Legal Statements

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Your Case

We will act for you in relation to your family law issues and such other matters as may be agreed between us. Generally, we will not give advice on any conveyancing, tax, trust or financial steps that are required to put an order into effect; please, therefore, ensure that you secure the services of an appropriate accountant/lawyer/expert in good time if required. (We can discuss this with you and put you in touch with suitable advisers).

Whilst you will be involved in the major decisions about progressing matters, economy or circumstances may require our taking action on a day to day basis without consulting you over the details of a particular step. We will use all reasonable care to ensure that you are given the control over the progress of your case that you need and that you are given the information on which to base your decisions.

We may not take every step on your behalf ourselves: we will instruct experts, local agents or barristers etc. where your interests require this.

Charging Rates

Our charges are based primarily on the time taken by us in any matter. We will charge at higher rates in exceptional circumstances; for example, if we were instructed to take emergency action including, but not limited to, over a weekend or in the evening or in matters of particular complexity. We will inform you whether a higher rate applies before we begin to act and before we bill you. All of our bills are final for the period they cover and cannot retrospectively be altered or increased.

All time spent (including time spent on the telephone, reading letters and emails received from you or third parties, dictating notes or travelling) is recorded and charged at an hourly rate. This hourly rate is reviewed periodically, usually annually. In the event we are unable to agree any review of our charging rates with you we reserve the right to terminate our retainer (i.e. our contract with you).

Payments on Account

Where ongoing work is required, we seek deposit of a float, intended to cover ongoing costs of work. Requests for payments on account are not bills and cannot be subject to assessment by the court.

The amount of the float will vary depending on the work that is likely to be required. We will usually ask for at least £3,500. Additional sums may be sought, as the progress in the case dictates, to the intent that the company holds at all stages funds to cover the costs of the work that it is undertaking on your behalf.

Whenever we are instructed in relation to a court hearing we will ask for a sufficient sum on account to cover the charges that are likely to be incurred, including disbursements such as Counsel’s fees. We will need the on account payment in advance to enable us to prepare. For any final or substantive hearing we will typically request payment three months prior to the hearing.

Any payment on account is placed in the company’s general client account and credited to a ledger account in your own name. It is treated as an advance payment not as a final bill for the period that it covers. It will be credited against the last account we render to you (but only when details have been sent to you) or used to meet substantial expenses (see below). Once the payment on account has been utilised against an outstanding invoice and provided ongoing work is being undertaken we will ask for a further payment on account. The arrangement does not affect your entitlement to challenge any bill (see “Bills of Costs” and “Your Rights” below).

Funds will not be placed in a separate designated client account unless we are specifically instructed to do so. Interest will be paid on monies held in accordance in line with the SRA Accounts Rules and our Interest Policy. A copy of which can be found in the Legal Statements section of our website.

Bills of Costs

During the course of the matter, whenever it may be appropriate to do so but usually on a monthly basis, we will render a bill of costs which we shall require you to treat as a separate self-contained bill covering the period to that date. We shall expect payment of a bill upon delivery.

These bills are known as “interim statute bills”. They are final for the period they cover and cannot be amended by us once delivered. You have the right to ask the court to assess our bills. This is a process known as detailed assessment where the court will consider our fees in detail and allow only costs which are reasonably incurred and reasonable in amount. You should be aware that the timescales for challenging a bill via an assessment are strict and begin from the date that we deliver the interim statute bill to you. You should not therefore wait until the end of your matter to challenge any bill. The timescales begin when each individual bill is delivered.

The timescales are set out within the Solicitors Act 1974 at s.70. You have an absolute right to have an assessment of a bill if you apply to the court within 28 days of delivery. You may still be able to have a bill assessed thereafter but your rights diminish with time and you lose the right to assessment completely twelve months after payment of a bill. If you would like any further information as to these timescales please contact us.

We reserve the right to deliver separate interim statute bills for profit costs and disbursements. These bills are still interim statute bills and are final self-contained bills for the period they cover. The timescales set out above apply to such bills.

In the event that a bill is not fully paid within 30 days we shall charge interest on the outstanding balance at 8% a year from the date of delivery of the bill until payment is received by us.

Where there are costs outstanding at conclusion (but, for example, funding will be provided from the settlement sum) FLIP reserves the right to provide for payment to it directly as part of the agreement reached.

If you have a query about a bill you should raise this with us as soon as possible and in any event within 28 days. If we agree to investigate the query (or you make a complaint) you may ask us to extend the timescales for assessment by consent until the complaint or query is dealt with (so that we would agree to an assessment even if you were beyond the time limit as set out within the solicitors Act). We have an absolute discretion to agree an extension of the timescales or to reject any request. If we agree an extension, it will mean that you will not lose your absolute right to an assessment while we are considering any issues raised as to the bill.

