Client Information
Information on how we provide our services, including client money, complaints and terms of business.
This notice explains how we deal with interest on money we hold on your behalf.
We will pay a fair sum of interest on client money where it is appropriate to do so, taking into account the amount held, the length of time it is held and the interest rates available.
General client account
Client money is usually held in our general client account. This is a pooled account where funds for different clients are held together.
Because the account is used to facilitate transactions and is held on an instant access basis, the interest you receive may be less than if you had invested the money yourself.
We will normally pay interest on money held in our general client account on the following basis:
- interest is calculated daily on the balance held for your matter
- interest will not normally be paid where the total amount is £100 or less
- interest is paid at a rate set by the firm which we consider to be fair and reasonable in the circumstances
The rate may be varied from time to time to reflect changes in market conditions and banking arrangements.
Interest is paid without deduction of tax and it is your responsibility to account to HMRC where required.
Designated client accounts
Where a substantial sum of money is held for a significant period, we may place the funds in a separate designated client account where we consider it appropriate to do so.
If you would like us to consider placing funds in a designated client account, you should notify us. We will review this having regard to the amount involved, the likely duration for which the funds will be held and the practical and banking arrangements required.
Where funds are held in a designated client account, all interest earned will belong to you, subject to any bank charges or deductions.
Bank arrangements
Client money is held with regulated UK banks. We are not responsible for the acts or omissions of those institutions.
Bank charges and negative interest
If a bank applies charges or negative interest to money held on your behalf, we reserve the right to pass those charges on to you where permitted.
Return of funds
At the conclusion of your matter, any remaining funds will normally be returned to you by bank transfer or applied towards any outstanding fees where appropriate.
Residual balances
If a small balance remains and we are unable to return it after taking reasonable steps, we may deal with it in accordance with regulatory requirements.
Queries
If you have any questions about interest on money held on your behalf, please contact the fee earner handling your matter.
Last updated: April 2026
We are committed to providing a high-quality service to our clients. If something goes wrong, we want to know about it so that we can address the issue and improve our service.
We encourage you to raise any concern informally with the fee earner handling your matter. However, you are not required to do so and may use our formal complaints procedure at any time.
How to make a complaint
If you wish to make a formal complaint, please set out the details in writing and send it to:
Client Care Partner
Michael Cotterhill
Email: michael.cotterhill@cotterhillhitchman.co.uk
If your complaint relates to Mr Cotterhill, or you would prefer not to contact him, you may instead contact:
Alternative Contact
David Hitchman
Email: david.hitchman@cotterhillhitchman.co.uk
We will acknowledge your complaint and explain the next steps, including who will deal with your complaint.
If you require any assistance in making your complaint, or would like this policy in an alternative format, please let us know.
To help us deal with your complaint as quickly as possible, it would be helpful if you could include:
- your name and contact details
- your file reference or matter details (if known)
- a clear description of your concern
- what outcome you would like us to achieve
However, please do not worry if you are unable to provide all of this information. We will still consider your complaint and may contact you for further details if needed.
What will happen next
Acknowledgement: We will acknowledge receipt of your complaint within 7 working days and provide a copy of this policy.
Investigation: Your complaint will be investigated by an appropriate person within the firm who was not directly involved in the matter where possible.
Initial response: We will provide a written response within 14 days of our acknowledgement.
This may include:
- our findings
- any proposed resolution
- an invitation to discuss the matter further if appropriate
Meeting (if required): If a meeting is arranged, we will confirm the outcome in writing within 3 working days.
Further information: You will be given the opportunity to provide any further information or request clarification.
Final response: We will send our final written response within 14 days of receiving any further information.
We aim to complete the complaints process and issue our final response within 8 weeks of receiving your complaint. If this is not possible, we will explain why and provide an updated timeframe.
If you are not satisfied
If your complaint relates to the service we have provided and you are not satisfied with our final response, you may refer the matter to:
Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Telephone: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk
The Legal Ombudsman is an independent organisation that investigates complaints about legal services.
