Terms and Conditions

David Barney & Co Solicitors Will and Probate Department

Terms of Business


David Barney & Co Solicitors are hereafter referred to as the Firm.

Terms of Business

        1. General
          1. These terms contain important provisions that limit our liability to you to £2 million, unless otherwise agreed by us in writing.
          2. David Barney & Co Solicitors carries a compulsory layer of professional indemnity insurance in accordance with the Solicitors´ Indemnity Insurance Rules 2009. In accordance with the Provision of Services Regulations 2009 you are hereby informed that the contact details of the insurer and details of the territorial coverage of our insurance are available upon request or at our offices.
          3. These terms may not be varied unless agreed in writing and signed by a partner of the Firm. They should be read in conjunction with our engagement letter which sets out the basis on which we act for you. Together these form the agreement between us relating to each matter on which we advise you.
          4. These terms, including the limits on our liability, shall apply to all work done by us for you (and any work to be done in the future) unless we otherwise notify you in writing.
          5. We do not (unless otherwise agreed by us in writing) advise on the law of jurisdictions other than England & Wales (which for these purposes includes the law of the European Union as applied in England & Wales).
          6. If any term of this agreement is inconsistent with our legal obligations under the relevant laws then the relevant laws shall apply instead of those terms.
          7. We may in some cases consult credit reference agencies in order to assess your creditworthiness. If you are an individual, we require your consent before we do this. Your continuing instructions to us will constitute your consent to us carrying out such a search. Details of the credit agency we use are available on request. We have procedures designed to ensure that personal data is used only by appropriately authorised and trained personnel and to safeguard such information against accidental loss or unauthorised disclosure. We will keep that information strictly confidential unless otherwise required by law or court order.
          8. If now, or at any time in the future, any matter on which we act for you is the subject of formally contested proceedings, whether in the courts or other tribunals, you will almost certainly have to disclose documents, including electronic documents, relevant to the matter. You should ensure that you do not destroy or allow to be destroyed any documents that relate to such matter in any way (however slight you believe the connection may be), as your position in such proceedings could be seriously compromised if you do so.
        2. Copyright
          1. Unless we agree otherwise, all copyright which exists in the documents and other materials that we create whilst carrying out work for you will remain our property. You have the right to use such documents and materials for the purposes for which they are created, but not otherwise.
          2. Unless otherwise required by law or court order, you agree not to make our work, documents or materials available to third parties without our prior written permission. Our work is undertaken for your benefit alone and we are not responsible to third parties for any aspect of our professional services or work that you make available to them.
        3. Fees
            1. Our fees for this matter will be charged either on a fixed fee or on an hourly rate basis. Our engagement letter will inform you whether we are acting for you on a fixed fee or an hourly rate basis.
              1. Fixed Fee Services
                1. Where our engagement letter states that we are charging on a fixed fee basis, additional services may be provided on request and (unless otherwise agreed by us in writing) will be charged at our standard hourly rates as set out in this agreement plus expenses (if any) and VAT.
              2. Hourly Rate Services
                1. Where our engagement letter states that we are charging on an hourly basis, the hourly rate varies according to the experience and expertise of the person dealing with the matter. The rates which apply to each matter are set out in our engagement letter.
                2. The time spent on your matter for which you will be charged includes meetings with you and others, travelling, waiting, researching and considering, writing and receiving correspondence, making and receiving telephone calls, preparing and working on documents, and making file notes. The time spent on your matter is recorded as units of one tenth of an hour. Therefore, this is the minimum amount of time we will charge for any piece of work undertaken on your matter.
                3. The rates that apply to each matter are set out in our engagement letter
                4. On or around the 1st March each year, we review our hourly rates. We will notify you in writing of any increase.
                5. We will add VAT to our fees at the rate that applies when the work is done.
            2. All Services
              1. All expenses which we incur in working on your matter will be payable by you in addition to our fees. Examples of these expenses include Land Registry and Companies House fees, search fees, stamp duty (and similar taxes), fees charged by experts, agents, couriers and barristers, court fees, travel expenses and subsistence, faxes, international telephone calls, use of on-line databases and telegraphic transfer fees. In addition, we may also charge you for photocopying and other document production at a rate of 20p for each page and 75p for each colour page. VAT is payable on certain expenses, which you will need to pay in addition.
