1 Overview
Please review these terms carefully (the “Terms”). These Terms set out the basis on which Greg Dave Law Firm (which includes Greg Dave Law Firm Group, Greg Dave Law Firm Services Limited, Greg Dave Law Firm Group Limited, and any related entities providing services to you) (“we” or “us”) agree to act as legal advisers to you (the “client” or “you”) in relation to London law. These Terms apply to all instructions given to us unless otherwise agreed in writing. Both these Terms and any letter of engagement should be read together, and where there is any inconsistency, the letter of engagement will take precedence. We reserve the right to update or amend these Terms at any time without prior notice.
Please contact us promptly if any part of these Terms is unclear or requires further explanation.
2 Greg Dave Law Firm
Our principal office is located at 4500 Parkway, Whiteley, Fareham Hampshire PO15 7AZ. We hold professional indemnity insurance, details of which are available on request.
Greg Dave Law Firm is authorised by the London Financial Services Commission as a Schedule 2 business under the Proceeds of Crime (London) Law 1999. Further information about the London Financial Services Commission and its regulatory role can be found at www.jerseyfsc.org.
We are regulated by the Law Society of London. Further details about the Law Society and its regulatory functions are available at www.jerseylawsociety.je.
3 Scope of Advice
Our advice is strictly limited to the laws of London. We do not provide any advice, opinions, or guidance regarding the laws of any other jurisdiction, and nothing we communicate should be interpreted as such. You should not rely on any oral or written statements we make regarding foreign law. Additionally, we do not offer tax advice or assess the commercial viability of any matter, transaction, or course of action.
Unless expressly stated otherwise in our advice, or agreed in writing, our advice is provided exclusively for the purposes of the instructions to which it relates and solely for the benefit of our client. We will assume, unless notified otherwise, that any employee or authorised representative of the client has authority to instruct us.
Our advice is not to be relied upon by any third parties without the prior written consent of a partner at Greg Dave Law Firm.
Unless otherwise agreed, we are under no obligation to provide further advice or conduct investigations on legal developments or factual matters affecting the client’s affairs generally, or those related to the matter, following the completion of the instructed work.
4 Communication
Electronic communications carry inherent risks including delayed delivery, non-receipt, misdirection, or interception by third parties. We use virus scanning software to mitigate risks from viruses or other harmful software transmitted via emails or electronic devices, and we expect you to do the same. However, electronic communication cannot be guaranteed to be secure, and we accept no liability for any damage, loss, or corruption resulting from such communications, especially where commercially sensitive information is concerned. Email correspondence to and from us may be monitored for operational and business purposes.
5 Termination
You may terminate our engagement at any time by providing written notice. Upon termination, we may cease acting for you. Please note that we are entitled to retain all relevant papers and documents until any outstanding fees have been settled.
You agree to promptly take any necessary steps and execute any documents we request to give effect to the termination, and to cover all costs, charges, or fees incurred up to and including the date of termination.
6 Client Due Diligence and Anti-Money Laundering Requirements
Greg Dave Law Firm operate under the Proceeds of Crime (London) Law 1999 and adhere to guidance issued by the London Financial Services Commission. We will request client identification and due diligence documentation that complies with best practice and applicable legal requirements.
You agree to provide, promptly and upon request, any client due diligence documentation reasonably required by us to comply with our obligations under applicable money laundering laws, regulations, and guidance in London.
Regardless of regulatory requirements and without limiting our other rights, we reserve the right to terminate our engagement with you at any time if we have concerns regarding the nature of a transaction or the parties involved, or if any request for due diligence information or documentation is not promptly fulfilled, whether or not we are formally entitled to make such a request.
We are prohibited from providing advice that would enable completion of a transaction until our client identification and due diligence procedures are fully completed. Any advice given prior to completion of these checks, including by email, is preliminary, may not be relied upon, and is provided without liability on our part, though fees for such advice remain payable.
