1. ABOUT FOX WILLIAMS LLP
1.1. Fox Williams LLP is a limited liability partnership registered in England and Wales under number
OC320160. Its registered office is at 10 Finsbury Square, London EC2A 1AF.
1.2. Fox Williams LLP is authorised and regulated by The Solicitors Regulation Authority in the United
Kingdom (“SRA”). The SRA is the independent regulatory arm of the Law Society of England and
Wales, our professional body. The firm’s SRA number is 443899. The contact details for the SRA are
(postal address) The Cube, 199 Wharfside Street, Birmingham B1 1RN, (email)
contactcentre@sra.org.uk; (telephone) 0870 606 2555. Our professional rules may be accessed at
www.sra.org.uk/solicitors/standards-regulations
1.3. Our VAT registration number is GB 152 2933 23.
1.4. References to these “Terms” are references to this document as updated by us from time to time.
1.5. References in these Terms and in any Client Agreement or Work Schedule to “Fox Williams”, “we”,
“our”, “us” and the “firm” are references to Fox Williams LLP.
1.6. We use the word “partner” to refer to a member of Fox Williams LLP. No reference to a “partner”
is to imply that any person is carrying on business with others in partnership.
1.7. Where we say ‘you’ or ‘your’ in these Terms, we mean the client identified in the Client Agreement
and anyone authorised to give instructions on that client’s behalf.
2. ABOUT THESE TERMS: OUR CONTRACT WITH YOU
2.1. These Terms, along with any Client Agreement and Work Schedule, set out the basis on which we
propose to provide our professional services to you. Together, they form the terms of the contract
between you and us. These Terms shall also apply to any future engagement unless we agree
different terms. If there is a conflict between these Terms and our Client Agreement or Work
Schedule, these Terms will prevail, unless the Client Agreement or Work Schedule expressly
overrides them. These Terms may not be varied unless agreed by a partner for Fox Williams in
writing.
3. WHO IS RESPONSIBLE FOR YOUR MATTER
3.1. Every client has a relationship partner who is the primary contact for all the client’s dealings with
the firm. You should always feel able to contact your relationship partner, even though he or she
may not be personally involved in advising on an individual matter.
3.2. Depending on the legal expertise required, other partners and lawyers (including lawyers who are
employed by a subsidiary company of Fox Williams) may be introduced to work on a specific
matter. We shall let you know the name and status of the partner or lawyer who has the day-today conduct of a matter.
3.3. You agree that Fox Williams is solely responsible for work done, not the partners, consultants or
employees of the firm. In engaging Fox Williams to provide services, you are engaging the LLP of
that name, and no partner, consultant or employee of Fox Williams will have any personal liability
(including in negligence) for the conduct of the work you instruct us to carry out. In particular, the
fact that an individual partner, consultant or employee signs in his or her own name any letter, email
or other document in the course of carrying out that work does not mean he or she is assuming any
personal liability. You and we intend that this provision is for the benefit of, and shall be enforceable
by, the firm’s partners, consultants and employees under the Contracts (Rights of Third Parties) Act
1999.
4. SCOPE OF OUR RESPONSIBILITY
4.1. Our Client Agreement and Work Schedules set out what legal services we are to provide.
4.2. We shall provide legal services to you with reasonable skill and care. However, please be aware that
the nature of legal work is such that it is not possible to guarantee a particular outcome.
4.3. We shall, subject to our overriding duty to the court, act at all times professionally and in your best
interests, keep your affairs strictly confidential, endeavour to understand your expectations and
explain to you the risks and benefits of taking legal action.
4.4. We shall do our best to meet any deadlines and to progress the matter as quickly and efficiently as
possible. However, the nature of many types of legal work is such that it is difficult to forecast
accurately how long a matter may take to complete. Often the pace at which a matter proceeds will
depend on the degree of co-operation we receive from the person with whom you are dealing, that
person’s advisers and other parties involved.
4.5. We advise only on English law and European Union law to the extent that it has any bearing on
English law. We can arrange assistance on foreign law from our correspondent lawyers in other
jurisdictions. If you ask us to obtain advice from a foreign lawyer, we will use reasonable skill and
care in selecting and appointing the foreign lawyer and, provided that we do so, we will not be
responsible for the service and advice they provide.
4.6. We offer legal advice but (except as described in sections 29 and 30) not financial or investment
advice. It is not our role to advise on the commercial or financial merits of any matter. In providing
our services we will not (unless we agree with you in writing that we will do so) investigate the
financial standing of any person connected with any matter or investigate or make any
recommendation as to the commercial or financial viability of any matter. You are responsible for
all matters of commercial judgement in connection with any matter. We only advise on tax when we
have expressly agreed in writing to do so. We do not advise on inheritance tax or on the taxation of
trusts or settlements.
4.7. The advice we give is confidential and for your exclusive use and benefit. No-one other than you is
entitled to rely on our advice. You agree not to make our work available to third parties without our
written permission and we accept no responsibility to third parties for any aspect of our services
that is made available to them. Save as set out in paragraph 8 below, no third party rights are created
by these Terms or our Client Agreement or Work Schedules in the absence of express agreement to
the contrary.
4.8. Unless otherwise agreed in writing, our advice and the documents we prepare are for use only in
connection with the specific matter on which we are instructed and reflect the law in force at the
relevant time.