              2. We will usually submit bills monthly but may choose to submit bills at other intervals during the course of working on your matter. We may also submit a bill on or at any time after conclusion of the matter or at the end of this agreement. Our bills are payable when they are submitted to you. All bills, whenever they are submitted, will be for final bills for the period to which they relate but this does not prevent us from invoicing you for expenses for that period on a subsequent bill.
              3. We may also ask you at any time to pay money in advance of any fees and expenses being incurred by us (known as ‘payment on account´). If we ask you to make a payment on account, we will not be obliged to undertake any further work on your matter until you have made that payment (and if you do not make the payment we may cease acting for you).
              4. Where we decide to extend credit to you by carrying out urgent work on your case after the money you have paid on account has all been used, you agree to remain liable for our fees regardless of whether or not we give you advance notification that we are going to extend credit to you.
              5. It is your responsibility to tell us when first instructing us if you have any form of insurance cover (such as legal expenses insurance) that you think will pay our fees. You must also tell us when first instructing us if there is a third party who may pay our fees. If a third party agrees to pay all or part of our bills, you will remain responsible to us for payment until those bills have been paid in full.
              6. If we are advising more than one person (usually individuals, companies or other entities) we will, unless otherwise agreed by us in writing, act for those persons jointly and severally. If we are asked to deliver bills only to one person, those bills will nevertheless be payable in full by all other persons we act for under this agreement.
              7. If we do not receive prompt payment of any bill, then:
                1. We may charge you interest (on a daily basis) on the unpaid element of the bill at the rate payable on judgment debts (the current rate at the date of this agreement being 8% per year) from the date of the bill until payment, unless it is determined that you do not have to pay that element;
                2. We may refuse to undertake any further work for you (whether in respect of the matter to which the bill relates or any other matter on which we are acting for you) until that bill is paid and/or we may stop acting for you; and
                3. We may retain any papers or documents belonging to you, together with our own records.
              8. If you have any queries in respect of any element of a bill, you should still promptly pay all other elements of the bill.
              9. If you wish to make a complaint about one of our bills, you may do so by using the firm´s complaints procedure (copy available on request). You may also have a right to object to a bill by making a complaint to the Legal Ombudsman and/or applying to the court for an assessment of the bill as per part II of the Solicitors Act (1974). Please note that the Legal Ombudsman may not consider a complaint about the bill if you have applied to the Court to have it assessed. The Legal Ombudsman is contactable at the Office of the Legal Ombudsman, 3rd Floor, Sunlight House, Quay Street, Manchester. M3 3JZ. Telephone 0845 6010794. Email lso@olso.gis.gov.uk. Normally you would need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint.
              10. Where we hold money for you, whether because you have made a payment on account or we otherwise receive funds on your behalf, we may use this money toward payment of our bills. We will always advise you when this is being done. If we take any security for our fees, whether from you or any third party, this shall not affect any rights we have (or which we may have) to retain your papers.
        4. Payment of fees

We are happy to accept payments by cash or cheque. Payments can also be made electronically. Please ask for our details. Please ensure if using this method of payment that you quote your reference when making the payment to allow us to allocate the funds accurately.

      1. Storage of Documents and Deeds
        1. We retain all documents relating to your matter (other than any documents which are in your possession or returned to you) for at least six years from the conclusion of our involvement in the matter. You agree that we may destroy them after that time. We will not destroy documents you ask us to deposit in our deeds store or will safe.
        2. If you ask us to retrieve documents from storage there is a charge, which is normally £50 plus VAT for each matter, although we will not normally charge that fee if we retrieve documents to enable us to carry our further work for you. We will charge, however, for any work necessary to comply with instructions given by you in connection with retrieved documents. Unless otherwise agreed with you in writing, those charges will be at our hourly rates applicable at the relevant time and those charges will be applied on the same basis set out in clause 3.
      2. Termination
        1. You may end this agreement (and therefore, your instructions to us) at any time by writing to us but we will be entitled to keep all of your documents and deeds while there is money owing to us (including fees and expenses which have not yet been billed).
        2. We may end this agreement (and, therefore, cease acting for you) in relation to any matter or all matters of yours but only on reasonable written notice and for good reason. Examples of a good reason include where you have not given us sufficient instructions, where you have not provided appropriate evidence of identification or we reasonably believe that the relationship between you and us has broken down.
        3. If your matter does not conclude, or we are prevented from continuing to act because of our legal obligations or our professional rules, we will charge you for any work we have actually done. Our charges will be based on our hourly rates set out in this agreement (and where a fixed fee has been agreed, the charges will not exceed that fixed fee).
