HOURS OF OPENING
Our normal hours of opening are between 9.00am and 5.00pm on weekdays. Messages can be left on the office answerphone outside those hours and appointments can be arranged at other times when this is essential.
PEOPLE RESPONSIBLE FOR YOUR WORK
We will let you know who is responsible for your work in the letter that accompanies these terms and conditions, together with their hourly rate. These hourly rates are reviewed periodically and we will inform you of any increase. Normally the rates are reviewed with effect from 1 September each year. If a review is carried out before this matter has been concluded, we will inform you of any variation of the rate before it takes effect. We will add VAT to these at the rate that applies when the work is done. We will try to avoid changing the people who handle your work but if this cannot be avoided, we will tell you promptly of any change and why it may be necessary.
CHARGES AND EXPENSES
Our charges will be calculated mainly by reference to the time actually spent by the person responsible for your work and other staff in respect of any work which they do on your behalf. This will include attendances with you and others, attending Court if appropriate, reading and working on papers, correspondence, preparation of documents, and time spent travelling away from the office when this is necessary.
Routine letters and emails sent are each charged as 6 minute units of time. We also charge for the time spent on making and taking telephone calls in 6 minute units, and considering incoming letters and emails at units of 6 minutes per page.
In addition to the time spent, we may take into account a number of factors including 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 when 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 may have to pay out various other expenses on your behalf such as Land or Probate Registry fees, court fees, experts’ fees and so on. We have no obligation to make such payments unless you have provided us with the funds for that purpose. VAT is payable on certain expenses. We refer to such payments generally as “disbursements”. If, for any reason, this matter does not proceed to completion, we will be entitled to charge you for work done and expenses incurred.
We offer a range of property services encompassing, freehold and leasehold sales and purchases, re-mortgages, transfers of equity, lease extensions and all manner of property transactions. We handle cases locally and throughout the UK including in London and on the Cornwall and Devon coastal areas. We also have a specialist team dealing with New-Build purchases. Every client has differing needs in terms of time-scale and other circumstances and every transaction is different to the last. For these reasons, we cannot give any meaningful information on costs on a generic basis.
What we can say is this:-
- Our minimum fee for a simple, cash purchase with no mortgage on a freehold property with no complications whatsoever up to a price of £100,000.00, is £575.00 plus vat. In addition to these fees a buyer will need to pay for searches (usually in the region of £320.00), Land Registry Fees, Stamp Duty Land Tax, Electronic identification checks in compliance with anti-money laundering due diligence and bank transfer charges. All of these may vary depending on the circumstances of the matter.
- On a simple sale, with the same set of criteria and at the same price, our minimum fee would be the same at £575.00 plus vat and disbursements.
- Leasehold transactions, being by definition more complicated start at a cost level of £825.00 plus vat and disbursements, whether for a sale or purchase.
- Depending on the exact nature of the matter being dealt with, legal fees can of course rise from the above starting points and, in some cases, can be several thousand pounds.
- All of our clients receive, at the very outset of the matter, as soon as we are aware of the details of what services we are being asked to provide, a full and detailed estimate as to the total costs involved. Only once you as the client have signed to agree those costs and instruct us to proceed are you committed to them. We operate a policy of complete transparency on fees.
- Sometimes circumstances arise during a transaction which need to be dealt with but are not anticipated as part of a standard conveyancing matter. Whilst this situation is rare, in such as case we will advise you as the client of the problem as soon as it becomes apparent and confirm any additional costs which may be involved. Again, only once you agree, do we then proceed to incur those costs.
Best advice therefore is to do as almost all of our clients do as a matter of course – contact us, by e-mail or telephone or via this website, with details of your transaction and we will provide the full estimate as above. You can then make an informed decision to instruct us or otherwise at your choice.
Our Private Client Department covers a range of services including (but not meant to be exhaustive) Lifetime Tax Planning, Wills, Lasting Powers of Attorney & Administration of Estates.
Provision of information on costs is not an exact science and will depend on a variety of factors including time scale, dependency upon outside agencies and above all each individual clients’ requirements.
- A simple straightforward will, involving no form of tax or care fee planning will cost £250.00 plus VAT for a single person and £450.00 plus VAT for a couple wishing to have mirror image wills. Those who require lifetime tax planning, care fee planning and our involvement with 3rd parties (accountants and IFAs) will generally be charged on an hourly basis with an approximate guide of the length of the time we believe the matter will take.
- Lasting Powers of Attorney for either Property & Finances or Health and Welfare, whereby you are appointing one or more people to make decisions on your behalf during your lifetime, and where we are acting as Certificate Provider range from £750.00 plus VAT upwards. There is a fee payable to the Office of the Public Guardian currently of £82.00 per document.