5. YOUR RESPONSIBILITIES AS THE CLIENT
5.1. You agree:
5.1.1. to give us clear, timely, accurate and complete instructions that allow us to do our work
properly;
5.1.2. to provide in a timely manner all documentation required for the matter on which we are
advising and to preserve all documents (including emails) relevant to the matter, even
where harmful to you, and to bring these to our attention;
5.1.3. to review our advice and any documentation we produce carefully to ensure that it is in
accordance with your requirements; it is important that you let us know if there is any
additional information which might be relevant to the matter and which may have a
bearing on the advice given or document drafted;
5.1.4. to take responsibility for disseminating to all relevant people advice and information we
give to the person who is identified, or identifies himself as, the point of contact for the
client;
5.1.5. to co-operate with us, attend as necessary on any expert, counsel, third party and at any
court hearing;
5.1.6. not to ask us to work in an improper or unreasonable way, or to mislead us;
5.1.7. to pay our fees and expenses in accordance with these Terms and any Client Agreement
and Work Schedule
5.1.8. to make yourself aware of the risks of cyber-crime in the context of instructing law firms,
and take adequate steps to mitigate the risks (see Communications and Cyber Crime
Warning at paragraph 20 below).
6. LIABILITY TO PERSONS WHO ARE NOT THE CLIENT
6.1. We shall have no liability to any person except you and any third parties to whom our advice is
expressly addressed. Save as expressly mentioned in these Terms, no third party rights are created
by these Terms, any Client Agreement or any Work Schedule, whether under the provisions of the
Contracts (Rights of Third Parties) Act 1999 or otherwise. Unless we agree otherwise expressly and
by a partner in writing, no other party may rely on our advice. The granting of such agreement may
be subject to payment of an additional fee.
7. LIMITATION OF OUR LIABILITY
7.1. References in these Terms to our liability include every kind of liability arising under or in connection
with our engagement including but not limited to liability in contract, tort (including negligence),
misrepresentation, restitution or otherwise.
7.2. Liability limit: Subject to paragraph 7.8, our liability in respect of any one claim shall be limited to
the amount set out in our Client Agreement or Work Schedule or, if no such amount is set out, shall
be limited to the sum of £10 million. This limit on our liability shall apply regardless of the number
of persons who comprise our client for any particular matter.
7.3. Exclusion of remote loss: Subject to paragraph 7.8, we shall not in any event be liable for following
types of loss:
7.3.1. loss of goodwill,
7.3.2. loss of business,
7.3.3. loss of anticipated profit or saving, or
7.3.4. any indirect or consequential loss.
7.4. Proportionate liability: Subject to paragraph 7.8, if we are jointly, or jointly and severally, liable to
you with any other party we shall only be liable to pay you the proportion of your losses which is
found to be fairly and reasonably due to our fault. We shall not be liable to pay you the proportion
which is fairly and reasonably due to the fault of another party.
7.5. Effect of limitation or exclusion of liability you agree with another person: We could be affected
by any limitation or exclusion of liability which you agree with another of your advisers or any other
third party in connection with a matter on which we are acting for you. This is because such a
limitation or exclusion of liability might also operate to limit the amount which we could recover
from that other person, for example by way of contribution. Subject to paragraph 7.8, you agree
that we shall not be liable to you for any increased amount thereby payable by us, or for any amount
which we would have been entitled to recover from another of your advisers or other third party by
way of indemnity, contribution or otherwise, but are unable to recover because of that limitation or
exclusion of liability.
7.6. Making a claim against another person who is or may be liable: Subject to paragraph 7.8, if
there is another adviser or person who is liable (or potentially liable) to you in respect of the same
loss as you claim from us then you will at our request join that person in any proceedings brought
against us as soon as reasonably practicable following our request. This is subject to any legal
prohibition against your joining them in that way.
7.7. Complying with our obligations under the anti-money laundering legislation: Subject to
paragraph 7.8, we shall not be liable for any loss arising from or connected with our compliance with
any statutory obligation which we may have, or reasonably believe we may have, to report matters
to the relevant authorities under the provisions of the anti-money laundering legislation.
7.8. Qualification to limitation of liability: Nothing in these Terms excludes or restricts liability for:
7.8.1. any one claim in an amount (exclusive of defence costs) less than the minimum level of
professional indemnity insurance cover required by the Solicitors Indemnity Insurance
Rules from time to time. The amount of such minimum level of cover as at April 2024 was
£3 million for a corporate body;
7.8.2. death or personal injury caused by our negligence;
7.8.3. losses caused by the fraud or reckless disregard of professional obligations committed
by any partner, consultant or employee of the firm within the course of practice;
7.8.4. losses from liabilities which cannot be limited or excluded by law or by rules of
professional conduct in force from time to time;
7.8.5. losses caused when acting for you in a ‘contentious business agreement’ within the
meaning of section 87 of the Solicitors Act 1974.
7.9. One claim: When considering what may be regarded as one claim for the purposes of this clause,
all claims arising from:
7.9.1. one act or omission;
7.9.2. one series of related acts or omissions;
7.9.3. the same act or omission, in a series of related matters or transactions;
7.9.4. similar acts or omissions, in a series of related matters or transactions,
will be regarded as one claim.
