Our general terms of business (terms of retainer) are set out below. In addition to these terms, clients relationships with us are governed by client care letters specific to the case or client in question. These are sent to clients individually and, for group cases, the most recent versions of the letters will also be available for download in the relevant section of our website. For example, see the split capital trust case.

CLASS LAW SOLICITORS

TERMS OF RETAINER

Click here to view a printable version of the terms in PDF form

CLASS LAW SOLICITORS CONFIRM BELOW VARIOUS ASPECTS OF ITS WORK AND SEEK TO GIVE A GUIDE TO COSTS

PRELIMINARY NOTE - ANTI-MONEY-LAUNDERING REGULATIONS

Class Law Solicitors applies the law and regulations on money-laundering rigorously, and prospective clients should satisfy themselves that nothing they may disclose to us is likely to give rise to a suspicion on our part that they have engaged or propose to engage in any improper activity of any sort. Any such suspicion will be reported by us to the authorities. If in doubt, it would be in your interests not to engage us or discuss your affairs with us.

PEOPLE RESPONSIBLE FOR OUR WORK FOR YOU

1.1 In these terms, “the firm”, “We” and “Us” mean Class Law Solicitors a firm with a sole principal, namely Mr Stephen Alexander with its office at One Great Cumberland Place, London W1H 7AL. The firm is regulated by the Law Society.

1.2 The person named and described in the covering letter (“your Case Executive”) will carry out most of the work in this matter although other solicitors or paralegals may well be involved from time to time. Each of them specialises in litigation. If you need to telephone, please ask to speak to your Case Executive but, if he is unavailable, his secretary will be happy to take a message for you.

1.3 We shall endeavour to avoid changing those responsible for your work but, if this cannot be avoided, We shall notify you promptly as to who shall be responsible and why the change was necessary.

1.4 Your Case Executive will explain to you the issues raised in your matter and keep you informed of progress, advising you whether the likely outcome of your case will justify the likely costs and the risks involved, from time to time as necessary.

1.5 We avoid giving estimates as to how long litigation matters are likely to take. Whilst We endeavour to conduct litigation efficiently, We do not believe that speed for its own sake is necessarily a virtue. Further, it is our invariable policy to seek to settle disputes wherever possible and you will be advised accordingly.

CHARGES AND EXPENSES

2.1 If you have any query at any time about our costs, please contact this firm's principal, Mr Alexander, straight away.

2.2 Our charges will be based on the time We spend dealing with your case, including: meetings with you and others; travel; considering, preparing and working on papers; correspondence; and making and receiving telephone calls.

2.3 We shall charge you according to the following tariff of normal hourly rates:-

SENIOR PARTNER: £350 - £400
SENIOR SOLICITOR £250 - £350
SOLICITOR: £175 - £250
TRAINEE SOLICITOR: £100 - £175
PARALEGAL: £ 50 - £ 100

2.4 We reserve the right to charge you a premium of 25% on the above hourly rates for work on your matter outside office hours. We reserve the right to review our hourly rates at the start of each calendar year and shall notify you in writing of any alterations.

2.5 Routine letters that We write, and routine telephone calls that We make and receive, will be charged as units of 1/10th of an hour. . Other letters and calls will be charged on a time basis. (Sometimes a letter can take many hours to prepare properly as its effect can be crucial to the outcome of the case.)

2.6 In addition to time charges, We shall be entitled to charge on a basis that takes into account a number of factors including: the complexity of the issues; the speed at which action must be taken; the expertise or specialist knowledge that the case requires; and, where appropriate, the value of the property or the subject?matter involved. Accordingly, the rates We have quoted may be higher if, for example, the matter becomes more complex than expected. We shall notify you where appropriate.

2.7 We shall add VAT to our charges at the rate that applies when the work is done (presently 17.5%).

2.8 We are likely to incur expenses on your behalf, such as barristers’ fees, for which you will be responsible. We shall notify you when they are likely to become due and provide an estimate of them. VAT is payable also on most expenses.

ESTIMATE AND MONEYS ON ACCOUNT

3.1 Wherever possible, We shall supply you with an estimate of the time We are able to anticipate spending on your matter. Whilst We shall prepare any estimate on the basis that it is intended to assist you in budgeting, it is not intended that it will be fixed. We shall endeavour to update any estimate from time to time and inform you if it appears that any estimate given is likely to be exceeded.

