Thank you for choosing Osbourne Pinner Limited.
It is important to us that you understand and agree how we will work for you. This leaflet sets out the standard of service that you can expect from us and the terms of our work. Please keep it for future reference. These terms apply unless we vary them in writing or they are varied by changes in the law or the regulation of solicitors. Your continuing instructions will amount to your acceptance of our terms and conditions of business.
Our commitment to you:
Put your interest first when we represent you.
Ascertain your objectives and try to ensure your expectations are realistic. Explain things clearly in plain English to ensure your understanding.
Agree with you the work that we will do.
Keep you regularly informed of progress and send you copies of key documents. Keep your business confidential and refuse to act for others if that could compromise your confidentiality.
Explain all cost issues and financial risks to you and provide you with regular updates.
Advise you on any circumstances and risks of which we are aware or consider to be reasonably foreseeable that could affect the outcome of your matter.
Advise you of any relevant changes in the law.
Deal with your enquiries as promptly as possible. Be polite and considerate in our dealings with you.
Treat you fairly, and not discriminate against you because of your race, religions,
age, sexual orientation or disability.
What we ask you to do:
Provide us with clear, timely and accurate instructions. Provide all documents that we require of you. Safeguard any documents likely to be required.
Attend all scheduled appointments on time. Notify us of any change in your contact details.
Respond to any of our queries or requests in a prompt manner. Pay our fees promptly.
Contact and communication
You are welcome to contact us by letter, e-mail, fax & telephone. Our normal office hours are: 9:30am – 5:30pm Monday – Friday. We have an answering service and messages can be left or emails sent to us outside those hours. For your convenience, where necessary, appointments can be arranged at other times.
We will aim to communicate with you in the most effective way and by such reasonable method as agreed between us. If we agree to use e-mail, we will take precautions to ensure it is virus free, although this cannot be guaranteed. Any digital information that you provide to us will be subject to virus checks and there may be instances where we may not allow certain documents or digital files into our environment although we would seek to resolve any difficulties that may arise. Unless you withdraw consent, we may communicate with yourself and others when appropriate by email or fax but we cannot be responsible for the security of correspondence and documents sent by email or fax. Under the Telecommunications (Lawful Business Practices) (Interception of Communications) Regulation 2000 we reserve the right to monitor e-mail correspondence between you and any mail recipient at our firm.
The Data Protection Act requires us to advise you that your particulars are held on our database. We may, from time to time, use these details to send you information, which we think, might be of interest to you.
Your lawyer will tell you their qualifications and expertise and will carry out most of the work for you, with some assistance from others. We will only change your lawyer if it is unavoidable and we will tell you promptly of any change. All work is carried out under the strict supervision of Kanchan Gooransingh who is a Solicitor and Principal of the firm.
As a general rule very rarely will a person be seen if he/she attends our office without an appointment. Please ensure that you make an appointment before attending our offices as it will not only avoid disappointment if the solicitor is unavailable or not in the office, or no interpreter is present, but it will also save you from having to wait whilst those clients with appointments are being dealt with. We also appreciate you arriving on time for all appointments.
Fees & Expenses
We believe our fees should be easy to understand. We will check whether your legal costs may be payable by anyone else, such as an insurer. Costs can vary according to the complexity of a matter and at the outset we will attempt to give you our best estimate of likely costs. We aim to update you regularly about our estimated costs. To assist you in keeping track of costs and expenses, we may issue interim bills for costs already incurred and may ask you for payments on account of future costs. All interim bills will be credited against the final account at the end of the matter. We usually calculate our fees on the basis of the time it takes to perform the work during normal office hours. All initial meetings to discuss a new matter are chargeable unless we specifically inform you otherwise. The applicable hourly rate for your matter will be agreed with you and confirmed in writing. We will notify you in writing of any change in rates that may affect you.
We charge for our work in units of 6 minutes and includes meetings, working on documents, making and receiving telephone calls (including leaving and returning messages), writing and receiving letters, faxes and emails, travelling, waiting and representation. We only charge for necessary travel by the most appropriate means. Travel and waiting time are charged at two thirds of our advised hourly rate.