7.10. Severance: Each of the above limitations constitutes a separate and independent limitation so that
if one or more are held to be invalid for any reason or to any extent whatever or does not accord
with any professional obligation, then the remaining limitations or the limitations as varied shall be
valid to the extent they are not held to be invalid or incompatible with any professional obligation.
7.11. Invitation to discuss the limits: We believe the limitations on our liability we have set out are
reasonable but should you consider them inappropriate we invite you to discuss the limits with us
and we will then investigate the options with you, including the option of providing a higher limit of
liability at additional cost.
8. RIGHTS OF PERSONS OTHER THAN YOU AND US (THIRD PARTIES)
8.1. Save in relation to paragraph 3.3 above, no person other than the parties to this agreement may
enforce any provisions of our engagement by virtue of the Contracts (Rights of Third Parties) Act
1999. The terms of our engagement may be varied without the consent of any third parties.
9. NOT A CONTENTIOUS BUSINESS AGREEMENT
9.1. Our contract with you is not a contentious business agreement within the provisions of section 59
of the Solicitors Act 1974. We make this clear, because if our contract is a contentious business
agreement within those provisions, it would affect the terms on which we provide legal services to
you.
10. CALCULATION OF FEES
10.1. Fee calculation: If no specific basis for charging is agreed with you in writing, then our fees will be
based on the number of hours spent dealing with your matter (at our then applicable standard
hourly rates) and may be adjusted to reflect the complexity, urgency, importance, responsibility,
novelty or value of the work which has been done for you and the amount or value of any money or
property involved.
10.2. Hourly charge-out rates: The hourly charge-out rates of the lawyers working on the matter are as
set out in a Work Schedule or otherwise are available to you on request. Time spent on a matter is
recorded in units of six minutes, and fractional units are rounded up to the next whole unit. Chargeout rates are reviewed periodically, normally with effect from 1 May.
10.3. Where our fees are calculated by reference to the time spent in dealing with a matter, the time
charged will include (but is not limited to) time spent on the following: meetings with you and others;
reading, preparing and working on papers including associated research; making and receiving
telephone calls, emails and other communications; preparation of any detailed costs estimates and
bills; and time spent travelling away from our office.
10.4. In relation to any matter handled by us on your behalf we may arrange for some of the work to be
carried out by an independent lawyer who is retained or engaged but not employed by Fox Williams.
If so, you will not be charged at a greater rate than the appropriate equivalent rate of lawyers
employed by Fox Williams.
10.5. Fee estimates: Where a Work Schedule sets out a fee estimate, this is an indication, made in good
faith and on the basis of the information we have at the time the estimate is given, of our likely fee
for carrying out the work concerned. An estimate is subject to revision and is not a commitment by
us to carry out the work for that fee. Because legal matters deal in uncertainties and risks, it is
entirely possible that there will be unexpected developments, which are likely to drive the costs up
rather than down. The level of the costs will usually depend on a number of factors, which include:
when the matter completes; whether there is any change in the principal terms of the agreement;
the amount of re-drafting of the documents which is required; attendance at meetings; whether
new issues arise; whether there are any unexpected commercial or legal complexities in finalising
the agreement; the level of co-operation received from the other parties and their respective lawyers
or other advisers. It is therefore possible that the costs will be higher or lower than an estimate. We
shall notify you if it becomes apparent that our fee will exceed significantly any estimate given to
you.
10.6. We aim to ensure that our involvement is cost effective. You may set a limit on charges and expenses
to be incurred. We shall not exceed an agreed limit without consent.
10.7. Disbursements: In addition to our fees, you are liable to reimburse us for all disbursements which
we have paid or which are payable by us on your behalf or which we incur when working on your
matter. Disbursements are all sums paid, payable or anticipated to be payable by us including but
not limited to Governmental or regulatory fees, stamp duty, Stamp Duty Land Tax, land registry fees,
search fees, counsels’ fees, courier fees, the fees payable to expert witnesses (or to possible expert
witnesses) and to third party specialists, external photocopy charges at cost, use of third party
document disclosure platforms and AI solutions at cost, Court fees and travelling expenses
(including fares, accommodation charges and food and beverage charges).
10.8. Any disbursements are in addition to our fees and are not included in any fee estimate or budget
we have given or any fixed fee we have agreed. Disbursements may be charged to you as they arise
and may be charged after a bill has been rendered. We may ask you for funds in advance to
discharge disbursements and you agree that we have no obligation to make such payments or
provide or engage the service concerned until you have provided us with the necessary funds. VAT
is payable on some disbursements.
10.9. Sundry charges: We add a sundry charge of an amount equal to 3.5 per cent. of our fees to cover
telecommunications and document scanning, copying, printing and storage charges.
10.10. VAT: Where applicable, value added tax (VAT) is charged at the current rate on all fees and also on
disbursements and expenses that are subject to VAT. In considering whether VAT is applicable, we
need to rely on information provided by you. If, as a result, bills omit VAT which is later found to be
applicable, you agree to pay the full amount of VAT, including any penalties or interest arising from
the initial failure to pay the VAT.
10.11. If we act for several clients on a single file, costs can be saved if one client assumes the role of
instructing us and communicating our advice; each client remains, jointly and severally, liable for
our fees. This means that we will be able to require one client only or any combination of our clients
to pay the whole of or any balance of any unpaid fees, regardless of any agreement between the
clients as to how to share our fees.
