Telephone & Email Service

We can act for you without a meeting and you can instruct us from home. Simply 
Email info@clarksonhirst.com “I would like to Discuss a new case without a meeting”, with your contact number and we will contact you thereafter. Alternatively call any of our offices and ask to speak to our solicitors.

Clarkson Hirst offer a telephone and internet advice only service. Our service therefore is suitable for some cases but not others. For example, if your case requires a meeting or Court attendance then this service may not be appropriate.

If you have any questions about this service then please contact Matthew Winder telephone 01524 387501 or email info@clarksonhirst.com

Terms and conditions for the supply of Telephone & Email Service from Clarkson Hirst Solicitors to its Clients

1. Our right to decline instructions. We reserve the right to decline to act for you in our absolute discretion. We may deem the Telephone & Email Service to be unsuitable for the work you require us to undertake. We have a duty to act in your best interest and therefore your interest may not be best served by utilising this service and therefore we reserve the right to decline your instructions.
   1. It will be a condition of you instructing us that you comply with then money laundering regulations and the due diligence requirements of this company. We reserve the right to decline to act for you in our absolute discretion.
2. The contract between us. When we receive your request to act under the Telephone & Email Service we will confirm our acceptance of that service and any terms and conditions that you have to comply with such as providing identity documents. Subject to your compliance of those conditions we will confirm our price for the service in writing in the form of a client care letter. The letter will state our terms, conditions and price. We will also send you an instruction form to fill in. Once payment has been received by us and you have complied with any other conditions and you have completed the instructions form we will confirm that your order has been accepted by sending an email to you at the email address you provide on the instruction form. Our acceptance of your order brings into existence a legally binding contract between us. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
3. Price.
   1. The prices payable for goods that you order are as set out in our website.
4. Right for you to cancel your contract.
   1. You may cancel your contract with us for the service you order at any time up to the end of the seventh working day from the date you receive the order confirmation from us. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
   2. To cancel your contract you must notify us in writing.
   3. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order
5. Cancellation by us.
   1. We reserve the right to cancel the contract between us if:
   2. We have insufficient staff to deliver the service you have ordered;
   3. We do not deliver the service in your area; or
   4. The service requested when we read the detail of your instructions is beyond our expertise or in our absolute discretion we deem the legal work required to be unsuitable to be delivered using our Telephone & Email Service
   5. If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Delivery of the service to you.
   1. We will deliver the service ordered by you to the address you give us for delivery in accordance with the timeframe agreed with you at the outset of your order
   2. The service will be delivered to you as soon as possible and we will aim to deliver the service within the timeframe we have provided at the point we accept your order but if that proves impossible we will inform you of the reason for this and provide you with a revised time estimate.
7. Insurance and Liability. You acknowledge and agree that if you wish to make a claim relating to or in connection with the services provided by us, the claim can only be brought against Clarkson Hirst Solicitors Ltd company number 07180198 and not against the individual members, officers or employees. We believe that this is reasonable as it corresponds to modern business practice and Clarkson Hirst Solicitors Ltd has in place indemnity insurance in excess of the minimum cover required by the Solicitors Regulation Authority.
   1. ‘Claim’ means any claim whether arising out of this agreement or otherwise, and whether such a claim is made in contract, tort, on the ground of breach of trust or on any other basis.
   2. Our maximum liability for loss or damage, breach of contract, breach of trust, negligence or otherwise (with the exception of fraud) is £3 million for any one transaction/matter or series of connected transactions/matters, unless a higher amount is stated in the letter that accompanies these terms and conditions.
   3. We will not be liable for any loss, damage, costs or expenses of an indirect or consequential, special or exemplary nature, including without limitation any economic loss or other loss of turnover, profits, opportunities, business or goodwill.
   4. We limit our liability as far as the law permits. We cannot limit our liability where, because of our negligence, we cause death or personal injury to occur.
   5. We have professional indemnity insurance. The indemnity insurer is Wesleyan of Colmore Circus, Birmingham, B4 6AR. The territorial coverage of the insurance is England and Wales.
8. Notices. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 73 Chruch Street, Lancaster, Lancashire, LA1 1ET and all notices from us to you will be displayed on our website from to time.
9. Events beyond our control.
   1. We shall have no liability to you for any failure to deliver the services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10. Invalidity.
    1. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected. Third party rights.Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11. Governing law.
    1. The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
12. Advising you of a change in our service.
    1. If we are not able to provide the service without a meeting we will advise you of this and request a meeting with you.
13. Loyalty card. You are not entitled to use our loyalty card scheme for this service.
