engagement with you, unless we are required by law or regulatory authority to retain the Personal Data.

Either party may, at any time on not less than 30 working days notice, revise this clause 18 by replacing it with any applicable Controller to Processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when incorporated by attachment to this agreement).

Both parties agree to take account of any guidance issued by the Information Commissioner’s Office. Either party may on not less than 30 working days notice to the other party amend this agreement to ensure that it complies with any guidance issued by the Information Commissioner’s Office.

19. Applicable Law

We provide advice based on English law, legal principles and precedents. Accordingly, we are unable to provide any advice on the law applicable to other jurisdictions including (but not limited to) Scotland and Ireland). In the event that you require advice on the law relating to jurisdictions outside of England or Wales, we recommend that you seek legal advice from a local professional.

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.

20. Acceptance

Your continuing instructions will amount to acceptance of these Terms and we hope that the information set out in these Terms has been of assistance to you.

Our aim is to provide you with a friendly and efficient service and we aim to ensure that we meet your expectations in terms of the service to be provided with the right level and area of expertise. In particular;

  • We will always act in your best interests and give you our best advice;
  • We will update you with progress on your matter regularly, and keep you informed of any changes in the law, circumstances or risk which may have an effect on the matter;
  • We will explain to you the legal work that is required as your matter progresses and the likely timescale and costs involved.
  • We are regulated by the Solicitors Regulation Authority and abide by the Solicitors Code of Conduct. Details of the Solicitors Code of Conduct can be accessed at http://www.sra.org.uk/solicitors/code-of-conduct.page