        4. If we cease acting for you, we shall (where relevant) inform the court or tribunal that we no longer act for you and shall apply to be removed from their records. We may charge you for doing so at our hourly rates applicable at the relevant time and those charges will be applied on the same basis set out in clause 3 and for any expenses which we incur on the same basis – also set out in clause 3.
        5. If you are an individual consumer (and not a business entity) and we have not met with you, the Consumer Protection (Distance Selling) Regulations 2000 and the Consumer Protection (Distance Selling) (Amendment) Regulations 2005 will apply to our agreement. By accepting these terms of business you agree that you would like our service to start before the end of the usual cancellation period and you agree that your cancellation rights shall end as soon as we commence work on your matter.
      3. Financial Services
        1. The Law Society of England and Wales is a designated professional body under Part XX of the Financial Services and Markets Act 2000 which means that we may carry on certain regulated activities without being regulated by the Financial Services Authority. This means that we may be able to provide limited financial services to you where such services arise out of, or are complementary to, the provision of legal services.
        2. The Law Society is the designated professional body for the purposes of the Financial Services and Markets Act 2000, but responsibility for regulation has been delegated to the Solicitors Regulation Authority (the independent regulatory body of the Law Society), and responsibility for handling complaints has been delegated to the Legal Complaints Service (the independent complaints-handling body of the Law Society).
        3. The limited regulated activities that we carry out are issuing certain insurance policies, such as buildings insurance for unoccupied property, defective title insurance and other property indemnity insurance (such as breach of covenant, absence of easement, lack of planning permission, unknown rights and covenants policies).
        4. We are not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we 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 Solicitors Regulation Authority. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk
        5. Any insurance policy arranged by us on your behalf, shall, in our opinion, be adequate to meet your needs, but you are hereby informed that we do not recommend any policy over and above any other and that it is your responsibility to check that you are satisfied with the excess levels, exclusions, limitations and other policy terms. We do not conduct a fair analysis of the insurance market prior to arranging insurance policies for our clients but you can request details of the insurance undertakings with which we conducts business at any time.
        6. You hereby agree to provide us with details of any relevant existing insurance policies you may have and you agree that we shall not be liable to you for any losses you sustain as a result of your failure to provide us with such details.
      4. Limitation of Liability
        1. You agree that the limitations on our liability as set out in this agreement are reasonable having regard to the nature of your instructions and the work involved and the availability and cost of professional indemnity insurance. We are, however, happy to consider options to increase these limitations, should you so require (which may result in an increase to our fees).
        2. The firm is covered by Professional Indemnity Insurance currently through AIG UK Limited, The AIG Building, 58 Fenchurch Street, London, EC3M 4AB. Information about the compulsory layer of professional indemnity insurance we carry, including the contact details of our insurers and the territorial coverage of our insurance, are available in hard copy at our offices.
        3. We will undertake the work relating to your matter with reasonable skill and care.
        4. We accept liability without limit for the consequences of fraud by us or any of employees which is effected in their capacity as employees and for any other liability which we are not permitted by law or rules of professional conduct to limit or exclude. If any part of this agreement which seeks to exclude, limit or restrict liability (including provisions limiting the amount we will be required to pay or limiting the time you have to bring a claim) is found by a court to be void or ineffective for any reason, the remaining provisions shall continue to be effective.
        5. We will not be liable under this agreement or laws of negligence for any deficiencies in the work we have undertaken if and to the extent that deficiencies are due to any false, misleading or incomplete information or documentation which has been provided to us (whether by you or any third party) or due to the acts or omissions of you or any third party. However, where any failure by us to identify any such false, misleading or incomplete information (or any failure by us to inform you that we have identified such information or any failure to act on your resulting instructions) constitutes negligence then we shall, subject to the other provisions of this agreement, remain liable for such failure.
        6. Despite anything else contained in this agreement, we are not under any obligation to act for you (or to continue to act for you) if to do so would breach any laws or professional rules. Therefore, we will not be responsible or liable to you for any loss which you or any other party may suffer as a result of our refusal to proceed with your matter where we would be in breach (or we reasonably believe that we would breach) of our legal obligations or our professional rules.
