Our Standard Terms and Conditions
Please find below a copy of our current
Terms and Conditions of Engagement
Acceptance of Instructions
Prior to our formally accepting instructions to act on your behalf, in accordance with the Advocates Act 1995 we have set out below certain important information regarding the contract between us, the conduct of your case, and in particular relating to legal fees and our terms of engagement. Please read these carefully, as they are important and will form the basis of our contract with you. By signing these Terms and Conditions of Engagement you are agreeing to the same.
We are also required under Anti-Money-Laundering and Anti-Terrorism Financing legislation, to make certain Compliance checks and carry out Due Diligence enquiries. We will not be able formally to accept instructions or undertake work on your behalf until such checks and enquiries have been concluded. The time involved in conducting such checks will be charged at our normal hourly rate.
These Terms and Conditions of Engagement will apply to all matters on which you instruct us, including future matters unless we provide you with separate terms and conditions for that future matter. This will include any instructions by companies or other entities in which you may be involved. We do not operate on a retainer, and acceptance of instructions on one matter does not imply acceptance of instructions on other matters.
You will need to sign and date a copy of these Terms and Conditions of Engagement at the foot hereof, and return the signed and dated copy to us. If we are acting for more than one person, each person must sign. It is a condition of our accepting instructions that you agree to these Terms and Conditions.
Joint and Several Liability
If we are acting for more than one person or entity, the obligations and responsibilities under this contract will be joint and several, and all obligations, agreements, covenants, representations, warranties and undertaking made or given pursuant to this contract are made or given jointly and severally by you and any entity or body in respect of any services provided by us.
Fees - General
Unless we have agreed in writing to charge a fixed fee, our charges will be calculated according to the amount of time spent on your matter, including travel for example for home visits or site inspections.
Work undertaken is charged in time units of 6 minutes or part thereof. Emails and letters sent or received and phone calls made or received will be charged at a minimum of 1 unit each. In addition to the hourly rate we reserve the right, where appropriate, to charge a mark up to reflect such matters as the particular importance of the case, urgency, complexity and special responsibility which might arise, and general care and conduct.
Our charges will be calculated by reference to the amount of time spent dealing with your matter. Our charging rates will be as advised to you in writing when we commence acting for you in a matter (or will be as previously advised to you, if we have acted for you previously) and as may be revised by us and notified to you from time to time.
Additional fees and charges
In addition to any fixed fee, or fees charged according to time spent, the following additional fees and charges will apply:
Photocopying - If you matter involves more than minimal photocopying we may make a charge of £0.20 per copy plus VAT, in addition to the time spent in that task.
General Administrative Charge – We will make a general administrative charge of £45.00 plus VAT towards general administrative overheads. For longer running matters we may levy this charge annually.
Disbursements – In addition to our fees and VAT, we will charge for any disbursements which we incur in relation to your matter. We may ask you to put us in funds in advance of incurring disbursements.
Compliance Fee – we will charge for time spent carrying out the Compliance checks that we are required to undertake under legislation relating to anti-money-laundering, countering the financing of terrorism, sanctions and weapons profileration. This will be charged at our normal hourly rates according to the amount of time involved.
Client Account Use fee – As a result of the increasing costs of maintaining and operating a Client Account, where a matter involves receiving funds into our Client Account, we may charge a fee to reflect the administrative time involved in dealing with bank transactions, and compliance related costs and charges. This will be charged according to the amount of time involved in dealing with banking and related accounting entries and transactions.
General Limitation of Liability
We are covered by Professional Indemnity Insurance under the Master Policy maintained by the Isle of Man Law Society, which currently provides insurance cover of £2 million. We hereby limit any liability which we may have to you for any claims (howsoever arising) to a maximum amount of £2 million inclusive of interest and legal costs and disbursements. By accepting these Terms and Conditions of Engagement you are agreeing that any claim you may have (now or in the future) will be limited to a maximum of £2 million inclusive of interest and legal costs and disbursements. If you feel that this may not be sufficient cover for your matter, please advise us. We may be able to arrange additional insurance cover, but may make a charge for this. It is a strict Condition of our accepting your instructions that you agree to this limitation of liability. By instructing us, or continuing to instruct us, you acknowledge and agree to this limitation of liability, and that this limitation of liability is agreed to be fair and reasonable. By instructing us, you agree to indemnify and save harmless Kelly Luft Stanley & Ashton Limited, its Directors Shareholders Employees Consultants Servants and Agents against all and any claims in excess of the said limit of £2 million.