10.12. Where we act for you in any proceedings, and in particular where we act for you in proceedings in
the county court, you agree that our fees and disbursements may exceed those recoverable
between the parties to the proceedings.
11. PAYMENT
11.1. Money on account: It is our policy to request money generally on account of our fees at the outset
of a matter, as it develops and before completion. We also ask for money generally on account to
cover all significant disbursements which are payable by us to a third party on your behalf; for
example, when instructing counsel before a hearing.
11.2. All money paid to us on account of fees and disbursements and any other client monies are paid
into our general client account (see paragraph 16 below).
11.3. Money held on client account is transferred to our office account in accordance with strictly defined
rules and procedures. In particular, we may apply any payment on account made by you or any
other monies held on our client account in your name from time to time towards settlement of any
bill that we raise from time to time addressed to you (including if that bill is payable by a third party,
pending receipt of payment from that third party).
11.4. Our fees and disbursements may exceed sums paid to us generally on account.
11.5. Interest on money on we hold: Where we hold money on your behalf, we will account to you for a
fair sum of interest on such money calculated at the rate of interest that would have been earned
on a business reserve instant access account held with our principal bankers in respect of the period
during which the money is held, unless the amount of interest is £50 or less.
11.6. For the purposes of the de-minimis interest calculation in 11.5 above, each matter will be treated
independently and client money balances held on different matters will not be aggregated.
11.7. Where we hold client money in a client designated deposit account, we shall account to you in full
for any interest earned on that account.
11.8. Where we hold client money in a joint account with another firm of solicitors, we shall account to
you in full for your share of any interest earned on that account.
11.9. In certain circumstances we are required by law to provide prescribed information to HM Revenue
and Customs in connection with interest paid to you on money held by us on your behalf. We shall
not be liable to you for any loss which you may suffer as a result of our compliance with our statutory
obligations.
11.10. Interim bills: Unless expressly agreed otherwise, we render interim bills to clients, usually on a
monthly basis. Our bills are interim statute bills, being bills rendered for fees incurred, and
disbursements paid (and at our option unpaid disbursements which we have incurred), to the date
specified in the bill (or, if not specified, to the date of the bill). Although they are interim bills they
are also final bills in respect of the work covered by them. This means that any time limit for applying
to the Court for an assessment of the bill under Part III of the Solicitors Act 1974 or alternatively for
complaining to the Legal Ombudsman starts from the date the bill is delivered to you.
11.11. Payment: Our bills are payable on presentation. Payment should be made in Sterling and is sent to
us at your risk. It is our policy not to accept cash payments.
11.12. We will not accept funds from any source unless that source is one which has previously been
identified to our satisfaction and from which we have agreed to accept funds. You agree to meet
costs we incur in investigating the source of such funds. In the event that we are unable to accept
funds from the source in question, you will remain responsible for payment of our fees,
disbursements and VAT and the discharge of any other liabilities which the funds were intended to
meet.
11.13. Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in
cash or to a third party.
11.14. Late payment: If a bill rendered by us is not paid promptly, we reserve the right to discontinue the
provision of all services, to exercise a right of lien over correspondence and documents under our
control and to charge interest at the rate payable pursuant to the Late Payment of Commercial Debts
(Interest) Act 1998 (the ”Act”) from one month after delivery of our bill until we receive payment in
full. You agree to pay our reasonable costs of recovery, including third party debt collection and
legal costs and to pay interest at the rate payable pursuant to the Act from one month after delivery
of our bill until we receive payment in full irrespective of whether the Act applies to the unpaid bill.
12. PAYMENT OF OUR FEES BY THIRD PARTIES
12.1. There may be circumstances where you instruct us that a third party is responsible for our fees; for
example, if your employer has agreed to pay some or all of your fees under the terms of a settlement
agreement, or if you are a landlord granting a new lease and the tenant has agreed to pay our fees.
We accept such instructions only on the basis that you are liable to pay our fees if they are not paid
promptly by the third party.
12.2. The same principle applies where legal fees are covered by insurance. We need a copy of the
insurance policy at the outset of the matter to clarify the responsibility of the insurers to our client.
13. DISPUTE RESOLUTION
13.1. Costs awards in your favour
13.1.1. The award of costs in litigation (or arbitration) is in the discretion of the court (or
arbitrator) and cannot be guaranteed. In some cases, you may be entitled to
reimbursement of your costs and expenses (and interest) from some other person. The
other person may not be required to pay all the charges and expenses which you incur.
You agree that we may charge you costs greater than the amount of costs recoverable
from the other person. You will have to pay our charges and expenses in the first place
and any amounts that are recovered will be a contribution towards them. If the other
person is in receipt of community funding (i.e. legal aid), no costs are likely to be
recovered.
13.1.2. The other person will not be liable to pay the VAT element of your costs if you are able to
recover the VAT yourself.
13.1.3. If a court or arbitrator orders another party to pay some or all of your costs, interest can
be claimed on the costs from the other party. This runs normally from the date of
judgment or award. Where you have already paid our charges and expenses, we will
account to you for any interest that relates to the period after the date of your payment.
We are entitled to keep interest on charges and expenses not already paid by you.