We may agree a fixed fee where appropriate and may be in relation to a specific piece of work that we do for you. If so, we will advise you in writing. Any work that falls outside the remit of the “fixed fee” will be charged at the hourly rate.
We are a niche Private Client firm and as such we do not provide “Legal Aid” assistance but will inform you if you are likely to be eligible for public funding and will signpost you to appropriate providers.
Disbursements and other expenses
Please note that in addition to our fees you will be responsible and will be charged for any disbursements and expenses incurred or to be incurred on your behalf during the conduct of your matter. Examples of disbursements and expenses include: Application fees, Court fees, expert’s reports, expert’s attending trial, and barristers’ fees are known as disbursements’ and have to be paid by you in addition to the fees we have agreed with you either at fixed fee or hourly rate. We will inform you as best as we can, what the likely disbursements and expenses will be. Please note that it is impossible to be exact as we are unable to foresee any complexity that may arise in your matter.
If it is necessary for us to instruct an expert or barrister on your behalf, we will inform you about the costs involved and will ask you to pay these fees on account of costs before the expert or barrister is instructed to do the work for you. In relation to barristers’ fees, we may also in certain circumstances, assign the collection of the fee to the barrister.
If you wish to set an upper limit on the costs the firm may incur on your matter, please confirm this to us in writing. We will then contact you when this limit is being approached to discuss the issue of cost further.
If you are unsuccessful in a dispute, you may be liable for all or some of your opponent’s costs. Even if you are successful, you will not usually be able to recover all of your costs from your opponent because of the way the courts assess costs and you may remain liable to pay all of our costs. If an opponent is being publicly funded, or your matter is being dealt with by the employment tribunals or small claims procedure, you may not be able to recover any costs, even if you are successful. You have been informed that regardless of the outcome of the case, you remain liable to pay all of our costs, disbursements & expenses incurred on your matter. In some cases, a client may be entitled to payment of costs by another party. You should appreciate that in such circumstances, the other party may not be required to pay all the charges and disbursements which you incur with us. You must pay our charges and disbursements in the first place and any amounts which can be recovered from the other party will be a contribution.
Payments on account
There may be circumstances in which we will expect you to make payment to us on account of our fees and any expenses that are to be incurred in connection with our work. We will tell you in advance if this is the case.
Any money that you pay to us on account will be held in our client account at Lloyds Bank Plc and unless agreed to the contrary you will be entitled to interest on it. We will offset that money on account, and any interest which accrues on it, against your bills, although our total fees and expenses may be greater than any advance payments.
Interest paid by us
If we hold clients’ money in our client account, we will pay interest in accordance with the SAR. Subject to minimum amounts and periods, interest is payable at the same rate as would be paid by a bank. If the interest exceeds £20 the full amount of interest will be paid to you. We will not pay interest if it does not exceed £20 as the administrative costs exceed the sum payable.
If you decide to instruct alternative solicitors or deal with matters yourself, we are entitled to retain your papers until all fees and disbursements are paid. We will also need your written authority to transfer the file.
We are not able to carry out legally aided work.
Money Laundering Legislation
For the protection of all of our clients and in accordance with Money Laundering Legislation we operate a money laundering procedure. In certain circumstances information will be revealed to us by the appropriate authorities in relation to any suspicion of money laundering. We will need to gather a lot of information from you at the beginning of the Claim about you and your instructions. If this changes significantly during the Claim, they may raise suspicion of money laundering leading us to report your transaction to the authorities which will cause delay. Please supply (and keep us supplied) with information requested particularly about the source of any funds to be used in the Claim and let us know as soon as any circumstances change.
Osbourne Pinner is a VAT Registered. Please note our Firm’s VAT Registration Number is 374 890 161
Company Registration Number: 130 78996
In some cases, the firm may be able to offer you a Fixed Fee. At the beginning of your retainer, we will confirm in writing the scope of the retainer and the work covered within your Fixed Fee.
If you instruct us to do additional work, or work which falls outside of your fixed fee, we will inform you whether we can offer you a separate Fixed Fee for this additional work or whether it will be chargeable at your solicitor’s hourly rate + VAT. We will, of course, discuss the options with you before commencing work.