You must usually refer your complaint:
- within 6 months of our final written response; and
- no later than 6 years from the act or omission; or
- no later than 3 years from when you should reasonably have known there was cause for complaint.
Concerns about conduct
The Solicitors Regulation Authority (SRA) deals with concerns about conduct, such as dishonesty, misuse of client money, or discrimination.
You can raise your concerns with the SRA via:
Website: www.sra.org.uk/consumers/problems/report-solicitor/
Alternatively, you can contact the SRA by post at:
Solicitors Regulation Authority
The Cube
199 Wharfside Street
Birmingham
B1 1RN
Who can complain
This procedure is available to our clients and, where appropriate, to others who may have a legitimate interest in the services we provide.
We take the security of client funds seriously.
Our bank account details will not change during the course of a matter. We may provide our bank details to you by email or other means, but we will not notify you of any change to those details solely by email.
If you receive any communication suggesting that our bank details have changed, you must not act on it, as it is likely to be fraudulent.
Before making any payment to us, particularly your first payment, you should verify our bank details by contacting our office using a known and trusted telephone number.
We will not accept responsibility for any loss arising from funds transferred to an incorrect account where our bank details have not been verified directly with us.
Version: July 2026
Effective date: 24 July 2026
These Terms of Business set out the basis upon which Cotterhill Hitchman LLP accepts instructions and provides legal services. They form part of our agreement with you and should be retained for future reference.
These Terms of Business should be read together with the accompanying engagement letter or email, which sets out the specific details of your matter.
Any guidance notes, explanatory materials, website content or other non-contractual documents provided by us are for information only and do not form part of the contract between us.
Unless otherwise agreed in writing, the version of these Terms of Business in force at the date of your engagement letter or email will apply to the matter described in that engagement letter or email. Where we are instructed by you on a later occasion, the version of our Terms of Business in force at that time will apply to those new instructions unless we agree otherwise in writing.
About Us
Cotterhill Hitchman LLP is a limited liability partnership registered in England and Wales under number OC301080.
Our registered office is:
Hazelmere House
262 Lichfield Road
Sutton Coldfield
West Midlands
B74 2UH
We are authorised and regulated by the Solicitors Regulation Authority (SRA number 353376). In these terms:
- “we”, “us”, and “our” refer to Cotterhill Hitchman LLP
- “partner” means a member of Cotterhill Hitchman LLP.
These Terms of Business apply to all work undertaken for you unless varied in writing by a partner.
By instructing us or continuing to provide instructions you agree to these Terms of Business.
Important Notice Regarding Liability
Our liability to you in connection with any matter is limited. Details of this limitation are set out in the section entitled Limitation of Liability below.
Identification and Anti-Money Laundering Checks
We are required by law to verify the identity of our clients and to carry out checks under anti-money laundering, financial crime and sanctions legislation.
These checks may include:
- verifying your identity and address
- obtaining evidence of the source of funds or wealth
- verifying beneficial ownership of entities
- sanctions screening
- ongoing monitoring of transactions.
We may carry out these checks using electronic verification services.
If the required information is not provided, we may decline to act or cease acting for you.
Where required by law we may report suspicions of criminal activity to the National Crime Agency and may be prohibited from informing you that such a report has been made.
We may also carry out sanctions screening in relation to you, your business and any relevant third parties involved in your matter.
We may decline to accept instructions, suspend work or cease acting where this is necessary to comply with applicable sanctions laws. In such circumstances we may be prohibited from providing further information about the reasons for our decision.
Where sanctions restrictions apply, we may be prohibited from completing transactions, transferring funds or continuing to act unless appropriate licenses or permissions are obtained from the relevant authorities. We will not be responsible for any delay or inability to act that arises because of compliance with sanctions legislation.
We may be required to carry out further identity checks or obtain updated information during our retainer to comply with ongoing monitoring obligations under anti-money laundering legislation. You must provide any information and documents reasonably requested for this purpose.
Conflicts of Interest
We carry out conflict checks before accepting instructions.