3.2 We shall inform you if any unforeseen additional work becomes necessary (due, for example, to unexpected difficulties or your requirements or the circumstances significantly changing during the course of the matter).

3.3 We shall also inform you in writing before any extra charges and expenses are incurred of the estimated cost.

3.4 If, for any reason, this matter does not proceed to its expected conclusion, We shall charge you for work done and expenses incurred to the date on which We cease to act for you.

3.5 You may set a limit on the charges and expenses to be incurred. This means that you must pay those incurred up to the agreed limit without our needing to refer back to you. We shall inform you as soon as it appears that the limit may be exceeded and shall not exceed the limit without first obtaining your consent.

3.6 It is normal practice to ask clients to pay sums of money from time to time on account of the charges and expenses which are expected in the forthcoming weeks or months so as to avoid delay in the progress of the case. Initially, We require the sum shown in the covering letter on account of our charges and to facilitate the payment of expenses before We start work on your matter.

3.7 We may request further payments on account of charges and expenses to be incurred as the matter progresses. We shall offset all payments received against your final bill, but it is important that you understand that your total charges and expenses may be greater than any advance payments.

BILLING ARRANGEMENTS

4.1 When we put payments on account towards your bill/s, We shall send you a receipted bill.

4.2 As further assistance in regard to your budgeting while the work is in progress, We shall send you interim bills for our charges and expenses, normally not more frequently at the end of each month. We shall send a final bill after completion of the work.

4.3 Payment is due to Us within 28 days of our sending you a final bill. We shall charge you interest on the bill at 4% above the base rate of Barclays Bank plc for the time being in force, from the date on which payment of our bill until payment calculated on a daily basis.

CHARGES AND EXPENSES IN THE CONTEXT OF THE OTHER PARTY/IES

5.1 In litigation in England and Wales, the losing party normally has to pay the costs of the winning party. This means that you must budget not only for our costs but also for those of the other party, in case you are unsuccessful. (On the other hand, as mentioned below, it is important to note that it is not normally the case that the successful party can recover the whole of its solicitor’s costs from the other party to the case.)

5.2 At the appropriate time, which We shall review with you from time to time, We shall recommend that you propose for “after the event insurance” ie an insurance policy which would cover the other party’s costs if you lose. (That cover can be extended to cover other matters, too, as We shall explain.) If you enjoy “before the event insurance” (as part of a household or other general policy, credit or store card or otherwise) please let Us know.

5.3 The costs that you will have to pay to Us in respect of our fees and disbursements will be calculated on the basis of our agreement with you. Litigants often expect to be able to recover their legal expenses from the opposing party. The awarding of costs is in the discretion of the court and it does not always follow that a successful litigant is awarded costs. In addition, even if you are awarded costs, if We are unsuccessful in recovering those costs for a variety of reasons (for example the fact that the other party is impecunious), you will nevertheless be liable for all our fees and expenses.

5.4 Further, if the other party is legally aided, you may not get back any of your charges and expenses, even if you win the case.

5.5 If you are successful and the court orders the other party to pay some or all of your charges and expenses, interest can be claimed on them from the other party from the date of the court order. You will also be responsible for paying the charges and expenses of seeking to recover any charges and expenses that the court orders the other party to pay.

5.6 We shall account to you for such interest to the extent that you have paid our charges or expenses on account, but We are entitled to the rest of that interest.

5.7 In some circumstances, the court may order you to pay the other party's legal charges and expenses; for example, if you lose the case. The money would be payable in addition to our charges and expenses.

5.8 We normally calculate our bills on the basis that any interest earned on moneys held in client account will be retained by Us.

LEGAL AID & Insurances

6.1 We do not normally seek legal aid for our clients and it is your responsibility to raise with Us any requirement you may have in this connection in the event that you consider that you may qualify. In those circumstances, We may decline to act for you.

6.2 If you have “before the event” insurance cover for legal expenses, it is your responsibility to notify us of this.

6.3 We recommend that you do not commence proceedings as a claimant without “after the event insurance cover”. We shall advise you fully on this.

STORAGE OF PAPERS AND DOCUMENTS

7.1 After completing the work, and until all our charges and expenses have been paid, We shall be entitled to keep all your papers and documents. Thereafter, We shall keep our file of papers (except for any of your papers which you ask to be returned to you) for no more than 5 years.

7.2 We keep the file on the understanding that We have the authority to destroy it 5 years after the date of the final bill We send you for this matter. We shall not destroy documents you ask Us to deposit in safe custody.