        7. Except as stated below, the total aggregate liability of David Barney & Co Solicitors to you under or in connection with this agreement (including any addition or variation to it), whether for breach of contract, negligence, breach of statutory duty, or otherwise, shall not exceed £3 million. Where we are instructed jointly by more than one party, the limit on our liability applies, in total, to all of you collectively (including anyone claiming through you or on your behalf).
        8. You agree that you will not bring any claims or proceedings in connection with this agreement against our employees personally, unless (and to the extent that) you are otherwise permitted to do so by law or our professional rules. Our employees may enforce this clause even though they are not parties to this agreement (but despite having such rights, this agreement may be varied or ended without their consent).
        9. Proceedings in respect of any claim against us must be commenced within three years after you first had (or ought reasonably to have had) both the knowledge for bringing an action for damages and the knowledge that you had the right to bring such an action and in any event no later than six years after any alleged breach of contract, negligence or other cause of action. This provision expressly overrides any statutory provision which would otherwise apply; it will not increase the time within which proceedings may be commenced and may reduce it.
        10. If we and any other party or parties are liable to you together in respect of the same claim, then we shall only be liable to pay you the portion which is found to be fair and reasonable having regard to the level of our default. Therefore, we shall not be liable to pay you the portion which is due to the fault of such party, even if you do not recover all or any money from such other party for any reason.
        11. If we are liable to you and any other party or parties would have been found liable to you together with us in respect of the same claim if either:
          1. You had also brought proceedings or made a claim against them; or
          2. We had brought proceedings or made a claim against them for a contribution towards our liability, then any sum due from us to you shall be reduced by the proportion for which such other party or parties would have been found liable had those proceedings been brought or those claims been made.
        12. Nothing in this agreement excludes or limits the liability of David Barney & Co Solicitors for:
          1. Death or personal injury caused by negligence;
          2. Fraud or fraudulent misrepresentation; or
          3. Any liability if and to the extent that it is not permissible in law for such liability to be limited or excluded.
      5. Client Money
        1. Unless otherwise agreed by us in writing, if we receive any sums to hold on your behalf (whether received directly from you or from a third party) then we may deposit such money into an account or accounts with any bank or financial institution (a “deposit provider” which expression shall include bank, financial institution or clearing house through which transfers are made) of our choosing. We confirm that we comply with any applicable laws and any applicable rules of a regulatory authority in respect of the making of any such deposits.
        2. We shall not be liable for any loss which you or any third party may suffer in connection with an Insolvency Event occurring in relation to any deposit provider with whom we have deposited funds or through whom transfers are made, save if and to the extent that any such loss was caused by or contributed to by any breach by us of clause 8(a).
        3. In these terms an “Insolvency Event” means:
          1. Any deposit provider is unable or admits inability to pay its debts as they fall due (or is deemed to be or declared to be unable to pay its debts under applicable law), suspends or threatens to suspend making payments on any of its debts or, by reason of actual or anticipated financial difficulties or commences negotiations with one or more of its creditors with a view to rescheduling any of its indebtedness;
          2. The value of the assets of any deposit provider is less than its liabilities (taking into account contingent or prospective liabilities);
          3. A moratorium is declared in respect of any indebtedness of any deposit provider;
          4. Any corporate or government action, legal proceedings or other procedure or steps taken in relation to:
            1. The suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any deposit provider;
            2. A composition, compromise, assignment or arrangement with any creditor of any deposit provider;
            3. The appointment of a liquidator, receiver, administrator, administrative receiver, compulsory manager or other similar officer in respect of any deposit provider or any of its assets; or
            4. Enforcement of any security interest (however so described) over any assets of any deposit provider; or
            5. The prevention or restriction (whether by way of freezing order or otherwise) of a deposit provider´s ability to dispose of, deal with or diminish the value of its assets or any of them;
          5. Any event analogous to those set out in clause 7(c) (iv) occurs in any jurisdiction in respect of any deposit provider.
        4. If an Insolvency Event occurs in relation to any deposit provider which holds money that we have deposited on your behalf, you agree that we may where applicable disclose to the Financial Services Compensation Scheme (“FSCS”) all relevant details in our possession about you and the money that we hold on your behalf with such a deposit provider. However, if you do not wish us to make any such disclosure, please notify us in writing addressed to our Data Protection Compliance Officer David Tough. Please note that by withholding consent to our disclosure of your details to the FSCS in such circumstances, you may forfeit any right you may have to receive compensation from the FSCS where an Insolvency Event occurs in relation to a deposit provider holding money which we have deposited on your behalf. Further information regarding the FSCS can be found at www.fscs.org.uk, telephone number 020 7892 7300.