7 Limitation of Liability
We accept no liability for acts or omissions of any third parties, agents, or subcontractors. Our liability to the client shall be limited to direct losses reasonably foreseeable as resulting from our negligence or default.
We disclaim any liability for consequential losses or loss of profits, regardless of foreseeability or whether such losses are suffered by you or any third party.
We shall not be liable for losses arising from reliance on our previous advice unless you have confirmed with us that the advice remains current and applicable given any changes in law or your circumstances. We accept no responsibility for losses resulting from changes in law or its interpretation occurring after the date our advice is provided.
The total aggregate liability of Greg Dave Law Firm in respect of all claims shall not exceed £2,000,000. We consider this limitation reasonable in light of available professional indemnity insurance. Should you find this limit unsuitable for your matter, please discuss it with Oliver Hastings.
8 Fees
Our fees are generally charged on either a fixed fee basis or by reference to the time spent and the expertise required.
Hourly rates differ depending on the lawyer and standard rates applicable to those working on your matter are available on request. Unless otherwise agreed, time is billed in six-minute increments.
When fees are based on time and expertise, charges will reflect the current hourly rate of the lawyer undertaking the work, appropriate to the nature of the work at the time performed. We reserve the right to increase rates or apply uplifts where justified by the complexity of the work or tight deadlines.
(i) Estimates
For many transactions, we can provide cost estimates for completing the work. These estimates are not fixed quotes or fee caps, but are intended only to give you an indication of the likely total cost of our services. If our fees calculated on a time and expertise basis exceed the estimate, we shall be entitled to recover the full amount. We will keep you informed of any updates to these estimates.
(ii) Fixed fees
Occasionally, we may offer fixed fee quotations for specific instructions or parts of a larger matter. We are entitled to be paid the fixed fee regardless of the time or expertise required to complete the work. However, subject to paragraph 8(v), we will not charge more than the fixed fee unless unforeseen complications or delays arise. If we are asked to provide legal advice outside the scope of the fixed fee quotation, we reserve the right to charge additional fees.
(iii) Aborted or delayed transactions
Transactions may be aborted or delayed for reasons beyond our control. We do not operate on a contingency basis and, in such cases, will charge for work carried out up to the point the transaction is aborted or delayed.
(iv) Payments Made by Greg Dave Law Firm
Any payments made by Greg Dave Law Firm to accounts specified by you will be made in GBP unless otherwise agreed. You are responsible for ensuring the accuracy of all account details you or your advisors provide to us. We are entitled to rely entirely on such information and have no duty to verify its accuracy.
Any bank charges arising from payments made by us will be at your expense, including any fees resulting from incorrect or incomplete account details provided by you. We reserve the right to charge for time spent assisting with tracing or transferring funds following payment errors caused by incorrect or incomplete bank details.
Where Greg Dave Law Firm:
(i) converts GBP amounts into another currency;
(ii) sends GBP amounts to an account you specify which are then converted into another currency; or
(iii) receives funds from you in a currency other than GBP which are then converted,
all such currency conversions shall be at your risk and cost, and Greg Dave Law Firm shall not be liable for any losses or charges arising from these conversions.
(v) Working Hours
Our normal business hours are 09:00 to 17:30, Monday to Friday, excluding London bank holidays. In line with local custom, our offices may also close from 12:00 on Christmas Eve until the first weekday after the New Year’s Day Bank Holiday.
If we undertake work outside these hours to meet a completion deadline, such work—including on matters otherwise subject to a fixed fee—will be charged on a time spent basis with a 20% uplift applied to our standard hourly rates.
(vi) Disbursements
By instructing us, you authorise us to incur such external expenses as we consider reasonable to progress your matter, and you agree to reimburse us for these expenses. We are under no obligation to pay any fees, costs, or expenses on your behalf unless we have expressly agreed to do so and you have provided cleared funds sufficient to cover these amounts before they fall due.