In relation to Fixed Fee cases, it is the firm’s policy is to take full payment prior to commencing work. Upon payment, we will issue you a receipt of payment and a letter of engagement. It is important to note that fees are non-refundable once we have commenced work.
You are primarily liable for your costs. If your costs are being paid by a third party, such as a friend or family member, you still remain primarily liable to the firm for those fees.
We require our bills to be normally payable in full upon receipt within 14 days of the date of the invoice. We may charge interest on overdue bills at the County Court judgment debt rate (currently 8% per annum) until payment or at the rate under the Late Payment of Commercial Debts (Interest) Act 1998 if not paid according to our agreed credit terms.
If any bills remain unpaid for 30 days, we may stop acting for you in your current matter and decline future instructions from you. We may also require immediate payment for any outstanding work and withdraw instructions from anyone we may have instructed on your behalf. If a bill remains unpaid whilst we represent you in court or tribunal proceedings, we may remove ourselves from the record as acting for you and then you will be responsible for the future conduct of your own case.
Please note that we are unable to accept cash payments over £500. Unless we ask you to, please do not deposit cash directly with our bank as we are then required to undertake additional checks to verify the source and these checks will incur extra charges. If we require a payment on account to cover costs and disbursements, please note that in the normal course of events, cheques are cleared 6 working days after banking. Please be aware that we are unable to incur disbursements on your behalf until monies have cleared the banking system. Any delay on your part to ensure that we have access to cleared funds may delay the progress of your matter.
Identity and disclosure requirements
Solicitors are now required to comply with detailed anti-money laundering laws and face serious penalties if they fail to do so. This is because solicitors dealing with money and property on behalf of their clients can be used by criminals wanting to launder money Therefore, in most situations, we need to obtain satisfactory evidence of the identity of our clients and sometimes people related to them before we begin working for you. It is necessary for this firm to verify your identity and you may be required to attend our offices to produce for inspection your passport or driving license and a recent utility bill for it to be copied and kept on file. if you are unable to attend the office it may be acceptable for a copy of your passport or driving license to be taken by another solicitor or other suitable person, who has certified it as being a true copy of the original. We are entitled to refuse to act for you if you fail to supply appropriate proof of identity for yourself or for any principal you may represent.
The Proceeds of Crime Act 2002 imposes requirements on Solicitors to report to the National Organised Crime Agency any transaction which they believe involves financial wrong doing. By accepting these Terms and Conditions of Business you acknowledge that we, as your solicitors, are required to report any transaction which we believe may involve Money Laundering or dealing with the proceeds of Criminal conduct, which includes tax evasion and social security fraud. As a matter of policy, we will not accept money from or send money to third parties on your behalf.
We will not be liable for any loss, damage or delay arising out of the firm’s compliance with any statutory or regulatory requirement.
Working with other professionals
When we engage or recommend other professionals on your behalf (such as other lawyers, financial advisors, accountants, barristers, experts, etc.) whether in the UK or abroad, we do so based only on our experience of them and cannot be held responsible for any act or omission in the work they do for you, unless we agree otherwise in writing. If you ask us to introduce other professional consultants to you, any advice given by them will be their responsibility directly to you and not ours.
We are committed to quality and as such, occasionally some of our files may be audited by external examiners to ensure we meet our quality requirements and standards we work to. As we are regulated our files may also be subject to inspection by our regulatory body and our financial auditors and accountants. This will be subject to rules of strict confidentiality and privacy. Unless you tell us otherwise, we shall assume you have no objection. You may object at any time and refusing consent will not affect our work for you. We ask for this to be confirmed in writing. We will not submit files for external audit where there is particularly sensitive material.
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.
Applicable law and regulations
The engagement of this firm shall be governed by and interpreted in accordance with English law and both you and we submit to the exclusive jurisdiction of the English courts to resolve any disputes. Osbourne Pinner is a Sole Proprietor law firm and is authorised and regulated by the Solicitors Regulation Authority and is subject to the SRA Code of Conduct which can be viewed in English at www.sra.org.uk/solicitors/handbook/code. The role of the SRA is to ensure that solicitors provide their clients with a good quality service.