- The costs involved in the Administration of an Estate will depend upon the nature, extent and terms of the Will or intestacy. Generally these are based upon an hourly rate plus VAT and can be several thousand pounds. However, once the details of the estate are known a full and detailed estimate of fees will be given. Disbursements are fees which we pay to a third party on your behalf. In Probate matters these will generally be HMCTS (Probate Registry fees), Inland Revenue (Tax), Will search fees (upon an Intestacy), Trustee Act Notice fees (in the London Gazette and Local Newspaper), Surveyors and Stockbrokers fees.
Only once you as the client have received this written information and have signed a duplicate copy of our Client Care Letter to agree those costs and instructed us to proceed are you then committed.
Further, as a matter continues we are required to provide you with regular updates regarding costs and if unforeseen circumstances and matters arise which need to be dealt with we will advise you as the client of the issue and confirm any additional costs.
Finally, we are happy to discuss costs with you, whether that be by telephone, email or via this website, to enable you to make a decision as to whether you wish to instruct us or not.
Employment Tribunals: Range of Costs
Our fees for employment work are specific to each case. We always provide a full and comprehensive estimate of costs and disbursements before commencing any work. If there is a need to amend estimates at any stage of a case, we will provide full details and reasons for such amendment so that you can approve any additional costs before they are incurred.
Fees in the majority of employment cases are calculated on an hourly rate, currently £200 plus VAT and the work will be conducted by a solicitor of the firm.
Our fee estimate for bringing independent claims for unfair or wrongful dismissal, are in the region of the following:
Simple Case: £8000 to £12,000 (excluding VAT)
Medium Complexity Case: £12,000 to £16,000 (excluding VAT)
High Complexity Case: £16,000 to £20,000 (excluding VAT)
Factors that could make a case more complex:
- If it is necessary to make or defend applications to amend claims;
- Defending claims that are brought by litigants in person;
- Making or defending a costs application;
- Complex preliminary issues such as whether the Claimant is disabled
- The number of witnesses and documents;
- If it is an automatic unfair dismissal claim eg. if you are dismissed after blowing the whistle on your employer;
- Allegations of discrimination which are linked to the dismissal.
There will be an additional charge for attending a Tribunal hearing of currently £200 per hour (excluding VAT) per day (excluding VAT). Generally, we would allow between two to five days for a Tribunal hearing.
You may have other funding options available such as legal expense insurance under a policy. We will check with you at the outset whether or not you are likely to have such cover.
Disbursements are costs related to your matter that are payable to third parties, such as Court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. Counsel’s (barristers) fees are likely to be estimated between £750 to £1250 per day (depending on experience of the advocate) for attending a Tribunal hearing (including preparation).
The fees set out above cover all the work in relation to the following stages of a claim:-
- Taking your initial instructions, reviewing the papers and advising you on the merits and likely compensation
- Entering into pre-claim conciliation where mandatory to explore whether a settlement can be reached
- Preparing the claim or response
- Reviewing and advising on claim or response
- Exploring settlement and negotiating settlement
- Preparing or considering Schedule of Loss
- Preparing for (and attending) a Preliminary Hearing
- Exchanging documents and agreeing a Bundle of Documents
- Taking Witness Statements, drafting Statements and agreeing their content
- Preparing Bundle of Documents
- Reviewing and advising on the other party’s Witness Statements
- Agreeing a list of issues, a chronology and/or cast list
- Preparation and attendance at Final Hearing, including instructions to Counsel
If some of the stages above are not required the fee will be reduced. You may wish to handle the claim yourself and only instruct us on an ad hoc basis.
In summary, we operate a policy of complete transparency on fees.
How long will my matter take?
The time that it takes from taking your initial instructions to the final resolution will depend on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation (via ACAS) your case is likely to take between one and four weeks. If your claim proceeds to a final hearing your case is likely to take between one and fifty two weeks. We will be able to provide you with a more accurate timescale as the matter progresses.
Property transactions We will normally send you our bill following exchange of contracts, and payment is required on a purchase prior to completion. On a sale, payment is required at completion. If sufficient funds are available on completion, and we have sent you a bill, we will deduct our charges and expenses from the funds. We expressly reserve the right not to complete the transaction in the event that we do not receive settlement of our account in cleared funds on or before the date set for completion.
Administration of estates We will normally submit and interim bill at regular stages during the administration, starting with the obtaining of a Grant. The final account will be prepared when the Estate Accounts are ready for approval.
Other cases or transactions It is our normal practice to ask clients to pay sums of money from time to time on account of the charges and expenses which are expected in the following weeks or months. We find that this helps clients to budget for costs, as well as keeping them informed of the legal expenses which are being incurred. If such requests are not met with prompt payment, delay in the progress of your case may result. If any bill or request for payment is not met, we reserve the right to stop acting for you further. If you have legal expenses insurance you must inform us at the outset, as this may affect the costs that you can recover even if you are successful.