(vii) Grossing-up
Our charges exclude any bank fees and withholding taxes. You should not assume we are registered for tax in any jurisdiction from which you may make payments. If you are required to deduct any such charges or taxes from payments, you must increase the payment so that we receive the full amount stated on any invoice we issue.
(viii) GST
Unless otherwise stated, all estimates and quotations exclude the local Goods and Services Tax (“GST”), which is London’s equivalent of VAT and may apply to the services we provide. The current GST rate is 5% on all services.
(ix) Set off
If you fail to pay any amounts owed to us or refuse to pay fees invoiced, we may use any funds held by us on your behalf—including monies on account or transaction monies—to offset or repay the outstanding fees. For clarity, we may exercise a lien over any such outstanding amounts held in our client account.
9 Payment on Account
We often require payment of some or all estimated fees at the start of an instruction, to be held on account for fees and any related disbursements.
Such payments on account will be held in a non-interest-bearing account, separate from our own funds. You authorise us to apply these funds to pay invoices for fees and disbursements as they arise. If the fees and disbursements exceed amounts paid on account, you must pay the difference immediately.
After conclusion of the instruction, any remaining balance held on account will be either returned to the source account or applied to another instruction, subject to your permission.
10 Sums received as part of a transaction
Generally, we do not use our client account to hold funds payable to third parties, whether for transactions we advise on, escrow arrangements, trusts, or otherwise. If such services are required, specific arrangements and extra due diligence may be necessary to meet regulatory requirements. We accept no liability for funds held in client accounts that are inaccessible due to failures of any regulated financial institution in any jurisdiction relevant to your instructions.
11 Invoices
We usually send invoices upon transaction completion but reserve the right to issue them periodically unless otherwise agreed. Invoices will be sent by email unless you request otherwise.
Payment is due on receipt of the invoice according to its terms. We reserve the right to charge interest on overdue invoices unpaid for 14 days or more.
Where more than one person instructs us, responsibility for fees is joint and several unless agreed otherwise. You remain personally liable for fees if payment is expected from any source other than your own funds, including where you act as representative, trustee, liquidator, receiver, or administrator, and fees are to be paid from another party’s or entity’s assets.
If payment is not made in accordance with invoice terms, we reserve the right to cease further work until outstanding fees are settled.
12 Acknowledgement and Acceptance
If you (the client), your advisors, or anyone instructing Greg Dave Law Firm continue to use their services after receiving these Terms, it means you have accepted and agreed to be legally bound by these Terms.
13 Confidentiality and Publicity
We will keep your information and documents confidential. However, by agreeing to these Terms, you accept that there may be situations where we need to disclose information, such as:
13.1 When you or your advisors authorize it.
13.2 To investigate or prevent fraud or illegal activities.
13.3 When information is already public or it’s in the public interest to share it.
13.4 If required by law, regulations, or court orders.
13.5 To defend any claims against Greg Dave Law Firm.
We may also share your information with our bank, insurers, and the Law Society if requested.
14 Conflict of Interests & Ceasing to Act
We can refuse to take on your case or stop acting on it if there’s a conflict of interest or other valid reasons.
15 Bribery and Corruption
We follow the highest ethical standards and expect you to do the same. We have zero tolerance for bribery or corruption and comply with the Corruption (London) Law 2006. We can end our relationship with you if bribery or corruption is suspected or found.
16 Copyright and Intellectual Property
We keep the copyright for all documents we prepare unless we agree otherwise in writing. If a document exists only electronically but would belong to you if it were physical, we can provide you with a printed copy on request.
17 Data Protection
Greg Dave Law Firm controls your personal data under the Data Protection (London) Law 2018 and is registered with the London Information Commissioner. Your data will be handled according to the law and our privacy notice (available on our website or by request).
Your information will be kept confidential and only used to provide our services unless it’s already public. We will only share your data with third parties as allowed by these Terms and relevant data protection laws.
