These Terms of Business set out the basis on which Cooper Nimmo Ltd will act for you. They apply to all work we do for you and should be read alongside the engagement letter for your matter and any specific terms we agree with you in writing. If there is any inconsistency between these Terms of Business and your engagement letter, the engagement letter takes precedence.
If anything in these terms is not clear, please contact the person handling your matter and we will be happy to explain.
1. About us and how we are regulated
Cooper Nimmo Ltd is a limited company registered in England and Wales. Our registered office is at 237 Church Street, Blackpool, Lancashire, FY1 3PB. We are authorised and regulated by the Solicitors Regulation Authority (SRA). Details of the Standards and Regulations that apply to us are available at sra.org.uk.
Our Directors are Joanne Strickland and Helen Akeroyd. Joanne acts as Compliance Officer for Finance and Administration (COFA) and Money Laundering Reporting Officer (MRLO). Helen acts as Compliance Officer for Legal Practice (COLP) and heads our Family and Children Law department.
2. Our services and scope
We will carry out the work described in your engagement letter. Unless expressly agreed in writing, we do not advise on tax, financial planning, commercial viability, or the law of jurisdictions other than England and Wales, even where a relevant issue arises during the course of our work together. If you need advice on any of these, you should seek separate specialist advice.
Any advice we give is provided for your use only and is specific to the matter and to the facts and circumstances at the time it is given. You must not share our advice with anyone else or rely on it for any other purpose without our prior written consent.
3. Our people and who will act for you
Your engagement letter will confirm who will have day-to-day conduct of your matter, their status, and who supervises them. We may share the work between members of the team where this is efficient for you, and we will let you know if there is any material change to the people handling your matter.
4. Communicating with you
We will normally communicate with you by post, telephone and email, and by any other means you tell us you prefer. Email is not a secure form of communication. Where a matter is sensitive we may agree to an alternative method of communication with you.
We will not accept instructions to change bank account details, transfer funds, or take any similarly sensitive step by email alone. If you receive an email that appears to come from us but asks for money to be sent to a new account, please contact us by telephone on 01253 626793 before acting on it. Our bank account details will not change during the course of your matter.
5. Fees, disbursements and VAT
Your engagement letter will set out how our fees for your matter will be calculated. This may be:
- a fixed fee, where the scope of work is well defined;
- a fee based on time spent, at the hourly rates set out in your engagement letter; or
- a combination of the above.
Where our fees are based on time, we record time in units of six minutes. We reserve the right to review our hourly rates from time to time, and we will notify you in writing before any change applies to your matter.
In addition to our fees, you may need to pay disbursements. Disbursements are costs payable to third parties on your behalf, such as search fees, Land Registry fees, court fees, expert fees, and — where applicable — Stamp Duty Land Tax. We will tell you in advance about any significant disbursement and, where possible, ask you to place funds on account before we incur them.
All our fees are subject to VAT at the applicable rate. VAT may also apply to some disbursements.
If, during the course of your matter, it becomes clear that the estimate given at the outset is likely to be exceeded, we will let you know as soon as reasonably practicable and discuss the position with you before further work is carried out.
6. Money on account and interim bills
We may ask you to pay money on account of fees and disbursements before or during your matter. Money on account is held in our client account until it is used to meet fees, disbursements or Stamp Duty Land Tax.
For matters that continue over a period of time, we may deliver interim bills as the work progresses. Interim bills are final bills for the work covered by them and are payable in accordance with the payment terms set out below.
7. Payment terms
Our bills are payable within 14 days of the date of the bill unless we agree a different arrangement with you in writing.
If a bill is not paid by the due date, we reserve the right to charge interest on the outstanding amount at the rate applicable to judgment debts under the Judgments Act 1838 (currently 8% per year), from the date the bill was payable until payment is received.
If a bill remains unpaid, we may:
- suspend further work on your matter;
- exercise a lien over any papers, documents or funds we hold on your behalf, until payment is received; and/or
- take steps to recover the amount owed, including through the courts.
You have the right to challenge or complain about a bill — please see our Complaints Procedure. You also have the right to apply to the court for an assessment of a bill under Part III of the Solicitors Act 1974.