Termination of our Retainer

We may terminate this retainer for good reason on reasonable notice. The circumstances to which good reason apply are numerous but some (non-exhaustive) examples are: where there is a breakdown in trust and confidence between us, where we cannot obtain instructions or where you ask us to work in a manner which is improper or unlawful or where you do not pay a reasonable request for a payment on account or where you do not pay an interim statue bill within 30 days of delivery.

If costs are outstanding and you cannot provide reasonable security then we are entitled to terminate the company’s “retainer” (our contract to act for you). In those circumstances, if proceedings are already issued, you will have to take such steps as are required to remove the company from the court record as acting for you and you will be responsible for the company’s reasonable costs in ensuring payment of outstanding fees and in ensuring that we are removed from the court record.

You may terminate the company’s retainer at any time by giving us reasonable notice. Where there are ongoing court proceedings you must also file at court and serve on all parties to the proceedings a notice of acting so that the company is no longer on the court record as acting for you. In these circumstances we will cease to act and will send you a bill for any unbilled time spent on your case. That bill and any prior outstanding bill must be settled before we will be able to release your file or case papers to you or to new solicitors.

Your Right to Cancel Off-Premises and Distance Contracts

These type of contracts are defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”). You should consult the Regulations to see if our contract with you (the retainer) is an off-premises or distance contract. Broadly, such contracts arise where we enter into a contract with you for the provision of legal services and the contract is concluded either in our physical presence but away from our usual business premises or where the contract is concluded in circumstances where you are not in our physical presence.

You have the right to cancel off-premises and distance contracts by giving notice in writing within 14 days of the contract being concluded (this will usually be the date on which you sign the terms of business or otherwise confirm to us that you agree to be bound by those terms). If you cancel this contract in writing within the cancellation period we will comply with our obligation under the Regulations to reimburse all payments received from you. However, you agree to us paying or incurring liability to pay sums to third parties in relation to this contract and you agree that if you cancel this contract we will not reimburse any sums which we have paid or incurred liability to pay to a third party with your authority.

We will begin the performance of our services before the expiration of the cancellation period if you so request expressly in writing (including by email) and by so doing you agree to us billing you for work done within the cancellation period. Your signature to a copy of this document will be such a request to begin the performance of our services before the expiration of the cancellation period, unless you tell us in writing (including by email) not to begin performance of our services.

Expenses

Inevitably various expenses (“disbursements”) have to be incurred, for instance if we have to instruct a barrister, accountants, valuers, enquiry agents or translators.

Whenever possible we shall obtain an estimate where disbursements are likely to be substantial or of an unusual nature. However, it may not always be possible to obtain your prior approval, in which case we shall act in accordance with your general instructions to us, and in your best interests.

Please note that some liabilities arise in advance of the work being carried out (for example part of a barrister’s fee may fall due for payment some weeks before the hearing even if the hearing subsequently does not take place).

Value Added Tax

To our charges and some of the disbursements there must, of course, be added Value Added Tax (VAT) unless they are exempt, for instance if you permanently reside outside the United Kingdom you may not be liable pay VAT.

Manner of Payment and Other Transactions

All monies received from you or on your behalf will be converted into sterling and held in an account designated for client monies.

All cheques are to be made payable to Family Law in Partnership Limited. We will provide details of our account for BACS payments and telegraphic transfers upon request. If you would prefer to make payments in any other way, please speak to us.

We are also able to accept payment by debit or credit cards.

Data Protection & Retention of Papers

Our use of your personal data is subject to your instructions, the UK General Data Protection Regulations (UK GDPR), other relevant UK and EU legislation and our professional duty of confidentiality. Please read our privacy statement that you can find on our website. (You can also request a copy be sent to you directly if you would prefer).

The main reason for asking you to provide your personal data is to allow us to carry out your requests and to be able to manage your instructions to the best of our ability.

We may also use your data for other legitimate business interests which might include:

• fraud prevention
• meeting our legal and regulatory duties
• providing legal updates that may be relevant to your case
• sending personal invitations to events
• network and IT systems security
• data analytics to enhance or improve our service

We will not sell or rent your information to third parties. Nor will we share your information with third parties for marketing purposes.

There may be occasions while carrying out your legal work where we need to disclose some information to third parties; for example:
• HM Land Registry
• Court or Tribunal
• Solicitors acting for the other side
• Instructing a Barrister or Counsel to represent you
• Instructing non legal experts
• External auditors or our regulators
• If there is an emergency and we think you or others are at risk

We make it a priority to protect your data whilst it is in our care. We have high standards of technology and operational security in order to protect personally identifiable data from loss, misuse, alteration or destruction.