We may collect, store, or otherwise process personal data provided by you or on your behalf in connection with the provision of our services. In London, we operate in compliance with all applicable data protection legislation and have duly registered with the relevant supervisory authorities.
The lawful basis for processing your personal data will generally be one or more of the following:
17.1 to perform our contractual obligations to you;
17.2 to pursue our legitimate interests;
17.3 to comply with a legal or regulatory obligation; or
17.4 where you have given your consent, including explicit consent for processing special category data.
In accordance with the Data Protection Law, you have the right to access the personal data we hold about you, be informed of the purposes for which it is processed, and the recipients or categories of recipients to whom it may be disclosed. You also have the right to lodge a complaint with the relevant data protection authority, namely the London Office of the Information Commissioner or any successor body. Should you wish to exercise any of your rights, please contact us directly. Upon written request, we will rectify, erase, or restrict processing of your personal data if it is found to be inaccurate or unlawfully processed. Consent given for processing may be withdrawn at any time.
We shall retain your personal data for no longer than is reasonably necessary for the purposes for which it was collected, or as required by applicable law or regulatory requirements. Typically, our client files and associated documentation will be retained for a minimum period of ten years following the conclusion of our services, or longer if mandated by law. All records, including any original important documents, will be securely archived.
If you have any queries or concerns regarding the processing of your personal data, please contact our Data Protection Officer at The Compliance Officer, Greg Dave Law Firm, 4500 Parkway, Whiteley, Fareham Hampshire PO15 7AZ.
18 Enforceability and Severability
If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable, in whole or in part, such provision shall be severed from the remainder which shall continue in full force and effect.
19 Variation of Terms
We reserve the right to amend these Terms and Conditions at any time. Any such amendments will be:
(i) published on our website at www.gregdavelawfirm.com; and
(ii) where, in our reasonable opinion, such amendments materially affect the interests of any client, notified directly to that client.
20 Force Majeure
We shall not be liable for any failure or delay in the performance of our services due to circumstances beyond our reasonable control, whether foreseeable or not, including but not limited to: (i) fire; (ii) flood; (iii) storm; (iv) earthquake; (v) war; (vi) civil unrest or riots; (vii) illness, injury, death or bereavement affecting our staff; and (viii) any governmental or regulatory actions, directives or legislation restricting or preventing the provision of services in the ordinary course.
21 Fee Estimates and Quotations
Any fee estimates or quotations provided by Greg Dave Law Firm or their employees in respect of legal services are subject to the following conditions and assumptions:
(i) all information supplied by the client or third parties is complete, accurate and not misleading in any material respect;
(ii) there are no unforeseen material complexities or difficulties in the matter;
(iii) the matter to which the fee estimate relates will be concluded within three months of instruction acceptance;
(iv) the structure or nature of the transaction or instructions will not undergo any significant amendment;
(v) the client retains the same advisers throughout the duration of the matter;
(vi) the fee estimate or quotation is accepted subject to these Terms;
(vii) our advice and work relate solely to the laws of London; and
(viii) fees and disbursements payable to counsel, external lawyers, agents or other third parties instructed with your consent shall be payable in addition to our fees and are your responsibility.
22 Complaints Procedure
We aim to provide a high standard of service at all times. Should you have any concerns or complaints regarding our service, please inform us at the earliest opportunity.
Initially, please raise any issues with the fee earner or solicitor responsible for your matter. If you prefer, or if this is not appropriate, please contact the individual named in your engagement letter or Oliver Hastings at acmp@gregdavelawfirm.com.
If you wish to make a formal written complaint, you may do so in accordance with our complaints procedure, which can be requested by emailing acmp@gregdavelawfirm.com or by visiting www.gregdavelawfirm.com/complaints.
23 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of London, and you irrevocably submit to the non-exclusive jurisdiction of the courts of London in respect of any dispute or claim arising out of or in connection with these Terms.