If a conflict arises or may arise between your interests and those of another client, we may be unable to act or may have to cease acting for one or more clients.
We may also be required to stop acting where a conflict arises between your interests and our regulatory obligations.
Our Service
We will:
- act with reasonable skill and care
- act in your best interests
- communicate clearly and in plain language
- keep you informed of progress
- advise you of significant developments affecting your matter.
Your Responsibilities
You agree to:
- provide clear and timely instructions
- supply accurate and complete information
- inform us of changes affecting your matter
- review documents we send to you and notify us of errors
- pay invoices when due
- treat our staff courteously and professionally.
You are responsible for carefully reviewing any draft or final documents we send to you and for confirming that the information they contain is accurate and reflects your instructions. If you believe that any document contains an error, omission or misunderstanding of your instructions you must notify us promptly so that the matter can be corrected.
You remain responsible for all commercial, financial and personal decisions made by you in relation to your matter.
Scope of our Advice
We will agree the scope of our work with you at the outset of the matter. The scope of our responsibilities is defined by your instructions, the engagement letter or email, and these Terms of Business.
Our advice relates solely to legal matters. Unless expressly agreed otherwise in writing, we do not provide financial, investment, tax, accounting or other non-legal advice, and our advice should not be relied upon as such.
Unless expressly agreed otherwise in writing, our advice is limited to the law of England and Wales as it applies at the date the advice is given.
Decisions about commercial or financial risk remain your responsibility. Any decision concerning investments, acquisitions, financing arrangements or other financial transactions should be taken only after obtaining appropriate advice from suitably qualified professional advisers.
We will not be responsible for advising on matters that fall outside the agreed scope of our instructions unless we expressly agree to do so in writing.
We are entitled to rely on the accuracy and completeness of information provided by you or by third parties on your behalf and we will not be responsible for verifying such information unless we expressly agree to do so.
You are responsible for ensuring that the information you provide to us is accurate and complete. If you consider that our advice does not address a matter relevant to your circumstances, or if any correspondence or document provided by us is inaccurate or incomplete, you should notify us promptly so that the matter may be reviewed.
Where the client is a company, partnership, LLP or other organisation, we may rely on instructions given by any person whom we reasonably believe to be authorised to give instructions on the client’s behalf. We will not be responsible for any loss arising from reliance on such instructions unless we have actual knowledge that the person giving the instructions is not authorised to do so.
Our advice is provided solely for the benefit of the client identified in the engagement letter and only for the purposes of the matter to which it relates. Within your organisation (where applicable), our advice may be used only for the purposes of that matter. You may not disclose, quote, summarise or refer to our advice, in whole or in part, to any other person without our prior written consent, except where disclosure is reasonably necessary for the purposes of the matter or required by law or regulation. Unless we expressly agree otherwise in writing, no other person may rely on our advice or have any right to enforce any term of our retainer, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. If we consent to disclosure of our advice to a third party, the advice must be disclosed in full and that third party may rely on it only to the extent and for the purpose expressly agreed by us in writing.
Our advice is based on the law and information available at the time it is provided. We have no obligation to update that advice to reflect subsequent changes in law or circumstances unless we agree to do so in writing.
Unless we expressly agree otherwise in writing, we are not responsible for reviewing earlier advice or documents, whether prepared by us or by others, for errors, omissions, validity or continuing effectiveness.
Communications with you during meetings, telephone calls or email exchanges may include preliminary views or discussion but are not intended to constitute formal legal advice unless expressly confirmed in writing as part of our considered advice.
Where advice is material to your decision-making or is intended to be relied upon for a particular purpose, you should ensure that it is confirmed in writing by us before acting on it.
You should carefully consider the advice we provide. We will not be responsible for any loss arising from your failure to follow our advice or from any action taken by you contrary to, or without taking appropriate account of, our advice.
You are responsible for acting on our advice within any relevant time limits. We will not be responsible for any loss arising from delay by you in providing instructions, information or authority to act, or from any delay by you in acting on our advice.
Responsibility for Work
We will inform you who is responsible for handling your matter. A partner will supervise the work.