14. Professional Advisor . We will notify you of the name of the solicitor who will be dealing with your case and the name of their supervisor.
15. Client care and complaints. We aim to offer our clients a friendly and efficient service.  During the course of the matter, if there is any aspect about which you are concerned or require clarification, then please raise it with the person who is handling the matter, with a view to the matter being resolved quickly.  If you remain concerned or we could not agree an appropriate course of action, then your complaint would be referred to Matthew Winder the firm’s client care director/solicitor who would contact you, and attempt to resolve the matter to your satisfaction. The firm has a Complaints Procedure document, which is available on request, and which would be sent to you should you make a complaint.  Your right to complain might relate to the way in which your matter is being handled, or about a bill that we issue.  In the case of a complaint about a bill, there might also be a right to object to the bill by applying to the court for an assessment of the bill under Part III of the Solicitors Act 1974.  However, we would point out that if all or part of a bill remains unpaid, we may be entitled to charge interest – any such entitlement would be set out in our Terms and Conditions of Business and/or on the reverse side of the bill. Our payment terms are 7 days from date of invoice. We have eight weeks to consider your complaint. If we have not resolved it within this time, or if you are not happy with our handling of your complaint, you may complain to the Legal Ombudsman (PO Box 6806, Wolverhampton WV1 9WJ, telephone 0300 555 0333,website www.legalombudsman.org.uk). The Legal Ombudsman will expect you to have given your lawyer a chance to resolve your complaint before it will get involved. Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us and within six years from the date of the act or omission about which you are complaining, or three years from the date you should reasonably have known there were grounds for complaint. You also have the right to complain about or challenge your bill by applying for an assessment of the bill under Part III of the solicitors Act 1974. The legal ombudsman may not consider a complaint about a bill if you have applied to a court for assessment of that bill. Thank you for your instructions and I hope we can deal speedily and effectively with your case
16. Alternative methods of funding your case. I have checked with you to see if you have alternative methods of funding your case. You may wish to check again to see whether you have legal expenses insurance cover or funding through the membership of a union of other trade association. Many insurance policies carry legal expenses insurance cover. This would include insurance for household buildings and contents, business insurance, boat insurance, motor insurance. Legal expenses insurance can also be provided with your bank and credit card account. If you do find you have insurance cover then please do not contact your insurer direct but contact the solicitor handling your case here at our offices and we will approach the insurers to cover the cost in your case.
17. Your liability to pay the costs of the other party. Our cost estimate above does not include the legal fees of the other party to the matter. If the law requires you to pay the other parties costs at any stage then you will be required to pay these in addition to the legal fees of this firm.
18. Service commitment. We shall keep you informed of the main developments on your case and keep you updated on a monthly basis by post or telephone. If you require an update at any stage do not hesitate to contact your professional advisor. Our retainer does not extend to giving you advice on tax issues and if you do require advice on tax issues then please contact your professional advisor as we have a fee earner who deals with inheritance tax advice. We do not offer advice in relation to income and capital gains tax. If you are unsure of your position regarding tax advice then please take advice from your accountant.
19. Your obligation. It is important that you instruct us promptly by returning our calls and communications in order that we can progress your matter smoothly and within the time scale agreed with your professional advisor.
20. What to do if you change your address. Please write to the fee earner who is dealing with your case to notify them of your new address. Verbal confirmation of your change of address will not be accepted unless there are circumstances where it is impossible for you to write to confirm the change of address. In that case the change of address will only become effective from the point you receive written confirmation from us that he address has been changed. Unless our procedures for changing address have been followed we cannot be responsible for any financial loss which you incur as a result of our continuing to correspond with you at your old address.
21. Public funding. We can confirm that the bulk of family work such as divorce, financial issues arising, separation and children matters are now excluded from Legal Aid eligibility. This means that the Government are not prepared to provide funding to individuals seeking legal assistance in these areas under what is known commonly as Legal Aid or Public Funding. In exceptional circumstances involving care proceedings, prohibited steps and domestic violence funding can be secured. It is also possible to secure funding if you have reached a settlement of matters by both parties attending Mediation with respect to drawing consent order documentation. If at any stage you require assistance with respect to this please do let us know and we will advise as to your eligibility. We will need details of your income and capital to assess eligibility and if at any stage your income or capital changes you may become disentitled to Legal Aid so if this happens contact me to let me know so that I can assess you further.