Client Account – and Exclusion of Liability for Banking Failure
Money should only be remitted to our Client Account by prior arrangement with us. Details of our Client Account must not be shared with any third party (other than your bank when you are giving a payment instruction to them).
When we hold monies for you this is placed in our Client Account with our bankers, which may be a pooled Client Account. Please note that the Government’s depositor protection schemes (which provide limited protection to banking customers in the event of a bank failure) do not provide protection in relation to funds held in Advocates’ Client Accounts. In the event of a banking failure, Kelly Luft Stanley & Ashton Ltd, its directors, officers, members, employees, agents, and/or servants accept no liability whatsoever for any loss, damage or liability you incur directly or indirectly as a result of the insolvency, liquidation, winding up, failure or collapse of, or similar event occurring in relation to, our bankers (or any part of any group structure of which our bankers are part) which results directly or indirectly in our bankers failing to, or being unable to, repay in whole or in part any deposit balance in our Client Account (the “Bank’s Failure to Repay”). You hereby agree to hold Kelly Luft Stanley & Ashton Ltd, its directors, officers, members, employees, agents, and servants harmless in respect of the Bank’s Failure to Repay. You accept and acknowledge that there are alternative arrangements available to you in relation to funds placed in our Client Account, and that by placing funds in our Client Account you agree to the terms of this exclusion of liability and irrevocably acknowledge the reasonableness of this exclusion.
Interest on Monies Held in Client Account – Contracting Out
If we hold monies in our Client Account, you may be entitled to receive interest on those monies in accordance with Advocates Accounts Rules 2008, as is fair and reasonable and subject to de minimis provisions. The operation of an Advocates Client Account involves significant cost, which has increased significantly since the making of the 2008 Rules, in terms of fees and charges and administration time, predominantly related to Compliance and regulatory oversight and reporting, annual auditing, banking charges, and licensing fees. The holding of funds (including as stakeholder in conveyancing or other transactions) also involves responsibility. The process of calculating, authorising and paying over interest additionally involves administration time and expense.
Accordingly, in order to contribute towards these costs and expenses of operating a Client Account and to reduce the level of administrative time involved in calculating and accounting for interest (which time we would otherwise charge for), we will therefore not pay interest on monies held in our Client Account in any of the following circumstances:
- If we are holding monies (of any amount) for 7 days or less; or
- If the amount of interest otherwise payable would be less than £50.00; or
- If the amount we are holding does not at any time exceed £10,000.00;
By signing these Terms and Conditions of Engagement, or by continuing to instruct us after you have been provided with a copy of (or referred to) these Terms and Conditions of Engagement, you agree to the above arrangements to contract out of the interest provisions of the 2008 Rules (or any replacement thereof), and that the above represents for your particular matter a fair and reasonable arrangement.
If you are not agreeable to the above, or you feel that for your particular transaction the above does not reflect a fair and reasonable arrangement then please contact us to discuss an alternative arrangement.
If we are required to account to you for interest, we will make a charge for the administrative time involved in calculating, authorising and paying over any interest amount.
Legal Aid
Should you feel at any time that you may be entitled to Legal Aid you should advise us immediately so that an application for Legal Aid may be submitted. It is important that any application be submitted as soon as possible as Legal Aid cannot be backdated, and you would remain responsible for all fees and disbursements up to the date of issue of the Legal Aid Certificate. We would advise that Legal Aid is not available to companies. If you are granted Legal Aid you must keep the Legal Aid office advised of any changes in your circumstances.
If you are in receipt of Legal Aid, your legal fees will be paid by the Legal Aid fund. We are still required to agree our fees with you, however, which are as set out in these Terms & Conditions of Engagement. You must keep the Legal Aid Office informed of any changes to your circumstances. Should you cease to be in receipt of legal aid or if your legal aid is revoked you will be liable to pay our fees in accordance with this agreement.
Legal Aid Statutory Charge - If you are successful in retaining or acquiring any assets/funds but do not recover legal costs from the opposing party you may have to repay the amount of Legal Aid received out of the assets/funds you have successfully retained/acquired. A Statutory charge may be placed on the assets /funds you have retained /acquired to secure this liability. Legal Aid should therefore be viewed as being a “loan” that you will have to repay.
Invoicing and Payments
If a matter will be completed in a very short space of time an invoice will be issued upon completion of the matter. Otherwise we will normally periodically issue interim invoices. All invoices are payable on issue and are subject to interest at 12% per annum if not paid within 14 days of the date thereof. Should payment of any fees or disbursements be outstanding we may decline to continue to act further.