8. Client money
Any money we receive on your behalf will be held in our client account, in accordance with the SRA Accounts Rules. We are required to pay a fair sum in lieu of interest on money we hold for you in accordance with our client account interest policy, a copy of which is available on request.
9. Anti-money laundering and identity verification
We are required by law to verify the identity of our clients and, in some cases, the source of the funds used in the transaction. We may ask you to provide documents or to complete an electronic identity check before we can take instructions or receive funds. We may not be able to proceed with your matter until these checks are complete.
We are also required to make reports to the National Crime Agency in certain circumstances. If we are required to make a report, we may be prevented by law from telling you that we have done so, and this may delay your matter.
10. Conflicts of interest
Before we accept instructions, we carry out a conflict check. If a conflict of interest arises during your matter that means we cannot continue to act for you, we will let you know as soon as possible and — where possible — help you find alternative representation.
11. Confidentiality and use of your information
Everything you tell us is treated in confidence. We will only disclose information about you or your matter with your consent, or where we are required to do so by law, regulation, our professional obligations or a court order.
We may use trusted third-party suppliers (such as cloud software providers, cost draftsmen, expert witnesses, secure storage and destruction providers, and legal technology suppliers, including those that provide artificial intelligence tools) to help us deliver your matter. Those suppliers are required to keep your information confidential and to use it only for the purposes for which we have engaged them.
More information about how we handle your personal data is set out in our Privacy Notice.
12. Storage and destruction of files
After your matter is completed, we will keep your file for the period set out in our Data Retention Policy — in most cases, for a minimum of six years. During that period, your file will be stored securely but will not be actively worked on. We may store files electronically and destroy paper originals, except where the original document must be retained. After the retention period expires, we may destroy your file without further notice to you.
If we hold original documents belonging to you (for example, a signed Will or original deeds), we will store them separately in accordance with the arrangements we agree with you at the time. There is no charge for standard storage.
13. Termination
You may end our retainer at any time by giving us notice in writing. We may end our retainer if we have good reason to do so — for example, if you do not provide us with information or funds we have requested, if you ask us to act in a way that is inconsistent with our professional obligations, or if a conflict of interest arises. Where we end the retainer, we will give you reasonable notice.
If our retainer ends for any reason, you will remain liable for our fees and disbursements for work done up to the date of termination, together with any reasonable costs of transferring the file to another adviser.
14. Complaints
We are committed to providing a high-quality service. If you are unhappy with any aspect of the service we have provided, please raise your concerns with the person handling your matter in the first instance. If they cannot resolve the matter, please contact Joanne Strickland or Helen Akeroyd — our full Complaints Procedure explains how we handle complaints, the timescales that apply, and your rights to refer a complaint to the Legal Ombudsman.
15. Limitation of liability and professional indemnity insurance
Our liability to you is limited as set out in our Limitation of Liability and Professional Indemnity Insurance page. Please read that page carefully. It applies to all work we do for you unless we agree different arrangements with you in writing at the outset of your matter.
16. Third-party rights
A person who is not a party to your engagement with us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms of Business or your engagement letter.
17. Data protection
We are the data controller for the personal data we process about you. How we use that information, on what basis, and your rights in relation to it, are set out in our Privacy Notice. If you have any questions about how we handle your personal data, please contact us.
18. Equality and diversity
We are committed to treating our clients fairly and to promoting equality and diversity in everything we do. If you have any accessibility requirements or need us to communicate with you in a particular way, please tell us and we will do what we reasonably can to accommodate you.
19. Governing law and jurisdiction
These Terms of Business, and any engagement or work we carry out for you, are governed by the law of England and Wales. Any dispute in connection with our work is subject to the exclusive jurisdiction of the courts of England and Wales.
20. Changes to these terms
We may update these Terms of Business from time to time. The version that applies to your matter is the version in force when we accept your instructions, unless we agree an updated version with you in writing.
Contact
If you have any questions about these Terms of Business, please contact us:
- Email: enquiries@coopernimmo.co.uk
- Phone: 01253 626793
- Post: Cooper Nimmo Ltd, 237 Church Street, Blackpool, FY1 3PB