Data Retention and Papers

Your personal data will be retained in both electronic and hard copy format only for as long as necessary to fulfil the purposes for which it was collected, or as required by the law, or as is set out in any relevant contract you may hold with us.

As a general principle we are obliged to hold a copy of your papers for a minimum of 6 years. However due to the nature of the services we provide as standard we retain papers for a minimum of 10 years and in some cases for longer. They are usually then destroyed confidentially. If you want your papers yourself then we would usually pass across those to which you are entitled upon settlement of copying costs.

Limitation of Liability

We would like to bring to your attention that we shall be limiting our liability to you to a total limit of £15,000,000.

Agreements with or Orders against Third Parties with Respect to Costs

It is possible that someone will agree to, or will be ordered to, pay part of your legal costs. For example, the other side might be ordered to do so or a friend or relative might agree to do so. However, it will be you who will remain personally liable to us for payment of our charges and disbursements as and when they become due. We are not able to postpone payment of our bill simply because it ought to be met by someone else or because of some hope, expectation or promise that the bill will be met by someone else.

Sometimes in litigation cases a losing party (for example your spouse or former partner) must pay the other side’s costs. If interest is payable to you under a costs order, it is a term of our agreement with you that interest recovered on costs and disbursements shall belong to us in relation to such of our costs as remain unpaid by you. At our discretion interest paid on disbursements may be paid to the person to whom the disbursement is payable (e.g. Counsel, experts etc).

In any event, if another party is ordered to pay your costs, the full amount will almost certainly not be recovered and you will be responsible for the difference. Costs payable by other parties are determined by the Court.

Even if you are successful in your application to the Court, there is no guarantee the Court will make a costs order in your favour, particularly if the other party is legally aided. This is because legally aided clients are afforded additional protection against costs orders.

Orders for Costs made Against You

You must also bear in mind that the Court may make an order for costs against you, in which case you will have to pay, or contribute towards, the other party’s costs as well as pay your own. You will be able to ask the court to assess any costs that you are liable to pay but you may have to pay the costs of that process. We can advise you as to your options if an order for costs is made against you.

Resolution Code of Practice

All Solicitors at the company are members of the family law group Resolution. This is an organisation of family law solicitors and other professionals involved in the family justice system which aims to promote fair and conciliatory solutions to the issues arising at times of family change. Although the Code is prepared for solicitors, it is designed to benefit clients in the way the work is undertaken. We would hope to conform to the Code (whenever possible) in dealing with your case.

Your Rights

You have the right to request that bills are assessed by the court if you are concerned about the size of the bills. As set out above, the court will assess a bill where the application is made within 28 days of delivery and the right to assessment diminishes with time. Please contact us if you want further information about this.

We expect concerns about bills to be raised within 30 days after the bill (or the statement of the sum due) has been sent to you and it would be unusual for us to consider concerns raised long after the event, so it is important that you consider bills or statements when they are delivered to you.

Concerns with our service

We aim to provide a high quality service. Equally, we realise that no matter how carefully and ably a matter is handled, problems may occasionally arise. In that event, it is hoped that these can be resolved amicably and quickly with the company director dealing with or having overall control of your matter.

We also operate a complaints resolution procedure full detail of which can be found on our website at https://www.flip.co.uk/complaints/. In the first instance please contact David Allison, the company director dealing with complaints, for details. If for any reason we are unable to resolve the problem between us you may complain to the Legal Ombudsman: http://www.legalombudsman.org.uk/

Jurisdiction

This agreement is governed by and shall be construed in accordance with English law.

You irrevocably agree for the exclusive benefit of Family Law in Partnership Limited that the courts of England shall have jurisdiction to hear and determine any suit action or proceeding and to settle any dispute which may arise out of or in connection with this agreement and for such purposes irrevocably submits to the jurisdiction of such courts.

Nothing contained in this clause shall limit the right of Family Law in Partnership Limited to take proceedings against you in any other court of competent jurisdiction nor shall the taking of any such proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not (unless precluded by applicable law).

You irrevocably waive any objection which you may have now or in the future to the courts of England being nominated for the purpose of this clause on the ground of venue or otherwise and you agree not to claim that any such court is not a convenient or appropriate forum.

Solicitors Regulation Authority

We are regulated by the Solicitors Regulation Authority (“SRA”). You can find details of the regulations under which we operate by visiting the SRA web site at http://www.sra.org.uk/

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