Methods of payment – We are able to accept payment of invoices:
By most major debit or credit cards - in person at our office, or by telephone;
By cheque - payable to “ Kelly Luft Stanley & Ashton Limited”;
By bank payment/transfer - details provided on request, and also detailed on our invoices;
Please note – we do not accept payments in cash.
Estimates of Fees
It is difficult at the outset of a matter to give an accurate estimate of the total costs which may be payable. We will always endeavour to keep your costs to a minimum, and to resolve matters as early on and as cost-effectively as possible. By accepting these Terms and Conditions of Engagement you hereby waive your right to an estimate at this time but we will be happy to provide an estimate on request once we have further information, or as the matter progresses.
Deposit on Account of Costs
We may from time to time require deposits on account of costs and may draw on the amount in respect of any fees and/or disbursements incurred or interest accrued thereon.
Annual Review/Increase in Fees.
We reserve the right periodically to review our rates, fees and charges. In the absence of a specific review, our fee rates will in any event automatically be subject to an increase of 4% on and with effect from 1st January in each calendar year.
Recovery of Costs and Payment of Opponent’s Costs
In litigation matters, at the conclusion it may be that you are awarded legal costs against some other party. We would advise, however, that it is unlikely that you would recover the full amount of legal costs which you have been charged, as costs awarded against another party are calculated on a different basis, and are generally awarded at lower rates set by the Courts. Even if you are fully successful, you will be unlikely to recover all of your legal fees.
Whilst the Courts will ordinarily award costs in favour of the successful party, the award of costs is always at the discretion of the Court and cannot be guaranteed in any case. The Court has a very wide discretion and may award all, or some, or none of the costs involved. The Court may fix the amount of costs summarily, or direct costs to be assessed.
The Court will not award costs against a person who is in receipt of Legal Aid. Only in exceptional cases will the Court award costs against the Legal Aid Fund. Accordingly, if the opposing party is in receipt of Legal Aid it is extremely unlikely that you will be awarded any costs even if your case is entirely successful.
If your claim is unsuccessful (or partly unsuccessful), then you may be required to pay the other party’s costs as well as your own.
If costs are awarded in your favour, on your instructions we will seek to recover those costs from the opposing party for you, for example by negotiating a costs figure with the other party, or bringing Assessment Proceedings or taking enforcement action, and we will charge for the time spent in seeking to recover your costs. Please note that where costs are awarded in your favour you will still remain responsible to ourselves for payment of our fees and disbursements – the award of costs against the opposing party simply gives you a right against that opposing party be reimbursed the relevant amount of costs from the opposing party. You will remain liable to us for our fees and disbursements even if you are unable to recover costs from the opposing party, for example if they cannot be traced or are unable to pay.
Small Claims (below £10,000)
Save for a few exceptions, claims involving less than £10,000 are automatically referred to the Small Claims Arbitrator for determination. Advocates have a limited right to appear before the Arbitrator, and litigants will usually be expected to appear in person without legal representation at the hearing. The Arbitrator has a very limited power to award legal costs if you chose to be legally represented. If the Arbitrator does award you costs, it will normally be only at current Legal Aid rates, which are significantly lower than privately funded rates.
Costs of Lawyers From Other Jurisdictions
Where an Advocate is instructed through a firm of Solicitors from another jurisdiction, the Manx Courts will ordinarily only award costs for work undertaken by the Manx Advocate and not for work undertaken by the instructing Solicitors. To a limited extent, costs for work carried out by a Lawyer from another jurisdiction may potentially be recoverable where it is reasonably necessary and appropriate for the Manx Advocate to engage that Lawyer to undertake a particular task as agent for the Manx Advocate, such as taking of witness statements from witnesses who are outside the Island.
Legal Expenses Insurance
We would remind clients to check whether they may have the benefit of legal expenses insurance cover, which may cover their legal costs. This may form part of a house or motoring or other insurance policy – even if your claim has nothing to do with your house or motoring, etc. If you do have legal expense insurance cover it is important that you notify your insurance company without delay, and inform us. Your insurers may require the matter to be dealt with by their own panel of lawyers, or may instruct us. If you prefer us to deal with the matter, please tell your insurers as we may well be on their panel of lawyers. If you do have legal expense insurance, cover will only commence after your insurer has confirmed that cover has commenced to run – it will not normally be back-dated and you will remain liable to us for your fees prior to cover commencing.