      6. Confidentiality
        1. We keep information passed to us confidential and will not disclose it to third parties except as authorised by you or required by law. In certain circumstances the law requires us to disclose information relating to you (for example, payments of interest earned on a clients´ account may have to be disclosed under the EU Savings Directive). If on your authority we are working with other professional advisers, we will assume that we may disclose any relevant aspect of your affairs to them.
        2. During the course of the firm´s work it may be necessary to discuss your case with cost specialists, experts or counsel. Your acceptance of these Terms of Business amounts to your consent to us to disclose information which we consider necessary to progress your case.
        3. Where you provide us with fax or computer network addresses for sending material to, we will assume, unless you tell us otherwise, that your arrangements are sufficiently secure and confidential to protect your interests.
        4. The Internet is not secure and there are risks if you send sensitive information in this manner or you ask us to do so. Data we send by email is not routinely encrypted, so please tell us if you do not want us to use email as a form of communication with you.
        5. We will take reasonable steps to protect the integrity of our computer systems by screening for viruses on email sent or received. We expect you to do the same for your computer systems.
      7. Privacy and Data Protection
        1. We promise to respect the data we hold on you. Your acceptance of these terms authorises us to keep your details on our database for administration and accounting purposes, so that we can make credit searches and send you relevant information on our services and on events that may interest you. Your details will be processed and kept securely in accordance with the Data Protection Act 1998. We will not disclose the data to third parties except for the purposes mentioned in this agreement. If you have any questions or concerns about our use of your data, please contact the Data Protection Compliance Officer David Tough.
      8. STEP Membership & Quality Standard
        1. David Barney & Co Solicitors is in the process of seeking STEP Membership through accreditation of Tracy Hatswell, solicitor and head of department. STEP Membership is considered the Practice Management standard for administration of estate´s work within the profession and recognized by the Law Society of England & Wales. As a result of this the firm may become subject to periodic checks by approved Consultants and/or Assessors. This could mean that your file is selected for checking, in which case we would need your consent for the checking to occur. All such checks are conducted by individuals who have provided the firm with a Confidentiality Agreement.
        2. Your acceptance of these Terms of Business amounts to your consent to make your file available for checking. If you do not want us to make your file available for checking you must notify us immediately and we will mark your file accordingly. If you refuse to give us consent to conduct checks, your refusal will not affect the way your case is handled in any way. Please note however that the person with overall supervision of your matter is Mark Feely who is a Partner of this firm, and who will periodically review your file to ensure compliance with our internal policies and procedures.
        3. STEP Membership confirms that David Barney & Co Solicitors is committed to providing a good service to clients. Nevertheless, in the event of a problem you are hereby informed that you are entitled to complain and that you should do so by contacting our designated complaints handler David Tough. This could include a complaint about our bill and you may also have a right to object to our bill by making a complaint to the Legal Complaints Service and/or by applying to the court for an assessment of the bill under Part III of the Solicitors Act 1974 but you are hereby informed that if any part of the bill remains unpaid we may be entitled to charge interest. A copy of our Complaints Procedure is available upon request.
      9. Hours of Business
        1. Our office is open between 9.00am and 5.30pm, Monday to Friday excepting bank holidays. We do not provide an out of office or emergency service to clients. The person responsible for your matter may, at his or her absolute discretion, provide you with a mobile telephone number, and may endeavour to take your telephone calls outside of office hours, but nothing he or she says should be interpreted as an agreement to routinely deal with your matter or to take your telephone calls outside of office hours.
      10. Fair Collection Notice for Client Data
        1. All information that we hold concerning you as an individual will be held and processed by us strictly in accordance with the provisions of the Data Protection Act 1998. Such data will be used by us to provide you with legal services and for related purposes, such as to inform you about services and events. We will not, without your consent, supply your name and address to any third party except where:
          1. It is necessary as part of the legal services that we undertake: or
          2. We are required to do so by law or our professional rules.
        2. If you are an individual, you have a right under the Data Protection Act 1998 to obtain information from us, including a description of the data that we hold on you. Should you have any queries concerning this right, please contact our Data Protection Compliance Officer.