Other members of our team may assist where appropriate.
Normal Office Hours
Our normal office hours are 9.00 am to 5.15 pm Monday to Friday.
Appointments outside these hours may be arranged by prior agreement where necessary.
Our Charges
Our fees are calculated on a fair and reasonable basis having regard to:
- the time spent on the matter
- the complexity of the issues involved
- the skill, expertise and responsibility required
- the urgency of the work
- the value of the matter and its importance to you.
Unless otherwise agreed, our fees are primarily calculated by reference to the time spent working on your matter, the hourly rates applicable to the individuals carrying out the work and the factors referred to above.
Time is recorded in units of one-tenth of an hour (six minutes). Each activity undertaken in relation to your matter may therefore be recorded as a minimum of one unit.
Time spent on internal discussions, supervision, review of work and consultations between members of our team in relation to your matter may be charged where this is reasonably required for the proper conduct of your case.
Hourly Rates
Details of the hourly rates applicable to your matter will be set out in your engagement letter or email.
Our hourly rates vary depending on the experience and seniority of the person carrying out the work. Work may be carried out by partners, solicitors, legal executives, trainees, paralegals or other appropriately qualified members of our team.
Our hourly rates are reviewed periodically, usually on an annual basis. Any revised rates may apply to work carried out after the date of the review. Where a change affects your matter, we will notify you in writing of the revised rates.
The individuals responsible for working on your matter will be confirmed in your engagement letter or email or in subsequent correspondence.
We will allocate work to the member of our team we consider appropriate having regard to the nature, complexity and urgency of the matter.
Estimates
Any estimate of fees is provided for guidance only and does not constitute a fixed quotation unless expressly confirmed in writing.
Estimates are based on our current understanding of your instructions and the information available at the time they are given. The actual cost will depend on the time reasonably required to carry out your instructions and may vary if circumstances change or additional work becomes necessary.
Disbursements and Administrative Expenses
You are responsible for expenses incurred on your behalf including:
- court fees
- Land Registry fees
- Companies House fees
- barristers’ fees
- expert fees
- search fees
- travel expenses.
These will be charged at cost.
Where appropriate we may request funds in advance before incurring such expenses.
In addition to professional fees, we may charge reasonable administrative expenses incurred in connection with your matter. These may include (but are not limited to) costs associated with photocopying, scanning, document production, electronic identification checks, and compliance or onboarding procedures required by law or regulation.
Such expenses will be charged at reasonable rates reflecting the firm’s cost of providing those services.
Money on Account
We may request payment on account of fees or expenses. Any payment on account will normally be held in our client account and applied against invoices as they are issued.
If a requested payment on account is not received within a reasonable time, we reserve the right to suspend work on the matter until payment is received and, if appropriate, to terminate our retainer.
A request for money on account does not represent an estimate of total costs.
Consumer Cancellation Rights
Where you instruct us as a consumer and the contract for our services is concluded at a distance or off-premises within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may have the right to cancel your instructions within 14 days without giving any reason.
If you ask us to begin work during the cancellation period, you agree that we may do so and that you will be responsible for paying for work carried out and expenses incurred up to the date of cancellation.
If the work is completed during the cancellation period, you will lose the right to cancel once the services have been fully performed.
Security for Fees
In appropriate circumstances we may request security for our fees and expenses. This may include, for example, a personal guarantee or a charge over an asset. If we consider security necessary, we will discuss this with you before taking further steps.
Invoices and Payment
We may issue interim invoices during the course of a matter. Unless expressly stated otherwise, each interim invoice delivered to you is intended to constitute a final statute bill for the work covered by it for the purposes of the Solicitors Act 1974 and to be complete and final in respect of that work.
Each such invoice will identify the work and (where appropriate) the period to which it relates. Each such invoice is intended to represent the final and complete charge for the work described in it and is not a request for payment on account unless expressly stated otherwise.
No provision of these Terms or any accompanying document shall operate so as to render any such statute bill interim, provisional or otherwise non-final.