Firm’s COLP & COFA Duties:
Osbourne Pinner’s Principal Solicitor is fully responsible for COLP and COFA duties. The roles of Principal Solicitor as a Firm’s Compliance Officers for Legal Practice (COLPs) and for Finance and Administration (COFAs) are an integral part of firm’s move to outcomes-focused regulation and aim that firms will take responsibility for managing risks to their delivery of legal services. The COLP and COFA should be champions of risk management and compliance within a firm, and will have responsibility for the firm’s systems and controls. Firm’s Principal Solicitor Kanchan Gooransingh is responsible for ensuring processes are in place to enable the firm, its managers and employees and anyone who has any interest in the firm to comply with Handbook requirements on them.
We use the information you provide primarily for the provision of legal services to you and for related purposes including:
Updating and enhancing client records Analysis to help us manage our Practice
Statutory returns Legal and regulatory Compliance.
Our use of that information is subject to your instructions, the Data Protection Act 1987 and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access under data protection legislation to the personal data that we hold about you.
We may from time to time send you information that we think might be of interest to you. If you do not wish to receive that information, please notify our office in writing.
As a controller of personal data, we are under an obligation to comply with data protection law set out in the Data Protection Act 1998 and any other regulations made under that Act. By giving us your personal information, you consent to us processing and storing your information so that we may provide you with legal services and generally administer and take care of our relationship with you. We may disclose your information to our third-party service providers or agents for these purposes.
In addition, we may contact you from time to time to let you know about our services which may include sending you newsletters and news on training events or changes in the law which may affect you. Please remember that you can elect not to receive such marketing material at any time by writing to our Marketing Manager or to the lawyer responsible for your work.
We can send you our full data protection policy on request.
We will use the personal information you provide to us including any sensitive personal information for the purposes of providing legal advice to you and for acting on your behalf, for administration and marketing purposes. If you provide us with the information you agree that we may contact you by post, telephone, facsimile and/or email.
We may keep your information for a reasonable period to contact you about our services in the future. If you do not want us to do this you can opt out at any time by letting us know in writing.
By retaining us to act you agree that if required we may from time to time provide your data to a third party for the purpose of tracing your whereabouts to recover and/or return any fees due. This may include searching on credit reference databases.
Data Protection Act 1998
In order to help you, we need to store information about you. We must get consent from you for this. All your information will be treated confidentially. We may need to speak to other people in order to help you and for that we need to ask for your consent. I give my consent to Osbourne Pinner recording personal information on myself and to correspond on my behalf with any relevant third party. I confirm that I have:
- been given contact details of your Data Protection Manager
- I understand my rights under data protection policy
- I consent to my data being used ONLY for the following purposes.
- To progress my legal matter
- since without my agreement you cannot act for me
- To keep my file during your data retention period on the understanding that it is confidentially destroyed afterwards
- If applicable: I give my consent to Osbourne Pinner process the sensitive
- data you will need from me to deal with my legal matter (knowing this might
- include personal details about me like
➢ racial or ethnic origin,
➢ political opinions,
➢ religious or philosophical beliefs,
➢ or trade union membership, genetic data,
➢ biometric data
➢ data concerning health or data concerning a natural person’s sex
➢ life or sexual orientation.
Stopping my consent:
I understand that I can cancel this consent at any time by signing and returning the Stopping my Consent Form supplied to me or by contacting the Data Protection Manager. I am aware that I will be asked to provide ID if I want to withdraw my Consent so that you can be sure that request is valid. If I stop my consent, I accept this will not invalidate the data processing you have done up to that point. If I stop my consent you will not be able to progress any of the remaining legal work set out above.
OUR COMMITMENT TO YOUR PRIVACY
Your trust is important to us so we want you to know we’ve updated our Privacy Notice to explain how we collect, store and handle your personal data.
Why we collect your data
We want to give you the best possible experience with Osbourne Pinner. For example, the data we hold about you helps us personalise our recommendations for legal services.
How we collect your data
We do this in a number of ways, including where you share information with us. Such as when you give your instructions to us. We treat it with the utmost care and take appropriate steps to protect it.
When we’ll share your data
We’ll only share your data with third parties to help us provide a better service for you. For example, giving your information to Barristers, Tribunals, Courts, Country Experts, and other legal organisation.
