FORTE LAW TERMS OF BUSINESS (OCTOBER 2010 EDITION)

FORTE LAW

TERMS OF BUSINESS

Contents

Application of these Terms About Forte Law Accessibility, equality and diversity Conduct of matter and communication Service Standards and responsibilities Storing your file Limitation of liability Professional Indemnity Insurance Identity checks and money laundering Fees Expenses VAT Fee estimates Interim bills Payment Conflicts Confidentiality and privacy Copyright Complaints Termination or cancellation of instructions Deletion of any terms found to be illegal or unenforceable Delay, failure to enforce or partial exercise of rights Governing law and jurisdiction

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Application of these terms

These terms apply to our relationship on this matter and on any

any other matter unless we agree otherwise.

About Forte Law

Forte Law is the trading name of Pamela Forte, a practising solicitor under the Solicitors Act 1974. Its principal place of business is The Cottage, Penmark, Vale of Glamorgan CF62 3BP and its VAT number is GB 909 1024 49.

Forte Law is regulated by the Solicitors Regulation Authority (under reference number 466875) and is subject to the Solicitors’ Code of Conduct 2007. This can be found at www.rules.sra.org.uk.

Accessibility, equality and diversity

Forte Law is committed to meeting the needs of all of its clients and promoting and maintaining equality and diversity in all aspects of its business. Please let me know if you would like a copy of my Equality and Diversity Policy. You can also view this on the Forte Law website at www.fortelaw.co.uk.

Forte Law can provide these terms, its Complaints Policy and Equality and Diversity Policy in large print format or on audio tape on request.

Conduct of matter and communication

I will be responsible for the conduct and supervision of your matter.

I usually communicate with clients by e-mail with occasional telephone calls and meetings.

Please be aware of the following issues in relation to the use of e-mail:

· e-mail is not fully secure and may be intercepted by third parties

· e-mail sent over the internet does not always reach the intended recipient

· I cannot guarantee that all e-mail sent by me will be free from viruses or other destructive elements although I will take reasonable precautions in this regard

If you do not wish me to use e-mail please let me know.

You can contact me at any time during my normal office hours which are 9am to 5:30pm on weekdays (excluding public holidays). Outside these hours or if I am temporarily unavailable, please send me an email or leave a telephone message and I will respond as soon as I can.

In the event of a planned absence (such as a holiday) I will inform you in good time so that we can discuss arrangements for the conduct of this matter during my absence. Any holiday absence would not usually exceed two weeks and it should be possible to schedule the work to be carried out for you to take account of such absence. If this is not possible, I will discuss with you alternative arrangements such as ensuring that you have my contact details or, if you agree, passing your matter to another suitably experienced lawyer to progress in my absence.

In the unlikely event of any unplanned absence which is likely to affect the progress of your matter I will contact you as soon as practicable to advise you of this so that we can make alternative arrangements for the efficient conduct of your matter.

Service standards and responsibilities

I will:

• review your matter regularly

• update you regularly by email or telephone on the progress of your matter
• explain to you by email or telephone the legal work required as your matter progresses
• unless we have agreed a fixed fee, update you on the cost of your matter on at least a monthly basis or once an agreed level of fees has been incurred

In order to progress your matter efficiently I will need you to provide me with clear, timely and accurate instructions.

Storing your file

I will store your file for six years following completion of this matter, after which it will be destroyed. I will not make any charge for storage or retrieval of your file but if you ask me to provide any copies of your file I may charge a fee which I will agree with you in advance. Please let me know if you would have a problem with these arrangements.

Limitation of liability

My advice is provided for your benefit and only for the purposes of the instructions to which it relates. It may not be used or relied on for any other purpose or by any other person. Nothing in these terms or my engagement confers any right on any person pursuant to the Contracts (Rights of Third Parties) Act 1999.

Forte Law’s total liability to you in respect of any loss or damage caused by any act or omission will be limited to £2 million. I will not be liable for any losses other than those which are a natural consequence of any breach of contract or negligence on my part or for any damages, costs or losses attributable to lost profits or opportunities.

I can only limit my liability to you to the extent that the law allows. In particular, I cannot limit my liability for death or personal injury caused by my negligence.