13.1.4. You will appreciate that even if the judge or arbitrator orders another party to pay some
or all of your costs, with the result that you are entitled to reimbursement of your costs,
that party may be unwilling or unable to meet their liability.
13.1.5. If you instruct us to take steps to enforce any order that the judge or arbitrator makes
against another party, you will be responsible for paying our charges and expenses of so
doing.
13.2. Costs awarded against you
13.2.1. If you are unsuccessful in a court case or arbitration, you will probably be ordered to pay
the other party’s legal charges and expenses. Payment of the other party’s charges and
expenses would be in addition to our charges and expenses. Arrangements can
sometimes be made to take out insurance to cover liability for such legal charges and
expenses (normally referred to as After The Event Insurance, or ATE insurance, as to
which see below).
13.3. Funding of costs
13.3.1. Before The Event Insurance: It is possible that you have the benefit of legal expenses
insurance which covers the work we will be undertaking. We suggest that you check
your insurance policies. Time limits may apply to claims under such policies. We are
happy to check your policies with you, if you ask us to.
13.3.2. After The Event Insurance: In some circumstances it is possible to purchase insurance
after a dispute has arisen, against the risk of having to pay your opponent’s legal costs
relating to the dispute, and your own in the event that you lose. The insurance is called
After The Event insurance, or ATE insurance. The cost of purchasing it would usually only
be payable if you win, but it would not be recoverable from your opponent. We are happy
to discuss the availability and suitability of After The Event insurance with you, if you ask
us to.
13.3.3. Third party funding: It is sometimes possible for claimants with good cases to obtain
“Third Party Funding”, whereby funding is provided by an independent investor in return
for a share of the proceeds if the case is successful. We are happy to explore this option
with you, if you ask us to.
13.3.4. Conditional Fee Agreements: If we have decided that a conditional fee agreement is
suitable for your needs we will enter into a separate agreement with you and advise you
on the key features of the agreement.
13.3.5. Damages Based Agreements: If we have decided that a damages based agreement is
suitable for your needs we will enter into a separate agreement with you and advise you
on the key features of the agreement.
13.3.6. Our time cost: You agree that time we spend, and costs we incur, in advising you on
funding and ATE insurance, and on arranging funding and ATE insurance for you, will be
chargeable to you.
13.4. Cost/benefit analysis
13.4.1. We shall review with you, both at the outset and periodically as the case progresses,
whether the likely outcome of litigation justifies the expense and risk involved. Once legal
proceedings have been commenced by one of the parties to a dispute, that party may
not be able to withdraw without paying the costs incurred by the other side.
13.5. Ceasing to act
13.5.1. If we are on the court record as acting for you and either you or we decide that we should
stop acting for you, then we may in these circumstances apply to come off the record in
which case we may charge the cost of the application to you. Please note that the consent
of the Court may be required before we can be removed from the record as acting for
you in which case you will be liable for our fees and disbursements until such date as we
are no longer on the record as acting for you.
14. COMPLAINTS
14.1. We hope that you are happy with the service we provide. If at any stage you have concerns or wish
to make a complaint, then please raise it with your relationship partner with a view to the matter
being resolved quickly. If you remain concerned or we could not agree an appropriate course of
action, then you are entitled to complain. We have a complaints handing procedure document,
which is available on request, and is also available on our website at
15. OBJECTING TO OUR FEES
15.1. As indicated above (Complaints), you have a right to object to our bills by raising the issue with us,
and if you are not satisfied with our response, by referring it to the Legal Ombudsman. Alternatively,
you may have a right to apply to the Court for an assessment of our bill under Part III of the Solicitors
Act 1974. If you exercise a right to have our costs assessed by the Court, you cannot refer the issue
to the Legal Ombudsman.
15.2. If the services we have provided relate to proceedings in a Court or tribunal, you may additionally
be entitled to have the amount of our fees checked or assessed under Rules of Court or regulations
applying to the particular proceedings, or under the inherent jurisdiction of the Court or tribunal
before which the proceedings have taken, or are taking, place.
15.3. If all or any part of our bill remains unpaid whilst you dispute it, the firm may be entitled to charge
interest.
16. INFORMATION ABOUT OUR CLIENT ACCOUNT
16.1. Please note that our client account (i.e. the bank account kept by the firm for holding client money,
which is a pooled account) is with The Royal Bank of Scotland plc (“RBS”).
16.2. If you transfer funds to our client account, you will be agreeing that we shall not be liable for any
monies lost as a result of a banking failure. If you do not wish your funds to be deposited with RBS,
then you should notify us immediately so that we can agree some alternative arrangements.
16.3. The Financial Services Compensation Scheme (FSCS) covers deposits belonging to clients who are
individuals or small businesses up to £85,000, per client, per authorised deposit-taking institution.
This means that if you hold other monies with RBS, including with RBS trading under a different
name, the limit remains £85,000 in total.
16.4. In the event of a banking failure where we are holding money for you in our client account, you
agree that we may pass your details to the FSCS, with supporting evidence of the amount which we
hold for you. The FSCS will then contact you directly.
17. PROFESSIONAL INDEMNITY INSURANCE
17.1. We have professional indemnity insurance giving cover for claims against us. Details of this
insurance, including contact details of our insurer and the territorial coverage of the policy, can be
provided on request.