      11. E mail
        1. We may correspond with you by email unless you advise us in writing that you do not wish us to do so. You acknowledge that email may not be secure. Email will be treated as written correspondence and we are entitled to assume that the purported sender of an email is the actual sender and that any express or implied approval or authority referred to in an email has been validly given. You consent to us monitoring and reading any email correspondence travelling between you and any mail recipient at David Barney & Co Solicitors.
        2. We will aim to communicate with you by such method as you request. More often than not this will be in writing, but may be by telephone if it is appropriate. We may need to virus check disks or e-mails, but unless you withdraw consent we may communicate with others when appropriate by e-mail or fax but we cannot be responsible for the security of correspondence and documents sent by e-mail or fax.
      12. Rights of Third Parties
        1. Except as stated otherwise in clause 6(g), a person who is not a party to this agreement shall not be entitled to enforce any of its terms.
      13. Referrals
        1. Where your matter has been referred to us by a third party, other than another solicitor, we shall disclose this to you in our engagement letter and provide you with as much information as possible concerning any financial arrangement we may have with that third party and the amount of any referral fee we have paid to that third party.
        2. Any such financial arrangements shall not place any restrictions upon our ability to act independently and in your best interests, and we shall not pass any information about you to any such third party without your consent.
      14. Equality & Diversity
        1. We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.
        2. Please be aware that the offices are based on the first floor of the building with 2 flights of stairs. If this will cause a problem to you please bring this to the attention of the solicitor dealing with your matter or their secretary in order for us to discuss alternative arrangements.
      15. Applicable Law, etc.
        1. These terms and our engagement letter shall be governed by, and interpreted in accordance with English law. Any disputes or claims concerning this agreement and any matters arising from it shall be dealt with only by the courts of England and Wales.
        2. If we or you do not enforce our respective rights under this agreement at any time it will not prevent either of us or you from doing so later.

If any provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.

      1. Anti- Money Laundering Legislation
        1. Identification Requirements
          1. All solicitors are obliged to carry out customer due diligence (“CDD”) in accordance with the UK anti-money laundering and counter-terrorist financing regime. This includes us obtaining and keeping documentary evidence of the identity of all of our clients and to have an understanding of their financial status and normal business affairs.
          2. In the case of individuals (including as director/secretary of a company or members of a Limited Liability Partnership), we require to see and keep a photocopy of a passport or driving licence with photograph, or national ID card or similar document as evidence of your identity and a recent utility or council tax bill or similar type of document as additional evidence of your address. We normally need to see original documents and will discuss with you acceptable documents and methods of certification if the original is not available.
          3. For all companies we will carry out a search of Companies House (or similar registry in foreign jurisdictions) and may ask for further information.
          4. For non-listed companies and other organisations, we will also require the evidence for individuals for one or more directors/company secretary/shareholders/partners or other persons authorised to represent the organisation.
          5. For other legal entities we will inform you of the evidence required to confirm identity.
        2. Money Laundering Legislation
          1. We are in certain circumstance obliged under Money Laundering Regulations 2007, Proceeds of Crime Act 2002 (‘POCA´) as amended by the Serious Organised Crime and Police Act 2005 (‘SOCPA´) to make a report to the Serious Organised Crime Agency (‘SOCA´) where we are suspicious that any matter or transaction in which we are instructed involves the proceeds of criminal conduct. We may be prohibited by law from informing you or anyone else when such a report has been made, and it is possible that we may not be allowed to proceed with the transaction or matter concerned until SOCA gives us permission to do so. We may not be permitted to tell you anything about any of these circumstances should they occur.
          2. If any term or provision of these terms of business or our engagement letter is inconsistent with complying with our legal obligations under Anti-Money Laundering Legislation, our legal obligations will override the inconsistent term which shall be deemed modified accordingly.
          3. We will not accept any liability for any loss caused to you or any other party as a result of our refusal to proceed with a matter or transaction or otherwise complying with our legal obligations.
      2. Additional Disbursements that may be Incurred in Probate or Conveyancing Transactions
      Three day payment (BACS) for sending funds electronically £ 10.00
    • Telegraphic Transfer Fee for same day transfer of funds electronically £ 35.00
    • Flying Freehold Deed of Mutual Covenant £ 150.00
    • Deed of Trust £ 150.00
    • Arranging Indemnity Insurance – per policy £ 50.00
    • Issuing cheques to persons other than the named client £ 10.00
    • Notice of Assignment of Insurance Policy £ 10.00
    • General Power of Attorney Grant £ 100.00