Professional Indemnity Insurance

Forte Law has worldwide professional indemnity insurance cover provided by XL Insurance Company Limited of XL House, 70 Gracechurch Street, London EC3V 0XL. Contact details will be made available at Forte Law’s offices on request.

Identity checks and money laundering

I am required by law to obtain and hold on file satisfactory evidence of identity for all new clients and sometimes people related to them. This is because solicitors can be used by criminals wanting to launder money.

I will be unable to start work for you until this evidence has been obtained. I attach an information sheet setting out details of acceptable forms of identification (if I haven’t already provided you with this). If you cannot provide me with any of the forms of identification requested, please contact me as soon as possible to discuss other ways to verify your identity.

In connection with verifying your identity and for the purpose of financial management of my practice I may undertake credit and other database checks relating to you which may include information from the Electoral Register and from credit reference, fraud prevention and governmental agencies. I will keep a record of any search.

I have a legal obligation, in certain circumstances, to disclose information to the Serious Organised Crime Agency without reference to you. Broadly, disclosure must be made where I know or suspect (or should know or suspect) that a transaction involves the proceeds of crime, money laundering or terrorist financing. My obligation to disclose information to SOCA is one of the situations in which I am obliged by law to disclose your confidential information as set out below under Confidentiality and privacy.

Fee Arrangements

Fees

My fees are normally calculated by reference to my standard hourly rate which is £200 plus VAT. However, if the matter is particularly complex, urgent or of high value or risk, an additional mark-up may be added.

I try to be flexible in my charging approach and will consider alternatives to an hourly rate including, for example, fixed fees or retainers. If you require, I can tell you when fees reach a certain level and we can agree that I will not then carry out further work without your authorisation. The charging basis which I have agreed with you in relation to a particular matter will be set out in the relevant confirmation of engagement letter.

Where we have agreed that my fees will be charged on an hourly rate basis chargeable time may include, for example, meetings with you, time spent considering and preparing documentation, correspondence such as emails and telephone calls and any time spent travelling.

Expenses

I will not incur expenses or make any payments on your behalf (and which I would expect you to pay or reimburse to me) without consulting you. Examples might include the costs of travelling, meals and accommodation; telephone, post or courier charges; library and research fees; database and credit reference search fees; fees payable to Companies House; photocopying expenses (if significant) and the fees of barristers or other experts.

VAT

Any hourly charge out rates which I may quote and any fee estimates are net of VAT which will be charged on my fees and on those expenses and payments which are liable for VAT.

Fee estimates

Any estimate of my fees is given only as a guide to assist you in budgeting and should not be regarded as a firm quotation or a fixed or capped fee unless agreed otherwise in writing.

Interim bills

Depending on the speed with which this matter is completed I will invoice you either on completion of this matter or by way of interim bills every month.

I accept payment by cheque, BACS or TT and can provide my bank account details on request.

In accordance with anti-money laundering guidance Forte Law limits the amount of cash it will accept in payment of its bills. I do not accept more than £500 in cash in respect of any matter.

Payment

Payment is due within 1 month of the date of my invoice unless we have agreed in writing a different payment date.

If an invoice is not paid within 1 month of its date, I shall be entitled to charge

interest (at the rate for the time being payable on judgment debts) on the amount due from the date on which payment became overdue to the date of payment in accordance with article 5 of the Solicitors’ (Non-Contentious Business) Remuneration Order 2009

If any invoice is not settled within 1 month of its date, I may decline to act any further. I may also keep your documents, papers and other property until payment although I will not do so where it would be unreasonable having regard, amongst other things, to the effect on you and the amount outstanding.

You have a right to object to any invoice by way of:

· my Complaints Policy and/or

· (if you are a member of the public, a very small business or a charity, club or trust) making a complaint to the Legal Ombudsman at PO Box 15870, Birmingham B30 9EB website: www.legalombudsman.org.uk; telephone: 0300 555 0333; email: enquiries@legalombudsman.org.uk (or any replacement body) and/or

· applying to the court for an assessment of the invoice under sections 70, 71 and 72 of the Solicitors Act 1974. The Legal Ombudsman may not consider a complaint about the invoice if you have applied to the court for an assessment of it.

