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Fees, Terms & Conditions
When we accept you as a client, we will ask you to sign a copy of our terms and conditions agreement. This agreement is set out below. Should you wish to print off a copy for reference, you may find it easier to download the agreement as a Word document.
:: Charging rates
Our financial year runs from 1 April to 31 March. In the current financial year, in the absence of alternative agreement, the writer's hourly rate is £160.00. No mark-up will be applied to this rate. The rate will be reviewed annually, with any changes taking effect on 1 April. We will advise you in advance of any changes. We are committed to keeping our rates at a highly competitive level.
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:: Method of charging
We aim to be fair and open in relation to our charges, which will be based on the time spent by those persons working on the matter. This will be recorded contemporaneously and details will be provided together with each invoice we submit to you. We will only charge for travelling time to the extent that we do so during normal business hours (i.e. 8 am - 6 pm); otherwise no charge will be made.
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:: Disbursements & expenses
In addition to our time charges, we will invoice you for all disbursements (which are costs incurred by us on your behalf), including barristers’, experts’, foreign lawyers’, courier and taxi fees and any photocopying which is undertaken externally. Disbursements incurred in a currency other than Sterling will be invoiced at the exchange rate applicable on the date of our invoice to you or, if earlier, the date of payment of the disbursement by ourselves.
We will also invoice you for certain expenses of the firm, namely (a) communication costs (in respect of facsimile, e-mail and telephone services) outside the UK and (b) any photocopying of significant volume. Communication charges will be invoiced at cost and photocopying will be invoiced at 10 pence per page. Communications within the UK and routine photocopying will be borne by us.
We will invoice at cost for all travelling expenses incurred in relation to matters being handled on your behalf.
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:: Invoicing
We will invoice you at the end of each calendar month. Value Added Tax will be added at the relevant rate (this is currently 20.00%) if applicable. For non-UK clients within the European Union, VAT is chargeable at a zero rate if you provide us with your VAT registration number. We look forward to receiving this as soon as possible. This firm's VAT Number is 776 2100 39
Together with our invoice, we will provide you with a breakdown of all time spent by each person working on your matter and the nature of the work undertaken on your behalf. Our invoice will itemise any disbursements and expenses.
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:: Payment of invoices
Our invoices are payable within 30 days of presentation. We reserve the right to charge interest at the statutory rate (presently 8% per annum) thereafter.
You will be responsible for payment of our fees and expenses, even if we agree to invoice a third party, or you are insured, or another person agrees to pay your costs, or another party is ordered by the Court (or an arbitration tribunal) to pay your costs.
Payment of our invoices may be made in any freely negotiable currency provided that, upon receipt, at the then prevailing exchange rates, there is no shortfall. It will be your responsibility to settle any such shortfall. Any balance after exchange in excess of our invoice will be held on the firm’s client account towards further costs, unless you request us to remit such balance to you.
You are responsible for all bank charges and other deductions associated with remittance by telegraphic transfer.
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:: Payments on account
Payment to us on account will be held on an interest bearing client account.
Our bank account details for payment are as follows:
Barclays Bank plc
Hatton Cross Branch
West London Group
210 High Street Hounslow
Middlesex TW3 1DL
Sort code :: 20-38-83
For the credit of the Raymond Clarke & Co
Sterling office account number :: 90650013
We reserve the right to request payment(s) from you at any time on account of our fees and expenses in this matter. You agree to make such payment(s) promptly.
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:: Estimate of costs
As soon as practicable, we will provide you with an estimate of the costs you are likely to incur in this matter. Thereafter, we will provide an estimate of our charges at any time upon request. You may place a limit on the amount of fees and/or expenses, which may be incurred without your prior approval.
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:: Costs risks
If you are successful in any litigation or arbitration, the other party will normally be ordered to pay the costs you have incurred in relation to the issues on which you have succeeded. This will not usually provide you with a full indemnity in respect of your costs. As a general rule, it will probably mean that you will recover about two thirds of those costs, provided the other party is able to pay, leaving you to bear the balance. Such costs will only be recoverable after the conclusion of the case.
If you are unsuccessful in any litigation or arbitration or in disputing any particular issues, you will normally be ordered to pay the other party’s costs, in addition to your own costs.
In Court proceedings, you will, in addition, be entitled to the costs you incur in respect of any interlocutory hearing which the Judge determines should be borne by the other party or parties. Likewise, you may be ordered to pay costs of this kind to the other party or parties. Such “interlocutory costs” will be assessed by the Judge and will be payable to you (or by you) within 14 days of the date of the order.
Further, you will not be ordered to pay, or be able to recover (whatever the outcome of the dispute), any costs that are disproportionate to the amount at stake, complexity of the issues, importance of the case and financial position of each party.
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:: Information & documentation
The Courts or the arbitration tribunal (as the case may be) will require, and expect, us to be able to present your case expeditiously, whether you are the claimant or the defendant. You will be required to provide information (certifying or verifying the truth of the same) and to disclose documentation as part of the process in resolving the dispute.
We will provide you with a Case Questionnaire to complete as soon as possible, which will enable us to advise you fully of what steps will need to be taken by you in this matter at the outset.
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:: Storage of papers & documents
After the conclusion of the matter or termination of our engagement, we are entitled to keep all your papers and documents while there is any sum due to us in respect of our charges. We will keep our file of papers (except any papers you request us to return to you) on the understanding that we have your authority to destroy the same 6 years after the final invoice we send to you in relation to this matter.
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:: Confidentiality
We will treat all matters being handled on your behalf in the strictest confidence. We will correspond with you by facsimile and/or e-mail, in addition to using postal and courier services. If you object to facsimile or e-mail communication for any reason, please let us know at the outset to avoid any problems.
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:: Complaints procedure
We operate a complaints procedure. If you have any cause for concern or complaint, please contact Raymond Clarke in the first instance.
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:: Termination
You may terminate our engagement at any time by notice in writing to us. We may, upon reasonable notice in writing, cease acting on your behalf only for good reason, for example, if you do not pay an invoice or comply with our request for a payment on account in respect of our charges. In the event of termination by you or us, you will be responsible for payment of our charges for work undertaken, together with disbursements and expenses incurred, up to the date of termination.
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:: Governing law
These terms will be governed by and construed in accordance with English Law. The English Courts will have exclusive jurisdiction in respect of any dispute arising out of or in connection with our engagement.
If the terms of this letter meet with your approval, please print off a hard copy, sign and date the Terms in the place provided below and return the letter to this office by post and/or by fax as confirmation that you would like us to proceed. Please do not hesitate to contact us if you have any queries in relation to the same.
We look forward to working with you.
Raymond Clarke
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