17.2. It is a condition of our professional indemnity insurance that we notify our insurer and/or broker of
any circumstances which may give rise to a claim against us. In doing so, we may disclose documents
and information to our insurer, broker and insurance advisers on a confidential basis. Our insurers
and brokers are contractually obliged to keep all information we pass to them strictly confidential.
18. CONFIDENTIALITY
18.1. We treat your affairs as confidential in accordance with the best practices of the legal profession.
We shall not disclose to any person any confidential information relating to you or any matter
handled by us on your behalf, except in the proper conduct of that matter or where we are required
to do so by law (for example, see paragraph 18.2 below) or by the rules of any applicable professional
body or regulatory authority. If we are working with other professional advisers in relation to any
matter handled by us on your behalf then, unless you instruct us otherwise, we shall assume that
we may disclose confidential information to them.
18.2. Although solicitors are under a professional and legal obligation to keep the affairs of clients
confidential, this obligation is subject to important exceptions:
18.2.1. We may from time to time be asked or consider it desirable to transfer or share
confidential information that is about you or about the matter with third parties whose
advice or input is sought in the course of providing our services, or to whom we outsource
work or who provide business, technology and compliance services to us (see paragraph
19 below). You consent to the transfer or sharing of such confidential information.
18.2.2. There is no confidentiality between joint clients.
18.2.3. We monitor the professional standard of our work and we may wish a small number of
our files to be audited confidentially by external examiners to ensure we maintain our
quality systems. If in our opinion the file contains sensitive material and would not be
suitable for external submission, it will not be submitted. Please let us know in writing if
you object to your file being submitted. Unless you notify us otherwise, we will assume
that you have no objections. Our work for you will not be affected, whether or not you
allow us to make our file available for audit.
18.2.4. Certain laws (for example, those relating to money laundering and tax fraud) give power
to authorities such as the police or the tax authorities to inspect clients’ information and
take copies of documents. It is possible that at any time, we may be requested by those
authorities to provide them with access to documents held by us or to attend interviews
with them in connection with the work we have done for you. If this happens, we will
comply with the request only to the extent that we are bound by law and, in so far as it is
allowed, we will notify you of the request or provision of information.
18.2.5. In certain circumstances, solicitors are required by statute to make a disclosure to the
National Crime Agency where they know or suspect that a transaction may involve a
crime including money laundering, drug trafficking or terrorist financing. If we make a
disclosure in relation to your matter, we may not be able to tell you that a disclosure has
been made. We may have to stop working on your matter for a period of time and we
may not be able to tell you why.
18.2.6. We reserve the right to disclose your files, any information we hold or know about you or
the services we are providing, to our actual or prospective professional indemnity
insurers, brokers or advisers, and auditors or risk managers who they may appoint.
19. OUTSOURCING
19.1. We engage third party companies to provide specific business, technology and compliance services
(for example, cloud-based IT services including document management and review services, and
anti-money laundering, identity and source of funds checks). In certain matters the firm may, in its
discretion, outsource work such as typing, telephone answering service, photocopying, translation,
obtaining transcripts of hearings and other office support functions. We may occasionally ask other
companies or people to provide services on matters we are handling.
19.2. We may also refer any matter, document, information or our files to counsel or an independent
lawyer, an expert or costs draftsman for specialist advice. You agree that we may do so, whether we
do so on your behalf or on our own behalf.
19.3. We will always ensure that any such persons are committed to an appropriate obligation of
confidentiality.
20. COMMUNICATIONS AND CYBER CRIME WARNING
20.1. We promote the use of plain English in documents and in all our communications.
20.2. We assume that you are happy to communicate via unencrypted email unless you otherwise instruct
us. Please be aware that:
20.2.1. Internet email is not secure as messages can be intercepted and read by someone else.
20.2.2. We will be entitled to treat all messages as genuine, complete and accurate.
20.2.3. Incoming emails are subject to screening for spam, viruses and other undesirable
content, and will be quarantined (and therefore not read) if any such content is detected.
This may delay or prevent us receiving emails from you or in relation to your matter; we
will not be responsible to you for any losses resulting from this.
20.3. We use all reasonable endeavours in accordance with industry practice to prevent viruses and other
malicious technologies but you appreciate that there are security risks with internet and mobile
communications which are beyond our control.
20.4. It is your responsibility to be aware of the risks of cyber-crime and to take adequate steps to mitigate
the risks. In particular, cyber criminals may try to intercept communications in order to substitute
their own bank account details so as to divert payments or may otherwise alter the email contents.
They may pose as Fox Williams, and they may be able to pose as you. Should we decide to change
bank accounts we will contact you and personally provide you with any new details. We will not
accept any emailed instructions from you to alter your banking details or instructions on where
money should be sent without separately verifying the instructions with you.
21. CORRESPONDENCE AND DOCUMENTS
21.1. We store correspondence and documents in electronic format using cloud-based services. To the
extent that you are able, you permit us to copy and electronically scan all such correspondence and
documents for our use in connection with our work on the matter and for filing, storage and record
keeping purposes.
21.2. Where we have stored correspondence and documents in electronic format, you agree that we may
then destroy the original. However, we will not destroy original agreements and deeds or any hard
copy documents that you ask us to return to you. Electronic documents are regarded as admissible
evidence to the same extent as the document itself.