If all or part of the invoice remains unpaid I shall be entitled to charge interest as set out above.

Conflicts

An actual or potential conflict between your interests and the interests of another client of Forte Law may arise during the course of my acting for you. If so, I will discuss the position with you and determine the appropriate course of action. Rules of professional conduct may require me to stop acting for you in relation to the matter in which the conflict has arisen.

Confidentiality and privacy

I shall keep confidential all documents and information I receive as a result of acting for you unless you instruct me otherwise or I am obliged to disclose it by law. Please be aware that solicitors may be required by statute to make a disclosure to the Serious Organised Crime Agency where they know or suspect that a transaction may involve money laundering or terrorist financing. If I make a disclosure in relation to your matter, I may not be able to tell you that a disclosure has been made. I may have to stop working on your matter for a period of time and may not be able to tell you why.

You agree that where I have acted for you on a matter that has been announced to the public I may disclose that I have acted for you, provided that I do not disclose any details that are not already in the public domain.

I will use the information you provide primarily for the provision of legal services to you and for related purposes including the management of my practice and the purposes set out under this paragraph below. I will not disclose the information you provide to anyone without first obtaining your permission except:

• for the purpose of progressing your matter

• to the extent that I am required to do so by law
• to the Solicitors Regulation Authority
• in connection with any legal proceedings or prospective legal proceedings
• to any employees, agents and professional advisers such as accountants, consultants and legal advisers for the purpose of the performance of their services for and the provision of advice to me
• to any external firm or organisation conducting an audit or quality check on my practice – these are required to maintain confidentiality in relation to your files
• (on a confidential basis) to Chambers UK and other bodies which compile information about solicitors’ practices for inclusion in directories
• to any successor to my practice.

I may from time to time send you information which I think might be of interest to you. If you do not wish to receive that information please let me know.

Forte Law is committed to ensuring that your personal information is secure. In order to protect your personal information from unauthorised access or disclosure I have put in place procedures to enable me to comply with my obligations under the Data Protection Act 1998.

Under the Data Protection Act 1998, you may request details of the personal information that Forte Law holds about you. If you wish to make a request please write to me.

Copyright

Materials that I generate for you are protected by copyright that belongs to Forte Law. The fee you pay me entitles you to make use of those materials only for the purpose for which they were obtained.

Complaints

If you are unhappy with any aspect of my service or any invoice please raise it with me as soon as the issue arises. I aim to offer all my clients a high quality legal service and will do my best to resolve your complaint. If you would like to see a copy of my Complaints Policy which details how I handle complaints please feel free to ask for it.

If you are not satisfied with my handling of your complaint and you are a member of the public, a very small business or a charity, club or trust, you can ask the Legal Ombudsman (whose contact details are listed under Payment above) or any replacement body to consider the complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from me about your complaint.

Termination or cancellation of instructions

You may end your instructions to me in writing at any time but I can keep all your papers, documents and property while you still owe money to me as noted under Payment above.

I may decide to stop acting for you only with good reason (e.g. if you do not pay an invoice as stated under Payment above or there is a conflict of interest). I must give you reasonable notice that I will stop acting for you.

If you or I decide that I should stop acting for you, you will pay my charges up until the point when I stop acting for you. These will be calculated on an hourly basis where I am charging on a time spent basis or as a proportion of the agreed fee (according to the proportion of the work carried out) where we have agreed a fixed fee

Deletion of any terms found to be illegal or unenforceable

If a court or authority of competent jurisdiction finds any part of these terms to be illegal or unenforceable then that part shall be deleted from these terms but without affecting any other provisions of these terms which shall continue to apply.

Delay, failure to enforce or partial exercise of rights

No delay or failure by either you or Forte Law in enforcing any rights under these terms or partial exercise of any such rights will affect or restrict in any way the relevant party’s rights under the terms. Any formal waiver of (giving up of rights in relation to) a breach or default will not constitute a waiver of any other breach or default.

Governing law and jurisdiction

Any dispute or legal issue arising from these terms and my engagement will be determined by the law of England and Wales and considered exclusively by the English and Welsh courts.

I have read and understood the above terms and agree to them.

Signed:

Date: