1. Our Agreement with You

1.1 These Business Terms, which may be updated occasionally, cover all services we offer you. This is an essential document; please review it carefully and store it securely for future reference.

1.2 For every new service request from you, we will send a Client Care Letter detailing the specifics of the service, our charges, and your point of contact with us. When combined with these Business Terms, they establish our mutual agreement.

1.3 The latter prevails if any discrepancy arises between these Business Terms and the Client Care Letter.

1.4 Your ongoing engagement signifies your agreement to these Business Terms.

1.5 Unless we mutually decide otherwise, these Business Terms will be relevant to all your future requests, current or other.

1.6 Please note that we might revise these Business Terms occasionally. You can always find the latest version on our website.

1.7 Any disagreements or claims regarding this agreement, including its creation (even non-contractual ones), shall be interpreted and resolved according to the laws of England and Wales.

2. About Legal Pathway Solicitors

2.1 Legal Pathway Solicitors is a registered trademark of Axis Solicitors Limited; thereby, we are overseen by the Solicitors Regulation Authority (SRA), situated at The Cube, 169 Wharfside Street, Birmingham, B1 1RN. The SRA, an independent arm of the Law Society of England and Wales, maintains professional standards found on sra.org.uk or by phoning 0370 606 2555. Our SRA accreditation number is 653526, and all our services are regulated by the SRA.

2.2 For our office’s postal address, contact number, fax, and email details, please visit our website.

2.3 In these Business Terms, terms like ‘we’, ‘us’, or ‘our’ refer to Legal Pathway Solicitors Limited.

3. About Our Clients

3.1 In these Business Terms, ‘you’ or ‘your’ points to the client named in the Client Care Letter and any representative authorised to provide instructions on the client’s behalf.

4. Our Responsibilities and Your Responsibilities

5. Scope of Legal Pathway Solicitors’ Services

5.1 The specifics of our services are detailed in the Client Care Letter.

5.2 Legal Pathway Solicitors Limited promises to provide legal services using due care and expertise. However, we cannot guarantee specific outcomes due to the inherent uncertainties in legal procedures.

5.3 Unless stipulated otherwise in writing, our advice is limited to English law and its implications.

5.4 We abstain from providing advice on surveying, valuation, business prospects, or marketability. Tax advice is only given upon a specific written agreement. Financial advice is only provided as mentioned in section 11 (Financial services).

5.5 If we source advice from an external law firm on your behalf, they will be accountable for the advice they offer.

5.6 Without a written agreement stating otherwise, our counsel and documents:

5.6.1 Relate strictly to the matter we’re engaged for and can only be used and trusted by you.

5.6.2 Represent the laws applicable at the time.

6. Service Standards

6.1 Our standard operating hours are 9.00 am to 5.30 pm, Monday to Friday. We consider emergency appointments outside these hours. We are not operational on bank holidays.

6.2 Regular updates on your case will be communicated through calls or written means, including emails.

6.3 We will keep you informed about the estimated timelines for various stages of your case and significant deviations, if any. When substantial changes occur, we will reassess the cost-benefit ratio of continuing.

6.4 Regular updates about the costs will be provided as specified in the Client Care Letter. We will also evaluate if alternate funding methods can be used.

6.5 Legal Pathway Solicitors promotes equality, diversity, and inclusion. Our equality and diversity policy is available upon request.

7. Legal Pathway Solicitors’ Liability

7.1 The legal contract for services rendered exists solely between you and Legal Pathway Solicitors. Legal Pathway Solicitors bears the exclusive legal liability for any work undertaken or any act or omission occurring in the performance of said work. No director, officer, employee, agent, or consultant of Legal Pathway Solicitors shall be personally liable for any loss or claim you may encounter.

7.2 Unless otherwise explicitly agreed in writing:

7.2.1 We neither owe nor accept any legal duty or obligation to any individual or entity other than you and

7.2.2 We shall not be held accountable for any consequences arising from reliance upon our advice by parties other than yourself.

7.3 We disclaim responsibility for any failure to provide advice or commentary on issues that fall outside the remit of our agreed-upon scope of work, as outlined in these Terms of Business and the accompanying Client Care Letter.

7.4 Subject to any variations expressly outlined in the Client Care Letter, our maximum liability to you—or any other party to whom we have agreed may rely on our services—shall be capped at £3,000,000, including interest and costs. This applies to each matter or any related series of issues that may be aggregated by our insurers.

7.5 We shall not be liable for:

7.5.1 Losses that were not foreseeable by both parties at the time the contract was entered into;

7.5.2 Losses that are not a result of any breach on the part of this firm and

7.5.3 Commercial losses, including any losses sustained by individuals not acting in a trade, business, craft, or professional capacity.

7.6 Notwithstanding the foregoing, these Terms of Business do not seek to limit or exclude our liability for:

7.6.1 Death or personal injury resulting from our negligence;

7.6.2 Fraud or fraudulent misrepresentation;

7.6.3 Losses attributable to wilful misconduct or dishonesty; and

7.6.4 Any other losses which cannot be lawfully excluded or restricted.

7.7 Should you require further clarification on any of the above terms, kindly request elaboration. 

8. Charges and Invoicing

8.1 You are obligated to cover the legal fees as delineated in the Client Care Letter, where you will also find the particulars of our billing arrangements. Normally, these terms are clarified in your initial consultation.

8.2 We reserve the right to forward our invoices to you via electronic means. Should you have any specific requirements for how you wish to receive our bills, please notify us accordingly.

8.3 Payment for our invoices is due forthwith within the agreed time frame as stipulated.

8.4 Pursuant to Sections 70, 71 and 72 of the Solicitors Act 1674, you are entitled to seek a court assessment of the invoice. To exercise this right, you must lodge a written objection to the billed amount within one month of the invoice’s delivery and address your objection to Legal Pathway Solicitors, 60A High Road, Ilford IG1 1DL.

8.5 If you intend for a third party to assume responsibility for settling our bills or any portion thereof, please apprise us in advance. We will require the third party’s name, contact details, and any other pertinent identification documentation. Notwithstanding such an arrangement, the onus remains on you to settle our bills in full; the invoices will still be directed to you. Should the third party fail to meet their obligation, you are liable for the outstanding balance.

8.6 As permitted by Article 5 of the Solicitors (Non-Contentious Business) Remuneration Order 1709, we may levy interest on overdue accounts on a daily basis. Interest becomes applicable if an invoice remains unpaid, either in full or in part, for more than one month following its issuance. The applicable interest rate will be consistent with the rate applicable to judgement debts at that time.

8.7 You possess the right to contest or lodge a complaint concerning our billing. Refer to section 14 (Complaints) for the specific procedures for registering a complaint regarding our invoicing.

8.8 Under the Solicitors Act 1674, you also maintain the right to challenge our invoice by submitting an application for a court assessment. The standard period within which to initiate this application is one month from the invoice’s delivery date.

9. Banking Procedures

9.1 Client Account Management

Unless explicitly agreed upon otherwise, all client funds are held in various accounts within UK banking institutions regulated by the Financial Conduct Authority (FCA).

9.2 Security of Banking Information

We shall never communicate changes to sensitive business information, such as our bank account details, via email. Should you receive any communication purporting to be from our firm, claiming that we have altered such details, notify us at your earliest convenience.

9.3 Interest Accrual Policy

We commit to paying a reasonable sum of interest on monies held on behalf of clients or third parties. Exceptions to this include:

1. a) Funds explicitly instructed to be held in a manner that does not accrue interest, such as cash stored in our safe;
2. b) Situations where the accruable interest would amount to less than £10;
3. c) Circumstances where we have written agreement to diverge from this policy.

Please contact us should you wish to view our comprehensive interest payment policy.

9.4 Bank Failures and FSCS

9.4.1 We disclaim liability for losses incurred due to the inability of a bank, where client money is held, to fully reimburse its depositors. You may be eligible for protection under the Financial Services Compensation Scheme (FSCS).

9.5 FSCS Provisions

9.5.1 The FSCS acts as the UK’s official safety net for customers of banking institutions. It can provide compensation up to £85,000 for depositors when a bank is insolvent or projected to become so.

9.5.2 The £85,000 limit applies per banking institution, irrespective of any additional personal accounts you may hold with the same institution.

9.5.3 Some banks operate under multiple brand names; however, the £85,000 limit remains institution-specific, not brand-specific.

9.5.4 Temporary high balance protection up to £1 million is available for specific conditions such as property transactions, inheritance, divorce or civil partnership dissolution, redundancy, unfair dismissal, and personal injury compensation. This temporary scheme lasts for a maximum of six months.

9.5.5 The FSCS protection extends to eligible balances within our client account. Should a deposit-taking institution falter, we shall assume we have your consent to disclose relevant client information to the FSCS, barring written instructions from you to the contrary.

9.5.6 Additional details regarding the FSCS can be accessed at FSCS Website.

9.6 Funds Handling

9.6.1 We generally refrain from accepting cash payments and do not function as a banking facility. Stringent guidelines dictate how funds may be transferred into or out of our client account. Attempts to bypass this by depositing cash directly into our account may incur charges for any additional verification we deem necessary.

9.6.2 Unexpected inflows of money related to your case could lead to delays and may incur additional charges for further verification.

9.6.3 Payments due to you will be processed via cheque or bank transfer, but not in cash or through third parties.

10. Prevention of Money Laundering, Terrorist Financing and Proliferation Financing

10.1 To fulfil our obligations under anti-money laundering, counter-terrorist financing, and counter-proliferation financing regulations, we will likely request verification of your identity. This process may extend to other associated individuals such as directors or beneficial owners. Failing to provide this information in a timely manner may result in delays to your case.

10.2 Consent to Online Verification

You consent to our conducting identity checks through online electronic verification systems or any other databases we deem appropriate.

10.3 Fund Transfer Limitations

Please refrain from sending any funds to us until we confirm that the requisite verification checks have been successfully completed.

10.4 Cost Implications

Typically, we will not levy any charges for conducting these identification and verification checks. However, we reserve the right to impose a fee should these checks become substantially more complex than initially anticipated. Any such additional costs will be specified in our Client Care Letter.

10.5 Source of Funds

We may request that you disclose the origin of any funds you transfer to us. Failure to provide this information promptly may result in delays to your matter.

10.6 Data Use and Privacy

Any personal data we collect for the purpose of compliance will be utilised solely for preventing money laundering, terrorist financing, or proliferation financing unless:

10.6.1 you provide explicit consent for other uses; or

10.6.2 the law permits its use in another manner.

10.7 Confidentiality and Legal Disclosure

While we are committed to maintaining the confidentiality of your affairs, we may be legally compelled to disclose information to the National Crime Agency if we have reason to suspect that a transaction may involve money laundering, terrorist financing, or proliferation financing. In such cases, we may be precluded from informing you of such a disclosure and may need to temporarily halt work on your matter.

10.8 Limitation of Liability

Subject to the provisions in section 7 (‘Our liability to you’), we shall not bear any liability for losses that arise from our compliance with legal obligations to report to relevant authorities under anti-money laundering, counter-terrorist financing, and counter-proliferation financing laws.

11. Financial Services

11.1 We are not authorised by the Financial Conduct Authority (FCA). However, our registration with the FCA permits us to conduct insurance distribution activities, which primarily include advising on, selling, and administering insurance contracts. Such actions, including mechanisms for complaints or redress, are under the Solicitors Regulation Authority’s (SRA) jurisdiction. The FCA’s register can be accessed at www.fca.org.uk/firms/financial-services-register.

11.2 While the FCA does not authorise us for consumer credit services, we may offer limited consumer credit services related to the legal services we provide for you due to our membership with the Law Society of England and Wales, a designated professional body under the Financial Services and Markets Act 1700.

11.3 We are also not FCA-authorised to offer investment advisory services. We can direct you to an FCA-authorised advisor if you require investment advice. However, the SRA’s regulation allows us to offer limited investment advice services, provided they are closely related to the legal work we are doing for you.