7.3 If We retrieve papers or documents from storage in relation to continuing or new instructions to act in connection with your affairs, We shall not normally charge for such retrieval. However, We may make a charge based on time spent producing stored papers or documents at your request. We may also charge for reading, correspondence or other work necessary to comply with the instructions given by you or on your behalf.

TERMINATION OF INSTRUCTIONS

8.1 You may terminate your instructions to Us in writing at any time but We shall be entitled to keep all your papers and documents while there is money owing to Us for our charges and expenses.

8.2 In some circumstances, We may consider We ought to stop acting for you, for example, if you cannot give clear or proper instructions on how We are to proceed, or if it is clear that you have lost confidence in how We are carrying out your work, or if you do not pay an interim bill or comply with our request for a payment on account. In any such circumstances, We must give you reasonable notice that We shall stop acting for you.

8.3 If you or We decide that We shall no longer act for you, you will pay our charges on an hourly basis and expenses as set out earlier.

COMMUNICATION BETWEEN YOU AND US

9.1 We are confident of providing a high quality service in all respects. If, however, you have any queries or concerns about our work for you, please raise them with this firm’s principal Mr Alexander. The firm’s written complaints procedure is available on request.

9.2 All solicitors must attempt to resolve problems that may arise with their services. It is therefore important that you immediately raise any concerns you may have with Us. We value you and would not wish to think you have reason to be unhappy with Us.

9.3 If you are a member of a group or class action, you accept that there will not normally be direct communication between Us but most information will be provided to you via email or our website. Information on private pages will be made available via the provision of a password to clients who are up-to-date with their financial commitments to Us and/or the group.

AGREEMENT

10.1 When dealing with Us you will be dealing with your Case Executive and, from time to time other individuals who are employees of the firm. You confirm and agree that all of the services which we provide, or have undertaken to provide or in respect of which we owe a duty to provide to you, whether arising out of this contract or otherwise, are or are to be provided by the firm and not by your Case Executive or by any other employee of or person associated with the firm or any other individual.

10.2 You agree that any claim that you might have in connection with the services we provide or ought to have provided to you, whether arising out of this contract or otherwise, and whether such claim is in contract, tort, breach of fiduciary duty or trust, or on any other basis, may only be brought against the firm and not against your Case Executive or any other employee of or person associated with the firm or any other individual. Accordingly, you accept and agree that neither the Case Executive nor any other employee of or person associated with the firm nor any other individual has accepted, or will accept, any duty of care towards you in his/her individual capacity, and that at all times the Case Executive and any other relevant employee of or person associated with the firm is to be treated as acting for and on behalf of Us and in no other capacity.

10.3 Our maximum liability for loss or damage for breach of contract, negligence or other tort, breach of fiduciary duty or trust or otherwise (other than for fraud) is £1.5 million for any one matter or transaction or series of connected or associated matters or transactions. You accept that this represents a reasonable limitation of liability, reflecting as it does both modern business practice and the fact that We are obliged to carry professional indemnity insurance cover of no less than the minimum cover which the Law Society requires a limited liability partnership to carry from time to time.

10.4 Unless otherwise agreed in writing in a document signed on behalf of the firm, these Terms of Retainer will apply to any future instructions you give to Us, whether on your own behalf or on behalf of any company, firm or unincorporated association which you control or with which you are otherwise associated.

10.5 None of the firm’s employees, nor any other person associated with Us, has any authority either to add to, amend or otherwise change these Terms of Retainer or to waive or release you from your contractual or other obligations to Us. Any addition to, amendment of or change to these Terms of Retainer will be binding on Us and will affect the employees of the firm and any other person associated with Us only if made in writing in a document signed by an authorised person on behalf of the firm. No waiver or release of your contractual or other obligations to Us will affect the contractual or any other relevant relationship between the firm and you unless made in writing in a document signed by an authorised person on behalf of the firm.

10.6 Your continuing instructions in this matter will amount to your acceptance of these terms and conditions of business. Even so, We ask you to sign and date the last page of the enclosed copy of this letter and return it to Us immediately. We can then be confident that you understand the basis on which We act for you.

APPLICABLE LAW AND FORUM

11. Our contract with you is governed by English law and the English Courts have exclusive jurisdiction.

© CLASS LAW SOLICITORS 2005

We hope that by sending this letter We have addressed your immediate queries about the day-to-day handling of your work and our terms of business. If you still have any queries, please do not hesitate to contact your Case Executive.