Each such invoice is complete and final in respect of the work to which it relates and will not be subject to subsequent adjustment, save in the case of manifest error or where otherwise required by law.
Any subsequent invoice will relate only to work carried out after the period covered by the previous invoice.
Delivery of an invoice may be effected by post or by electronic means including email.
Your rights to challenge or seek assessment of such bills are subject to the time limits set out in the Solicitors Act 1974.
If you have any query regarding an invoice, you should notify us promptly and in any event within 14 days of receipt so that we may review the matter.
Unless we agree otherwise in writing, you remain responsible for payment of our fees and expenses even if a third party has agreed or is expected to pay them on your behalf. Payment by a third party shall not affect the status of any invoice as a statute bill.
Invoices are normally issued monthly and on completion of the matter.
Payment is due on receipt unless otherwise agreed in writing. If any invoice is not paid when due we reserve the right to suspend work until payment is received.
We accept MasterCard and Visa card payments. We do not accept American Express.
We do not impose card surcharges where prohibited by law. Where permitted, we reserve the right to pass on any card processing charges applied by our payment provider.
You must pay our invoices in full without any deduction, counterclaim or set-off unless required by law.
Nothing in these Terms is intended to create a “contentious business agreement” within the meaning of the Solicitors Act 1974 unless expressly stated otherwise in writing.
Late Payment
If an invoice remains unpaid 14 days after delivery:
Where you instruct us as a consumer, we may charge interest on the outstanding amount at the rate of 4% above Bank of England base rate per annum, calculated from the date of the invoice until payment is received. We may also recover from you any reasonable costs incurred in recovering overdue sums, including the costs of sending reminder letters, instructing debt recovery agents or solicitors, and taking steps prior to the issue of legal proceedings.
Where you instruct us in the course of business, we reserve the right to charge interest and claim compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, including statutory interest, fixed recovery charges and any reasonable costs of recovering the debt.
If any invoice remains unpaid, we may suspend work on your matter until payment is received. Any delay arising from suspension of work due to non-payment will not be our responsibility.
Third-Party Advisers and Organisations
Where third parties are instructed on your behalf, including barristers, experts or agents, they may contract directly with you and may have their own terms of engagement.
We will exercise reasonable care in selecting such advisers, but they will be responsible for the services they provide and we will not be liable for their acts or omissions.
During a matter we may need to deal with third-party organisations such as courts, HM Land Registry, government departments, banks, lenders, experts, agents or other professional advisers. The progress and timing of matters may depend on the actions and response times of those organisations.
While we will take reasonable steps to progress your matter efficiently, we will not be responsible for delays, errors or failures caused by third parties outside our reasonable control.
Confidentiality and Data Protection
We will keep confidential all information relating to you and your matter except where disclosure is required:
- to carry out your instructions
- to third parties engaged on your matter
- to our insurers, auditors or professional advisers
- to our regulators
- to outsourced service providers
- to technology providers and providers of artificial intelligence systems
- by law or regulatory requirement
- by court order.
We may store data electronically and use secure cloud-based systems, including systems hosted outside the United Kingdom where appropriate safeguards are in place.
We may also use reputable technology and artificial intelligence service providers to assist with the provision of legal services and the operation of our business. Where personal data is processed through such systems, appropriate contractual, technical and organisational safeguards will be maintained.
We process personal data in accordance with UK data protection legislation including the UK GDPR.
Personal data will be used only where necessary to:
- provide legal services
- comply with legal obligations
- comply with regulatory obligations
- enable conflict checks
- prevent fraud and enable risk management
- manage our business operations.
Further details are set out in our Privacy Policy.
Electronic Communications and Cyber Security
We routinely communicate by email.
While we take reasonable steps to protect the security of electronic communications, email is not a completely secure form of communication and messages may be intercepted, corrupted, delayed, or exposed to risks including malware, phishing or unauthorised access.
By instructing us you accept the risks associated with email communication.
Electronic communications may be vulnerable to fraud.
We will not notify you of changes to our bank details solely by email.