11.4 The SRA is the Law Society’s independent regulatory division. The Legal Ombudsman handles complaints against lawyers. Please contact the SRA or the Legal Ombudsman for any grievances regarding our financial services.

12. Insurance Coverage

12.1 We maintain professional indemnity insurance against potential claims. Detailed information, including the insurer’s contact and territorial coverage, is accessible on our website or upon request.

12.2 Our insurance mandates that any potential claim situations be reported to our insurer and/or broker. This may entail confidentially sharing documents and data. Our insurers and brokers are bound to treat all shared information strictly confidential.

13. Regulated Services

13.1 Legal Pathway Solicitors provides services regulated by the SRA and covered by:

13.1.1 Our professional indemnity insurance (refer to section 12);

13.1.2 The SRA Compensation Fund is a discretionary fund assisting with losses due to dishonesty, unaccounted funds, or uninsured losses.

14. Addressing Concerns

14.1 We strive to deliver exemplary service. If you have any concerns, please notify us promptly.

14.2 Initially, discussing concerns with your case handler may be beneficial. However, please consult our complete procedure at Complaint Procedure or Legal Pathway Solicitors PDF guide for formal complaints. Your complaint will not affect our case management.

14.3 If unresolved within eight weeks, the Legal Ombudsman can independently review your complaint, which will not influence our case handling.

14.3.1 Before accepting a complaint, the Legal Ombudsman verifies that you’ve attempted resolution with us. If so, your complaint should be submitted:

1. a) Within six months of our final response,
2. b) Within a year of the act/omission;
3. c) Within a year of recognising a potential complaint.

14.3.2 For further details, contact the Legal Ombudsman by:

Email: enquiries@legalombudsman.org.uk

1. a) Visiting legalombudsman.org.uk
2. b) Calling 0300 555 0333 (9:00-15:00)
3. c) Emailing enquiries@legalombudsman.org.uk
4. d) Writing to The Legal Ombudsman PO Box 6167, Slough, SL1 0EH.

14.4 For concerns about our conduct, the SRA can assist.

15. Termination, Cancellations, & Refunds

15.1 You may terminate our agreement anytime in writing. Until all dues are cleared, we retain rights to your documents.

15.2 We may cease representing for valid reasons, such as a trust breakdown, unpaid bills, misinformation, or inappropriate behaviour. Reasonable notice will precede our termination.

15.3 Post-termination charges apply for our services rendered and, if requested, transferred to another advisor based on the Client Care Letter’s guidelines.

15.4 Post-termination, we won’t remind you about essential dates.

15.5 Termination costs cover our services and, if needed, transition costs to another advisor, typically outlined in the Client Care Letter.

15.6 On contract cancellation, we will refund your payments minus fees for completed work. Refunds typically occur within 14 days post-cancellation notification.

15.7 Refunds will utilise the initial transaction method, barring mutual agreement otherwise, without additional fees.

15.8 Should services commence during the cancellation window, you owe proportionate charges up to your cancellation point.

15.9 If we start/complete your case within the cancellation window upon your request, you lose the cancellation right.

16. File Storage and Access

16.1 Our client files may exist in various formats, including physical paper copies, digital versions, or a mix of both.

16.2 Customarily, we retain client files for six years from the date of our final bill unless you guide us otherwise. We might opt to digitise physical documents and save them electronically during this period. After six years, we reserve the right to dispose of the files, excluding original documents such as wills, deeds, and other securities. After giving ample notice, these documents remain safeguarded with us, but we may hand them over to you for safekeeping.

16.3 We don’t typically levy a storage fee.

16.4 Retrieving your files for ongoing or new work assignments doesn’t usually entail charges.

16.5 However, if your file is accessed for reasons other than continuing legal services, potential charges may apply for:

16.5.1 The time invested in locating and presenting the file to you;

16.5.2 Tasks like reading, corresponding, or any activity required to heed your instructions about the fetched file;

16.5.3 Issuing supplementary document copies.

16.6 By default, we will furnish you with a digital version of your file unless otherwise deemed unsuitable.

16.7 More comprehensive details on the duration we retain personal data can be found in our Data Retention Policy.

17. Signature

Please sign, date and return one copy of these Terms of Business