21.3. We will keep the correspondence and documents (whether in hard copy or in electronic format or
both) on the understanding that we can destroy or delete them at any time after six years after the
date of the final bill. We may decide for insurance purposes or where a matter involves us in a
dispute, to keep correspondence and documents for up to 16 years after the date of the final bill.
Correspondence and documents may include your personal information, including personal
information obtained for client due diligence purposes (see paragraph 28). You agree we may retain
the correspondence and documents and this personal information until the correspondence and
documents are destroyed or deleted.
21.4. After completing the matter, we will be entitled to keep all your correspondence and documents
while there is still money owed to us for fees and expenses. This is called a ‘lien’. Our lien may
continue even if your agreement with us to provide legal services has been terminated.
21.5. In certain circumstances, we may exercise an equitable lien over funds due to you. This means that
if you receive compensation or a settlement in litigation, we are entitled to deduct our fees directly
from those funds before transferring the remaining balance to you.
21.6. Aside from the sundry charge referred to at paragraph 10.9, we do not make a charge for storage
of correspondence and documents (whether in hard copy or in electronic format or both). However,
we may charge for:
21.6.1. the retrieval and delivery of hard copy and electronic material from storage;
21.6.2. time spent producing stored correspondence and documents that are requested; and
21.6.3. reading, correspondence or other work necessary to comply with your instructions in
relation to the retrieved correspondence and documents.
22. USING AI
22.1. We may use AI tools, including generative AI, to enhance the efficiency and quality of our legal
services. These tools may assist with tasks such as legal research, drafting, document review and
workflow optimisation. The use of such tools does not diminish our professional duties to you and
we remain fully responsible for the quality and accuracy of the legal services we provide. All AI-
assisted work is subject to supervision and review by our legal professionals. We do not input client
confidential information into public AI tools without appropriate safeguards.
22.2. You may choose to use AI-based notetaking, transcription or summarisation tools (for example,
software that generates meeting notes or summaries during calls or video conferences). We do not
operate or control any such tools that you may use and accept no responsibility for the accuracy,
completeness or reliability of any transcript, summary or other output they produce. Unless we
expressly agree in writing, any such output will not constitute an agreed or authoritative record of
the meeting.
22.3. You are responsible for ensuring that any such tool complies with applicable data protection laws
and maintains appropriate levels of security and confidentiality. Please be aware that using public
AI tools may compromise the confidentiality and/or legal privilege of our communications, either
through the disclosure of information to third-party providers, or because the AI-generated
summary may not itself be protected by legal privilege, even if the original conversation is.
23. TERMINATION OF OUR ENGAGEMENT AND NO CONTINUING RESPONSIBILITY
23.1. You may end your instructions to us in writing at any time, but we can keep all your papers and
documents while there is still money owed to us for fees and expenses.
23.2. We may decide to stop acting for you only with good reason. For example, any of the following will
be good reason for us to stop acting: if you do not pay an interim bill and it remains outstanding 30
days after we have sent you a notice referring to the outstanding bill and warning that we shall stop
acting if it remains unpaid; if there is a conflict of interest; if you or any of your directors,
shareholders, owners or members become subject to any financial or other government imposed
sanctions; or if we reasonably consider that our continuing to act will give rise to our incurring
serious reputational risk or damage. We shall give you reasonable notice that we will stop acting for
you.
23.3. If you or we decide that we should stop acting for you, you will pay our charges up until that point
or we shall refund the appropriate proportion of any payment which you have made generally on
account of our charges. Our charges are calculated on an hourly basis or (as appropriate) a fair
proportion of the agreed fee.
23.4. You may need to revisit or review completed matters from time to time; for example, agreements
may require further action or there may be changes in relevant law. Standard agreements (such as
terms of business and particulars of employment) need to be reviewed frequently.
23.5. Unless we agree otherwise in writing, we will not, once a matter is completed or our engagement is
terminated, have any continuing responsibility for advising you on any changes in the law or on any
relevant dates or deadlines or otherwise in relation to any matter on which we have acted for you
or advised you.
24. CONSUMERS’ CANCELLATION RIGHTS
24.1. Consumers may have a right to cancel. If you are an individual who is not instructing us in connection
with your business, you may have a legal right to cancel our agreement with you and receive a refund
of any sums you have paid us in advance. You are likely to have these rights if we take instructions
from you outside of our offices or at a distance, for example online or over the telephone. Your right
to cancel expires 14 days after our agreement is made and if you request us to start work during
that period you will have to pay us for any work we do up until you cancel. Work which we start at
your request during the cancellation period cannot be cancelled once completed, even if the
cancellation period is still running.
25. HOURS OF BUSINESS
25.1. Our normal office hours are 8.30am to 6.00pm, Monday to Friday, excluding public holidays in
England and Wales. Our partners and staff may work different hours. They may respond to
communications and work outside of their normal hours, but this is at their discretion and we ask
you to respect that there will be times outside their normal hours when our partners and staff are
not available.
26. DATA PROTECTION
26.1. We use your personal data primarily to provide legal services to you, but also for related purposes
such as administration, billing and record keeping and to inform you of our services and updates
and events that we think may be of interest to you.
26.2. Our use of your personal data is subject to your instructions, the UK General Data Protection
Regulation, other relevant UK legislation and our professional duty of confidentiality.
