2.1 We act as independent costs draftsmen / costs lawyers. We do not provide substantive legal advice on liability, quantum or merits of the underlying litigation unless expressly agreed.
2.2 Our duty of care is owed only to the Client named in the Engagement Letter and not to any third party.
3.1 You warrant that you are authorised to instruct us on behalf of the firm or client named.
3.2 You will supply complete, accurate and timely instructions and documentation. Delays or omissions may affect our ability to meet deadlines.
3.3 You remain responsible for filing documents and complying with court orders unless expressly agreed in writing.
4.1 Unless a fixed fee is agreed, we charge either:
(a) an hourly rate (reviewable annually) commensurate with the grade of fee earner; or
(b) a percentage of recovered costs; or
(c) another structure as set out in the Engagement Letter.
4.2 All fees are exclusive of VAT (charged at the prevailing rate).
4.3 We may invoice on completion of each Deliverable or monthly in arrears. Invoices are payable within 14 days.
4.4 We reserve the right to charge statutory interest (s. 6 Late Payment of Commercial Debts Interest Act 1998) on overdue sums.
Where recoverable inter partes, you agree to claim our reasonable fees from the paying party.
Should the court or paying party disallow any element, you remain liable for any balance due.
6.1 We will keep confidential all non-public information received from you, subject to legal or regulatory disclosure obligations.
6.2 Correspondence with us and draft Deliverables attract legal-professional privilege; we will not waive privilege without your consent.
Copyright in all Deliverables remains ours until fees are paid in full. We grant you a perpetual, royalty-free licence to use Deliverables for the purpose for which they were supplied.
8.1 Nothing in these Terms limits liability for death, personal injury, fraud, or any liability that cannot legally be limited.
8.2 Subject to 8.1, our total aggregate liability (howsoever arising) is limited to £2 million or the level of professional indemnity insurance in force, whichever is higher.
8.3 We shall not be liable for indirect or consequential loss, loss of profit, goodwill, data or anticipated savings.
We act as Data Controller of any personal data supplied and will process such data in accordance with our Privacy Policy (below) and applicable law.
If an actual or potential conflict arises, we will notify you promptly and may have to cease acting unless appropriate safeguards are agreed.
Either party may terminate on 14 days’ written notice or immediately for material breach or insolvency. Fees and expenses incurred up to termination remain payable.
We are not liable for failure to perform caused by events beyond our reasonable control (e.g., IT outages, strikes, pandemic restrictions).
We comply with UK AML regulations. You will provide any ID/verification we reasonably request. We may cease work or report suspicious activity without notice.
We may amend these Terms by written notice; changes apply to new instructions only, unless you expressly agree otherwise.
These Terms (and any non-contractual obligations) are governed by and construed in accordance with the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.