Payment is due to us within 14 days of our sending you a bill. If payment is not made within 14 days, interest will be charged at the rate of 8% on the whole or any part of an outstanding bill. If you decide to end our working relationship, we are entitled to claim a solicitors’ lien over deeds, documents, monies and other items held for you until our bills are paid in full. Payments by cheque received from you will be banked into Cleggs client account promptly.
OTHER PARTIES’ CHARGES AND EXPENSES
In some cases and transactions, you may be entitled to payment of your costs by some other person. It is important that you understand that, in such circumstances, the other person may not be required to pay all of 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 a Public Funding Certificate (“legal aid”), no costs are likely to be recovered.
If you are successful in your claim and a court orders another person to pay some or all of your charges and expenses, interest can usually be claimed on them from the other party from the date of the court order. You are responsible for paying our charges and expenses of seeking to recover any award (including costs) that the court orders another person to pay you.
If you are unsuccessful in a claim, you may be ordered to pay the other person’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.
Please by aware that particularly in the current circumstances of low interest rates and the requirement to have access to client funds on demand, we currently do not pay interest on funds held in our client account. This policy is subject to review.
STORAGE OF PAPERS AND DOCUMENTS
After completing the work, we are entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. In addition, we will keep your file of papers for you in storage for not less than 1 year. After that, storage is on the clear understanding we have the right to destroy it after such period as we consider reasonable or to make a charge for storage if we ask you to collect your papers and you fail to do so. We will not of course destroy any documents such as Wills, Deeds, and other securities, which you ask us to hold in safe custody. Our current charge for storage of deeds and other documents is £75 plus VAT per year.
If we retrieve papers or documents from storage in relation to continuing or new instructions to act for you, 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.
You may terminate your instructions to us in writing at any time but we will be entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. 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.
If we decide to stop acting for you, for example if you do not pay an interim bill or comply with the request for a payment on account, we will give you notice in writing.
When accepting instructions to act on behalf of a limited company, we require at least one Director to confirm that the company agrees to our acting under these terms and conditions. Please note that in these circumstances these terms and conditions will constitute a personal guarantee on behalf of that director of payment of the charges and expenses of this firm. If the Company does not pay our bills when they fall due (for instance in the event of insolvency or reconstruction) we reserve the right to call on that director to discharge our bills personally.
COMMUNICATION AND DATA PROTECTION
We aim to communicate with you by any method that you request. If you wish us to, we will communicate when appropriate by email or fax, but we cannot be responsible for the security of correspondence and documents sent by email or fax nor can we guarantee that emails sent you will be virus-free. We can communicate by secure encrypted email if you wish (and in some cases we are required to do so in order to ensure data security); please let us know if you wish us to do so, or require further information.
The General Data Protection Regulation requires us to advise you that your particulars are held on our database and we will deal with that information in accordance with the obligations imposed on us by that Regulation. A Privacy Notice as required by that Regulation is attached.. In addition we may be required, in certain circumstances, to pass your personal information to third parties (such as NHBC or HMRC) in order that they may contact you directly following the completion of our work for you. Please let us know if you do not wish us to do so.
MONEY LAUNDERING REGULATIONS
To enable us to comply with the latest regulations on money laundering, we cannot accept any payments from you in cash and we must have proof of your identity from the outset of the matter. We will write to you separately with further details of the information we are required to obtain.
Solicitors are under professional and legal obligations to keep the affairs of their clients confidential and to act with reasonable speed. These obligations, however, are subject to a statutory exception: the legislation on money laundering and terrorist financing has placed solicitors under a legal duty in certain circumstances to disclose information to the National Crime Agency and then not to proceed until the Agency’s consent is given or deemed to have been given. Where a solicitor knows or suspects or has grounds to suspect that a transaction on behalf of a client involves money laundering or related conduct, the solicitor may be required to make a money laundering disclosure and not to proceed further without the Agency’s consent.
If, while 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 of the reasons for it or why matters are not proceeding in the manner or with the speed that you expect. This is because the law prohibits ‘tipping-off’. Where the law permits us to do, we will tell you about any potential money laundering problem and explain what action we may need to take. We expressly exclude any liability howsoever arising for any loss damage or delay that you or anyone else may suffer caused in whole or in part as a result of any disclosure we are required to make or by the action or inaction of any government agency following or in relation to such disclosure.
This firm is not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by The Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fsa.gov.uk/register.
Sometimes the work we may do for you may involve investments. We are not authorised by the Financial Conduct Authority and so may refer you to someone who is authorised to provide any necessary advice. However, we can provide certain limited services in relation to investments, provided they are closely linked with the legal services we are providing to you, as we are regulated by the Solicitors Regulation Authority.