26.3. Our Client Data Protection Statement contains important information on how and why we collect,
process and store your personal data. It also explains your rights in relation to your personal data.
The Client Data Protection Statement is available on our website at:
27. COPYRIGHT
27.1. Unless we expressly agree otherwise, copyright in documents we prepare or produce will be and
remain the property of Fox Williams or our licensors. Where we draft documents for use by you, we
agree to you having a non-exclusive, non-transferable licence to use them for the purpose for which
they were created, but not for any other purpose.
28. CLIENT DUE DILIGENCE
28.1. The law requires solicitors, as well as banks, building societies and others, to obtain satisfactory
evidence of the identity of their clients and sometimes persons related to or associated with them,
and to assess (and where appropriate obtain information on) the purpose and intended nature of
the business relationship or transaction in question. This is because solicitors who deal with money
and property on behalf of their clients can be used by criminals wishing to launder money, and by
those wishing to finance acts of terrorism, and by persons wishing to evade or breach financial
sanctions. In order to comply with the law, we need to:
28.1.1. obtain evidence of your identity as soon as practicable;
28.1.2. identify any beneficial owners and verify that information;
28.1.3. make enquiries of you about the purpose and intended nature of the business
relationship or transaction we are being involved in, the source of any money being used,
and the source of our client’s wealth; and
28.1.4. continue to monitor the transaction and keep identity information up to date.
28.2. If the nature of our instructions changes such that a matter that was initially outside the scope of
applicable anti-money laundering regulations subsequently falls within it, we may be required to
conduct additional Customer Due Diligence (CDD) checks. This may include verifying identity
documents, identifying beneficial owners, obtaining information about the source of funds or
wealth, and updating our records to comply with legal and regulatory requirements. In some cases,
we may require certified copies of identification documents. Where additional CDD is required, we
reserve the right to suspend work on the matter until these checks are completed to our satisfaction.
28.3. You agree that we may share with the bank at which our client account is held all the results of Client
Due Diligence that we carry out in relation to you, in the event that we hold, or intend to hold, money
for or on behalf of you in our client account (which is a pooled account).
29. FINANCIAL SERVICES: INSURANCE MEDIATION
29.1. We are not authorised by the Financial Conduct Authority. However, we are included on the register
maintained by the Financial Conduct Authority so that we may carry on insurance distribution
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
Conduct Authority website at: www.fca.org.uk/firms/financial-services-register
30. FINANCIAL SERVICES: INVESTMENT ADVICE
30.1. We are not authorised by the Financial Conduct Authority to provide investment services. If, while
we are acting for you, you need advice on investments, we may have to refer you to someone who
is authorised to provide the necessary advice.
30.2. We provide legal advice and it is not part of our function to give advice on the merits of entering into
investment transactions or exercising investment rights, or to act as a broker or arranger of
transactions. When providing our services, we will assume that your decision to consider, discuss or
negotiate a proposed investment transaction, and any decision actually to enter into an investment
transaction, is made by you solely on the basis of your own assessment of the transaction, and any
advice which you may receive from a person authorised under the Financial Services and Markets
Act 2000.
30.3. We may, however, provide a limited range of investment advice services where these are closely
linked to the legal work we are doing for you. This is because we are regulated by the Solicitors
Regulation Authority (“SRA”).
30.4. The SRA is the independent regulatory arm of the Law Society. Complaints and redress mechanisms
are provided through the Solicitors Regulation Authority and the Legal Ombudsman. If you are
unhappy with any investment services you receive from us, you should raise your concerns with
either of those bodies. The timescale for referring a complaint to the Legal Ombudsman and their
contact details, are set out above in section 14 headed “Complaints”.
31. SUCCESSOR FIRM
31.1. If we merge with another firm or transfer substantially all of our business to a partnership, a limited
liability partnership or a company, then you agree that we may transfer our engagement with you
on substantially the same terms (so far as applicable) to the successor enterprise. We shall write and
tell you if this happens.
32. EQUALITY, DIVERSITY & INCLUSION
32.1. We are committed to promoting equality, diversity and inclusion in all of our dealings with clients,
third parties and employees. Please contact us if you would like a copy of our equality, diversity and
inclusion policy.
33. ANTI-BRIBERY POLICY
33.1. We have a zero tolerance of bribery and corruption. This policy extends to all the firm’s business
dealings and transactions in all countries in which it or its associates operate.
34. SUGGESTIONS AND REFERRALS
34.1. We are committed to understanding and achieving our clients’ business objectives. We regard the
opportunity of assisting clients as a privilege. Suggestions as to how we can improve our service are
welcomed.
34.2. We appreciate referrals. We hope that clients will be pleased with our work and will recommend Fox
Williams to business contacts.
35. SEVERANCE OF ANY OFFENDING TERMS
35.1. If all or any part of a provision of this document is found by a court or other competent authority to
be void, illegal, invalid or unenforceable, then that provision shall be deemed to be deleted from this
document to the extent that it is void, illegal, invalid or unenforceable, and the remaining provisions
of this document shall continue to apply.
36. GOVERNING LAW AND JURISDICTION
36.1. The terms of our engagement shall be governed by and construed in accordance with the law of
England and Wales. Any dispute (including non-contractual disputes or claims) shall be subject to
the exclusive jurisdiction of the English courts.
Last updated: 1 April 2025