22. Storage of papers and documents. We can confirm that the bulk of family work such as divorce, financial issues arising, separation and children matters are now excluded from Legal Aid eligibility. This means that the Government are not prepared to provide funding to individuals seeking legal assistance in these areas under what is known commonly as Legal Aid or Public Funding. In exceptional circumstances involving care proceedings, prohibited steps and domestic violence funding can be secured. It is also possible to secure funding if you have reached a settlement of matters by both parties attending Mediation with respect to drawing consent order documentation. If at any stage you require assistance with respect to this please do let us know and we will advise as to your eligibility. We will need details of your income and capital to assess eligibility and if at any stage your income or capital changes you may become disentitled to Legal Aid so if this happens contact me to let me know so that I can assess you further.
23. Identity, disclosure and confidential requirements. We are entitled to refuse to act for you if you fail to supply appropriate proof of identity for yourself or for any principal you represent. We propose to carry out an electronic verification of your identity which is in addition to obtaining manual documents. This is a policy of the firm, but you do have the right to object. If you do object, then please contact our Mr Winder, or in his absence another Director. There will be no charge in relation to carrying out the electronic search or the manual verification of documents. Solicitors are under a professional and legal obligation to keep the affairs of the client confidential. This obligation, however, is subject to a statutory exception: legislation on money laundering and terrorist financing has placed solicitors under a legal duty in certain circumstances to disclose information to the Serious and Organised Crime Agency. Where a solicitor knows or suspects that a transaction on behalf of a client involves money laundering, the solicitor may be required to make a disclosure. If, while we are acting for you, it becomes necessary to make such a disclosure, we may not be able to inform you that it has been made, or of the reasons for it, because the law prohibits ‘tipping-off’. Where the law permits us, we will tell you about any potential money laundering problem and explain what action we may need to take. Our firm may be subject to audit or quality checks by external firms or organisations. We may also outsource work. This might be for example typing or photocopying or costings, or research and preparation to assist with your matter. Information from your file may therefore be made available in such circumstances. We will always aim to obtain a confidentiality agreement with the third party. In order to comply with court and tribunal rules, all documentation relevant to any issues in litigation, however potentially damaging to your case, have to be preserved and may be required to be made available to the other side. This aspect of proceedings is known as ‘disclosure’. Subject to this, we will not reveal confidential information about your case except as provided by these terms of business and where, for example, your opponent is ordered to pay your costs, we have to meet obligations to reveal details of the case to them and to the court.
24. Interest Policy. Any money received on your behalf will be held in our client account. We will pay interest to you on the money held on your behalf in our client account equal to the amount of interest we receive from our client account bankers on the monies held for you provided that no interest will be paid if the circumstances below apply.
25. Financial Services. Sometimes conveyancing/family/probate/company work involves investments. We are not authorised by the Financial Services Authority and so may refer you to someone who is authorised to provide any necessary advice. However, we can provide certain limited services in relation to investments, provided they are closely linked with the legal services we are providing to you, as we are regulated by the Solicitors Regulation Authority. If you have any problem with the service we have provided for you then please let us know. We will try to resolve any problem quickly and operate an internal complaints handling system to help us to resolve the problem between ourselves. If for any reason we are unable to resolve the problem between us, then the Solicitors Regulation Authority and the Legal complaints Service provide complaints and redress mechanisms. The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000 but responsibility for the regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society and the Legal Complaints Service is the independent complaints handling body of the Law Society.
26. Service mediation. This Company is not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register. The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000 but responsibility for the regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society and the Legal Complaints Service is the independent complaints handling body of the Law Society.
27. Deposit protection. It is unlikely that we will be held liable for losses resulting from a banking failure. Any monies you pay to us is held at HSBC banking. The FSCS does apply an £85,000 FSCS limit which applies to the individual client, and so if you hold other personal monies yourselves in the same deposit-taking institution as our client account, the limit remains £85,000 in total. If a corporate body client is not considered a small company by FSCS, then they will not be eligible for compensation. Some deposit-taking institutions have several brands, i.e. where the same institution is trading under different names. You should check either with your deposit-taking institution, the FSA or a financial adviser for more information. We shall seek your consent for the disclosure to FSCS of client details in the event of a deposit-taking institution failure.
28. Consumer contract regulations.
    1. Under the Consumer Contracts Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
    2. This only applies where contracts are agreed away from our premises or where we are not both physically present.
    3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
    4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
    5. If you cancel this contract, we will reimburse to you any payments received from you.