Our aim is to offer all our clients an efficient and effective service at all times. We hope that you will be pleased with the work we do for you. However, should there be any aspect of our service with which you are unhappy, please raise your concern in the first place with the person dealing with your matter. Your complaint may include a complaint about this firm’s charges.
We will try to resolve any problem quickly and operate an internal complaints handling system to help us to resolve the problem between ourselves. If you still have queries or concerns, please contact Mark Williams, our Client Care Officer. A copy of our complaints procedure is available on request.
If after 8 weeks we have been unable to resolve your concern you are entitled to complain to the Legal Ombudsman; you should do so as soon as the 8 week period referred to has expired and normally within 6 months of your last contact with us. The Legal Ombudsman can be contacted by telephone on 300 555 0333 or by email at firstname.lastname@example.org, or by post at PO Box 6806, Wolverhampton WV1 9WJ. Please note that this service is not available if you are a charity with an annual income of more than €2M, or an enterprise with more than 10 staff and an annual income of more than €2M.
Your complaint may include a complaint about this firm’s charges. You have a right to object to the bill and to apply for an assessment of the bill under part III of the Solicitors Act 1974.
THE LEXCEL QUALITY STANDARD
We hold the Lexcel Quality Standard of the Law Society, and, as a result, we are subject to periodic checks by external assessors. This could mean that your file is selected for such assessment and for this we need to have your consent to the inspection. All inspections are completely confidential but if you wish to withhold consent work on your file will be unaffected. Very few of our Clients object in practice and therefore your consent will be assumed unless you notify us to the contrary. We will also assume that consent on this occasion will extend to any future matters that we conduct on your behalf. Please inform us as soon as possible if you wish to withhold consent.
TERMS AND CONDITIONS OF BUSINESS
Unless otherwise agreed, and subject to the application of current hourly rates, these terms and Conditions of Business shall apply to any future instructions given by you to this firm.
Your continuing instructions in this matter will amount to an acceptance of these Terms and Conditions of Business. However it may not be possible for us to start work on your behalf until acknowledgement of your agreement to them has been returned to us.
In the case of corporate clients, these terms and conditions will also be deemed to bind the directors of the company and will be enforceable against them as separate collateral contracts.
GDPR PRIVACY NOTICE
Identity and contact details of the controller and the data protection officer; Lisa Wainwright is Cleggs’ data controller and data protection officer; she may be contacted at our offices at Apex Court Ruddington Lane Nottingham NG11 7DD, by telephone 0115 977 5830 and by email at LisaW@cleggssolicitors.com.
Purpose of the processing and the legal basis for the processing; we process data for the following reasons; in order to conduct business on behalf and on the instructions of our Clients; in the course of the employment of our staff; and for marketing and advertising purposes. The legal basis of the processing is pursuant to our terms and conditions of business, to comply with the legal obligations of the firm, and in order to promote, administer and facilitate the business of the firm.
The legitimate interests of the controller or third party, where applicable; The commercial interests of the firm.
Categories of personal data; identification data; financial and business data; medical data.
Any recipient or categories of recipients of the personal data ;members of the firm acting on your instructions, any third parties who may be instructed by this firm, and lawful recipients of the data in consequence of this firm’s instructions.
Details of transfers to third country and safeguards ; no transfers to third countries take place.
Retention period or criteria used to determine the retention period; the firm follows the recommendations of the Law Society.
The existence of each of data subject’s rights; you have the right to request a copy of the information that we hold about you. For more information, on how your information is used, how we maintain the security of your information, and your rights to access information we hold on you, please email or write to the data controller at the address above. We may make a small charge for this service.
The right to withdraw consent at any time, where relevant; you may withdraw consent at any time by informing the data controller by email or write to the address above.
The right to lodge a complaint with a supervisory authority; you may lodge a complaint with the Solicitors Regulation Authority, The Cube, 199 Wharfside Street, Birmingham B1 1RN
The source the personal data originates from and whether it came from publicly accessible sources; the personal data may be supplied by you, from third parties (such as your GP or hospital in the case of medical records), banks and other third parties associated with you, or parties involved in matters in which we are instructed. The personal data is not derived from publicly accessible sources
Whether the provision of personal data part of a statutory or contractual requirement or obligation and possible consequences of failing to provide the personal data; we will not disclose any information to other any organisation unless required to do so by law or to fulfil our contractual obligations to you pursuant to our terms and conditions of business. If you fail to provide the data we may not be able to undertake your instructions.
The existence of automated decision making, including profiling and information about how decisions are made, the significance and the consequences; the firm does not use automated decision making.
Cleggs Diversity information from Spring 2021 is available on here Diversity Data Spring 2021