Use of Counsel
In the Isle of Man an Advocate acts as both Solicitor and Barrister. Accordingly there will be no additional fees for the employment of a separate Barrister except in the unusual case where an opinion is sought from a specialist Barrister or where an English Barrister is specially licensed on exceptional grounds to appear in the Manx Courts. In either case this would only be done on your specific instructions.
Complaints
If at any time you should feel dissatisfied or feel that you may have cause for complaint you should raise the matter initially with the Advocate dealing with your case. If, after doing so, you are still dissatisfied you should write to “The Complaints Handling Director”, marking your letter “Private & Confidential”, who will seek to resolve matters to your satisfaction. Please set out in as much detail as possible the nature of your complaint, and how you would wish this to be resolved. The Complaints Handling Director will review the file and speak with any relevant members of staff as appropriate and will endeavour to resolve matters to your satisfaction. If a complaint relates to the conduct of a staff member rather than to the work undertaken, the Director may initiate disciplinary procedures at his/her discretion.
Right to Assessment of fees
Your attention is drawn to your rights under Part
Matters outside our Remit - Valuations, Surveys, Financial Advice, Taxation etc
Please note that we are not valuers, surveyors or estate agents, nor are we mortgage advisors, financial advisors, investment advisors, pension advisors, accountants or tax advisors. We do not provide advice in relation to such areas and nothing we may say should be taken as being (or implying) advice in relation to such areas. Should you need advice in relation to such areas you should seek advice from an appropriately qualified person. Our services are strictly limited to the provision of legal services and only in relation to matter of Isle of Man law.
Security and Fraud Warning
Before making any payments to us, you must contact us directly on a number you know to be genuine, to verify our bank account details. Fraudsters target law firms and their customers, and send emails impersonating law firms to obtain confidential information or transfers of funds. Email accounts can be hacked or impersonated. Email is not a secure means of communication – emails can be intercepted and altered during transmission. We will never tell you by email of any change in our banking details, and would always contact you directly in person if we needed to change our bank details.
Fees in Conveyancing Matters
In relation to Sales or Purchases of property, we will usually offer a fixed fee in writing, which will detail what that fee covers, and any additional charges that may apply.
If we have not agreed a fixed fee in writing, then we will charge on the following basis:
Property Sales:
- For the Conveyancing process itself, our fee will be as set out in the scale of fees contained in the Advocates (Conveyancing Fees) Regulations 2000 (or any replacement thereof), which will cover the normal essential aspects of conveying a property; If a sale is required to be undertaken in an exceptionally short space of time, or is of an exceptional or complex nature such that the scale would not be a fair and reasonable return for the services provided, we may charge a mark-up in accordance with the Regulations.
- We will make the following additional charges:
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- £12.50 For obtaining and providing to the Purchaser’s Advocates an official Boundary Map
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- If you have a mortgage that requires to be cancelled on record, we will charge an additional £250.00 plus VAT per mortgage, together with the disbursement in respect of the fee charged by the Deeds/Land Registry applicable at the time. Your bank may also charge you a fee for final redemption of the mortgage.
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- If you are unable to provide your Abstract of Title (copy title deeds) and we carry out searches at the Deeds and/or Land Registries to compile the Abstract of Title for you, this will be charged at our normal hourly rate according to the amount of time involved, along with the disbursements for Deeds and Land Registries fees.
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- If there are additional matters that need to be attended to (for example if an affidavit is required as to use of a right of way, or the death of a joint tenant, or other documents to perfect your Title), these will be charged at our normal hourly rates according to the amount of time involved, along with any disbursements
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- The Additional Fees and Charges as detailed above, for
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- Photocopying
- General Administrative Charge
- Disbursements
- Compliance fee
- Client Account Use fee
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Property Purchases
- For the Conveyancing process itself, our fee will be as set out in the scale of fees contained in the Advocates (Conveyancing Fees) Regulations 2000 (or any replacement thereof), which will cover the normal essential aspects of conveyancing of the property.
- We will make the following additional charges:
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- £12.50 for obtaining an official Boundary Map if we require this;
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- If you are purchasing with the aid of a mortgage we will charge an additional £250.00 plus VAT, together with the disbursement in respect of the recordal/registration fees charged by the Deeds/Land Registry applicable at the time;
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- If issues arise outside the ordinary conveyancing process, we may charge an additional fee at our normal hourly rate, for time spent in dealing with such issues (eg liaising with the Vendor’s Advocate over the issue and seeking to resolve the issue, or seeking to resolve the issue with you). Similarly, if there are other matters that fall outside the normal essential conveyancing process, we may charge at our normal hourly rates for time spent on such matters.