Know your rights
You have many rights regarding your personal data. These include seeing what data we hold and updating your information.
There’s nothing you need to do right now, but if you’d like to find out more, do take a
look at our Privacy Notice or visit our website at any time. Also please see attached our
Terms & Conditions.
An estimate of the timescale will be confirmed in writing where possible. It will depend on the nature of each case whether an accurate timescale can be given. Legal work is often complex, contentious and uncertain, or progress is depending upon the actions of others. This may mean that estimates can only be given on a step-by-step basis and may need to be reviewed as progress is made.
If we are required to give an undertaking on your behalf, we will not give such undertaking without your prior approval, unless it is part of usual business. If we are required to undertake to make a payment on your behalf, we will normally require that the relevant amount, or a reasonable estimate of that sum is paid to us before we give the undertaking, as that undertaking cannot be withdrawn.
Professional Indemnity Insurance
In accordance with the Solicitors Regulation Authority rules, we hold a professional indemnity insurance policy subject to the limit of GBP £2,000,000 each and every claim plus defence cost. We have arranged our insurance cover with Zurich Insurance. Our Policy Number is 8011851. This insurance complies with the Solicitors’ Indemnity Insurance Rules.
General Data Protection Regulations
All personal data will be held safely and securely in accordance with the provisions of GDPR. We use the information you provide primarily for the provision al legal services to you and for related purposes including: –
- Updating and enhancing client records;
- Analysis to help us to manage our practice;
- Statutory returns; and
- Legal and regulatory compliance.
Our use of that information is subject to your instructions, the GDPR and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as expert witnesses and other processional advisers. You have the right of access under GDPR legislation to the personal data we hold for you. The Data Protection Manager is Ms. Kanchan Gooransing who can be contacted on email@example.com
Equality and Diversity
We are committed to ensuring equality of opportunity and fairness in all areas of employment and to valuing the diversity of our colleagues, clients and people living within our local communities. Our commitment lies at the heart of our promise to provide outstanding client service by maintaining the highest standards of professional excellence. We are committed to recruiting, training and promoting the best person for
the job and encouraging all our colleagues to reach their full potential, regardless of age, gender, marital status, race or ethnicity, nationality, disability, religion or religious or
other beliefs, sexual orientation, social or educational background or family or care responsibilities.
We are also determined to create a working environment which supports our vision and Values and which is free from any form of discrimination, harassment or bullying and within which all individuals are treated with respect, fairness and courtesy.
We do not accept cash deposits greater than £500.
The law requires solicitors to get satisfactory evidence of the identity of their clients and sometimes people related to them. This is because solicitors who deal with money and property on behalf of their client can be used by criminals wanting to launder money. To comply with the law, we need to get evidence of your identity as soon as
possible. We would be grateful if you would please supply ORIGINAL evidence of
identity and address by forwarding ONE of the documents from list A or TWO from list B, we will photocopy these for you and return them soon after. If you cannot provide us
with the specific identification requested, please contact us as soon as possible to discuss other ways to verify your identity.
A valid full passport. A valid H M Forces identity card with the signatory’s photograph. A
valid UK photo card driving license.
Receipted utility bill less than 6 months old. Council Tax bill less than 6 months old. Mortgage statement for the last year. Cheque guarantee card, credit card.
Council rent book showing rent paid for the last 6 months.
If we decide to stop acting for you, for example because you do not pay an interim bill or comply with a request for a payment on account, we will tell you the reason and give you notice in writing. The firm has right to withdraw their representation if any circumstances which the firm feels below:
The threat or risk of violence, injury or other danger. The discovery or creation of a conflict of interest. You are requesting us to break the law or any professional negligence. In relationship to the trust and confidence between solicitor and client. Failure to pay to us any amount due. You are failure to give us adequate instructions. Our reasonable belief that continuing to represent you may cause damage to the professional or personal reputations of our firm. Any other breach by you.