If you receive any communication suggesting a change to our bank details, you must verify it with us by telephone using known contact details.
We will not be responsible for losses arising from fraudulent payment instructions where you have not first verified those instructions with us using known contact details.
Electronic Signatures
Where appropriate we may accept or use electronic signatures and digital execution platforms for documents. Unless the law requires otherwise, documents signed electronically may be relied upon as if they had been signed with a handwritten signature.
Where a document is required to be executed as a deed or subject to specific statutory formalities, additional execution requirements (including witnessing) may apply.
Meeting and Telephone Recordings
Where appropriate, we may record meetings or telephone calls for the purpose of preparing an accurate record of discussions, advice or instructions. Recordings may be transcribed using approved technology tools, including artificial intelligence-assisted transcription services.
We may retain a transcript where appropriate or use it solely to prepare an attendance note or other file record. Unless there is a specific reason to retain them, recordings and any temporary transcripts will normally be deleted once they are no longer required for that purpose.
Any recordings, transcripts or attendance notes will be treated as confidential and handled in accordance with our professional obligations, our data retention policies and applicable data protection legislation.
Use of Technology and Artificial Intelligence
We may use technology tools, including systems incorporating artificial intelligence or machine learning, to assist with tasks such as legal research, document review, drafting support, contract analysis, transcription, preparation of attendance notes, information management and administrative processes. Such tools are used solely to support the delivery of our services and are subject to appropriate confidentiality, security and supervisory safeguards.
Where artificial intelligence or machine learning tools are used, responsibility for the legal services provided to you remains with us. All legal advice, legal analysis and substantive work product relied upon in providing those services will be reviewed and approved by an appropriately qualified lawyer.
Client Money
Money held on your behalf will be held in one or more client accounts in accordance with the Solicitors Regulation Authority Accounts Rules.
We will pay a fair sum of interest on client money held on your behalf where it is fair and reasonable to do so, having regard to the amount of money held, the length of time for which it is held and the interest rates available.
The amount of interest paid to you may differ from the interest earned on the client account because client money is usually held in a pooled account and interest is calculated in accordance with our Interest Policy.
We will normally hold client money in our general client account unless we agree with you that it is appropriate to place the funds in a separate designated client account.
We will not normally pay interest where the amount calculated would be £100 or less, as the administrative cost of calculating and accounting for such interest would exceed or be disproportionate to the amount payable. Interest will also not normally be paid where client money is held for only a short period.
Interest rates payable on client accounts are determined by our bank and may change from time to time. The rate of interest payable on client money may therefore be lower than rates available on other types of account.
If a bank applies negative interest or charges in respect of client money held for you, we reserve the right to pass on such charges to you to the extent permitted by the Solicitors Regulation Authority Accounts Rules.
At the conclusion of a matter, if we hold money on your behalf we may return it to you by electronic transfer to a bank account notified by you or, where appropriate, apply it to any outstanding invoice or transfer it to another open matter on which we are acting for you.
If, after taking reasonable steps, we are unable to return a small residual balance to you, we may deal with that balance in accordance with the Solicitors Regulation Authority Accounts Rules.
Documents and File Storage
We may store documents electronically and destroy physical copies once they have been scanned, unless the documents are originals of legal significance such as wills or deeds.
We normally retain files for at least six years after the matter concludes, unless regulatory obligations require longer retention.
After that period, we may destroy files without further notice unless arrangements have been made for their return or storage.
Original deeds and wills will normally be returned to you or stored separately.
At your request, and subject to our legal, regulatory and professional obligations, we will make available to you documents and information to which you are entitled. We may provide copies in paper or electronic form, as we consider appropriate.
We reserve the right to charge our reasonable costs incurred in dealing with any request for copies of documents or file materials. Such charges may include the reasonable cost of identifying, reviewing, preparing, copying, scanning, redacting and delivering documents together with any reasonable administrative expenses and professional time reasonably incurred in dealing with the request.
We may require payment of such charges in advance before releasing documents or file materials.