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- The Additional Fees and Charges as detailed above, for
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- Photocopying
- General Administrative Charge
- Disbursements
- Compliance fee
- Client Account Use fee
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Sales and Purchases that do not proceed
- If your sale or purchase does not proceed, for the conveyancing process we will charge a reasonable and proportionate amount of the fees that we would have charged, according to how far through the process the matter had reached, together with such elements of the Additional Fees and Charges as detailed above as are appropriate.
Valuations and Surveys etc – Please note that we are not valuers or surveyors, nor are we mortgage advisors, financial, investment or tax advisors or estate agents. We do not provide advice in relation to such areas and nothing we may say should be taken as being or implying advice in relation to such areas. Should you need advice in relation to such areas you should seek advice from an appropriately qualified person. Our services are limited to the provision of the legal services outlined above in connection with the conveyancing process of your transaction. We do not give any warranty or assurance as to the values of property, marketability or the general advisability of proceeding with a sale or purchase.
Law and Jurisdiction
Our Contract with you will be governed by and construed in accordance with Isle of Man Law and the Isle of Man Courts will have jurisdiction to determine any dispute which may arise in relation to the contract between us.
Data Protection
We take protection of your data very seriously. You will find details of how we collect and use your data within the Data Protection & GDPR notice (attached to these terms, or available on request).
I confirm I have read and agree to these Terms and Conditions of Engagement.
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Kelly Luft Stanley & Ashton Ltd DATA PROTECTION & GDPR |
This policy sets out basic information as to the company’s policy under the GDPR as to the processing of data.
Data Controller
The Data controller is Kelly Luft Stanley & Ashton Limited, also trading as Kelly Luft Stanley & Ashton and Kelly Luft (“the Company“).
The Company is an incorporated legal practice regulated by the Isle of Man Law Society and is accordingly bound by strict rules of professional conduct and confidentiality of client data.
Processing of data
Personal data is primarily processed for the purpose of providing legal services in respect of which the Company is instructed by clients. Additionally, data may be processed for the purposes of accounting, billing and in connection with the performance of the contract entered into between the Company and its client, making and receiving payments on both Client Account and Office Account, and in complying with the Company’s legal requirements and obligations, which may include the processing of data through or with agents, other legal professionals, experts and governmental authorities.
Data may also be processed for the purposes of compliance with Anti-Money-Laundering (AML) and Counter-Financing of Terrorism (CFT) compliance, regulatory compliance, banking requirements including the regulatory compliance requirements of the Company’s bankers, the identification and verification of Client Due Diligence, and compliance with the lawful requirements of taxation authorities and governmental bodies.
Data may also be processed in relation to individuals employed by the Company or engaged as consultants or whose services the Company otherwise utilises primarily for the purpose of fulfilling the contractual and regulatory functions of the Company, including processing of salaries and remuneration, invoicing and taxation, training and accounting.
Data processed by the Company may include Special Category data, and in particular data as to medical and health records and criminal records. By instructing the Company to carry out legal services clients in respect of whom Special Category data is processed consent to the processing of such Special Category data for the purposes for which it is provided.
CCTV and security of data
The Company operates a CCTV system which may be monitored and recorded, for the prevention and detection of crime, and the safety and security of staff and the premises.
The Company’s premises will be kept reasonably secure.
The Company will take such steps as may reasonably be necessary as to ensure that Data will be kept securely.
The Company will take such steps as may be reasonably be necessary to ensure the integrity of its data processing systems and the security of electronic systems, including the use of appropriate software.
Data will be kept confidential in accordance with usual legal professional confidentiality and processed for the purposes for which that data was provided.
Retention of Data
Data will be kept for a minimum period of 6 years from the closure of the file in order to comply with record keeping requirements. Thereafter data will be destroyed on a rolling basis, but data may be kept for up to a maximum of 22 years (to accommodate limitation periods under the Limitation Act 1984).
Physical records are likely to be destroyed within a shorter time-frame than the maximum period. Electronic data may be retained for longer periods. At client’s request data may be kept for longer periods for the assistance of clients who wish to retain data for subsequent reference.
Request for Data
Individuals may request data held in relation to that individual (subject always to client confidentiality, regulatory restrictions and legal requirements) by writing to Data Controller, Kelly Luft Stanley & Ashton Limited, 2 Sydney Mount, Douglas, Isle of Man, IM1 1QD. Data will be provided free of charge and ordinarily within a maximum of 1 month from the date upon which the request is received. The Company may request verification of identify before complying with requests in order to ensure that confidentiality of data is properly maintained.