If you have not provided us with face-to-face instruction, under the Consumer protection (Distance Selling) Regulations 2000, for some non-business instructions, you may have the right to withdraw, without charge, within 7 working days of the date on which you asked us to act for you. However, if we start work with your consent within that period, you lose that right to withdraw. Your acceptance of these terms and conditions of business will amount to such a consent. If you seek to withdraw instructions, you should give notice by telephone, email or letter to the person named as being responsible for your work. The Regulations require us to inform you that the work involved is likely to take more than 30 days. Please also note that by signing the letter you also agree to the time for the firm to complete your work being extended beyond the 30 days envisaged by the above Regulations. The firm also keep a right to terminate their services if any of the below arise:
- the threat or risk of violence, injury or other danger to their firm or their team member
- your failure to give us adequate instructions;
- creation of a Conflict of Interest
- your requesting us to break the law or any professional requirement; or
- the relationship of trust and confidence necessary between solicitor and client
- ceasing to exist between us; or your failure to pay to us any amount due, or money on account requested;
- our reasonable belief that our continuing to represent you may cause damage to the professional or personal reputation of our firm or any of its personnel; or
- any other breach by you of these terms.
We aim to meet the expectations of our clients, however, if we fall short, we will work together with our clients to resolve any concerns clients may have. They can immediately raise their concerns with the person who is currently allocated with their matter. If this fails to resolve your concerns to your satisfactory then please contact the firm’s director Kanchan Gooransingh.
Under the Solicitor Regulation Authority Rules, we are committed to providing high quality legal advice and client care. If you are unhappy with any aspect of the service you have received or about your bill, we would ask you to initially discuss this with the fee earner with conduct of your matter.
If your concerns cannot be resolved we ask that you put your concerns in writing and it will be dealt with as a formal complaint. In accordance with our internal complaint’s procedure, your complaint will be acknowledged and we will look into your concern promptly, fairly and effectively and will try to resolve the problem quickly. Please ask for a copy of this procedure if you would like further details.
Kanchan Gooransingh, who is the Principal of the firm will review the matter and provide you with an initial or substantive response normally within 21 working days. She may consider it appropriate to instruct an external reviewer to assist in the review but it will be subject to strict rules of confidentiality and you will be informed if this happens.
Please, contact Kanchan Gooransingh Principal Solicitor, Osbourne Pinner at the below addresses.
CITY OFFICE LOCATION
48 Warwick Street, Piccadilly Circus
London, W1B 5NL
Fax: 020 7183 2462
HARROW OFFICE LOCATION
79 College Road,
Harrow, HA1 1BD
Phone: 0203 983 5080
Fax: 020 7183 2462
She will provide you with a copy of our complaints policy.
Should you remain dissatisfied with our handling of the complaint, or about the firm’s bill, you can ask the Legal Ombudsman to consider it further. Before you make a complaint to the Legal Ombudsman, it is a requirement that you have raised your complaint with us first and we have 8 weeks to deal with your complaint. If you are not satisfied with our handling of your complaint after the 8 weeks has expired you can ask the Legal Ombudsman to consider the complaint. The time limit to bring a complaint to the Legal Ombudsman is 6 months of receiving a final written response from us about your complaint or within six years of the act or omission about which you are complaining occurring (or if outside of this period, within three years of when you should reasonably have been aware of it).
Their contact details are: Legal Ombudsman
Address: PO Box 6806, Wolverhampton, WV1 9WJ
Telephone: 0300 555 0333
As part of the firm’s complaints handling procedures, we are obliged to inform you that you are entitled to complain about your bill; there may also be right to object to the bill by making a complaint to the Legal Ombudsman and/or by applying to the court for an assessment of the bill under Part lll of the Solicitors’ Act 1974; and if all or part of the bill remains unpaid the firm may be entitled to charge interest. If you have already applied to the Court for assessment of your bill, please be aware that the Legal Ombudsman cannot then consider it.
Please note that generally only individuals and small businesses fall within the Legal Ombudsman scheme rules.
Alternative complaints bodies such as ProMediate and Small Claims Mediation exist which are competent to deal with complaints about legal services should both you and our firm wish to use such a scheme.
However, at this time we consider the Legal Ombudsman the most appropriate complaint body and we do not agree to use schemes operated by the alternative complaint’s bodies.
We value you as a client and we want you to be pleased with our work. We welcome feedback from you at any time on the quality of our work and in addition at the close of the matter we will conduct a survey to encourage you to give us information on your experience.