Before releasing any documents or information, we may require satisfactory evidence of the identity and authority of the person requesting them. Where we use electronic identity verification services, we may charge the applicable cost of those checks.
Any request for documents or information will be dealt with in accordance with our legal and regulatory obligations, including our obligations relating to confidentiality, legal professional privilege, data protection and the ownership of documents.
Lien
We have a general and particular lien over your papers, documents and other property coming into our possession for any money owed to us for fees or expenses.
This means that we may retain such papers or property until our outstanding invoices have been paid in full, subject to our professional and regulatory obligations.
Intellectual Property
We retain copyright and intellectual property rights in documents and materials prepared by us.
You may use those materials only for the purposes for which they were created unless otherwise agreed in writing.
Insurance
We maintain professional indemnity insurance in accordance with Solicitors Regulation Authority requirements.
Our current level of cover is £3 million.
Limitation of Liability
Your contract is with Cotterhill Hitchman LLP only. No partner, member, consultant or employee of the firm has any personal liability to you for work carried out on your behalf.
Our maximum aggregate liability to you arising from or in connection with the same matter (including claims brought by persons deriving rights from you) shall not exceed £3 million or the minimum level of professional indemnity insurance required by the Solicitors Regulation Authority (whichever is higher), whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, unless a different limit is agreed in writing. This limit reflects the level of professional indemnity insurance maintained by the firm.
All claims arising from the same act or omission, or from a series of related acts or omissions, or from the same act or omission in a series of related matters or transactions, or from similar acts or omissions in a series of related matters or transactions, shall be treated as a single claim for the purposes of this limit and the liability limit above applies in aggregate to all such claims.
Where your loss results from the acts or omissions of more than one party, our liability shall be limited to the proportion of the loss fairly attributable to us.
Where you instruct us in the course of business (and therefore not as a consumer), we shall not be liable for:
- loss of profit
- loss of business
- loss of opportunity
- loss of goodwill
- indirect or consequential loss.
Nothing in these terms limits liability for death or personal injury caused by negligence or for fraud.
We consider this limitation to be reasonable having regard to the nature of the work undertaken, the level of professional indemnity insurance maintained by the firm and the availability and cost of additional insurance cover. If you consider the limit to be insufficient for your purposes you should discuss this with us at the outset of the matter.
The provisions of this clause may be relied upon and enforced by our partners, members, consultants and employees under the Contracts (Rights of Third Parties) Act 1999.
Concerns and Complaints
If you consider that an error may have occurred or that there is a concern regarding the services we have provided, you should notify us in writing as soon as reasonably practicable so that we can investigate the matter and where appropriate, take steps to address the issue.
If you are dissatisfied with our service or with a bill we have issued, please raise the matter with the person handling your case.
If the matter cannot be resolved, you may contact our complaints partner.
If we cannot resolve the issue within eight weeks you may refer the matter to the Legal Ombudsman. The Ombudsman usually requires complaints within:
- six months of our final response; and
- one year from the act or omission or from when the complainant should reasonably have known there was cause for complaint.
Ending Our Relationship
You may terminate our instructions at any time in writing.
We may cease acting for you at any time if there is good reason to do so. Examples of circumstances in which we may cease acting include (but are not limited to):
- failure to pay our invoices or provide money on account when requested;
- a conflict of interest arising;
- our professional or regulatory obligations requiring us to stop acting;
- loss of trust and confidence between us;
- continuing to act would be unlawful or inappropriate; or
- your insolvency, bankruptcy or incapacity.
Where circumstances permit, we will give reasonable notice before ceasing to act.
You remain responsible for fees incurred before termination.
We may retain papers until fees are paid.
Events Outside Our Control
Neither party shall be responsible for any delay in performing or failure to perform obligations where that delay or failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, failure of telecommunications systems, power failures, cyber incidents, or court or government disruption.
Governing Law
These terms are governed by the law of England and Wales and the courts of England and Wales have jurisdiction over any dispute.
Availability of These Terms
The current version of these Terms of Business is available on our website. A copy will also be provided to you on request.