“Client” means the person or persons named on the Form of Authority.
“The Firm” means Cromwell Wilkes Limited.
“Sponsor(s)” means any person or persons authorised by the client to give instructions on their behalf and to receive information and advice as to the substance and progress of the case.
“The Case” means the form of action named in the invoice for which legal services will be provided.
“Instructions” means the formal request to the firm by the client or sponsor to carry out legal services and all subsequent decisions as to how the case should proceed in the event of the firm raising a matter requiring such a decision on the part of the client.
“The Services” means the work for which instructions are given and as set out on the invoice.
“The Contract” means the agreement between the client and the firm for the carrying out of legal services in accordance with these Terms and Conditions.
“Third Party” means any person or organisation that is not the firm, the client, or sponsor.
“The Regulator” means the Office of the Immigration Services Commissioner in immigration cases, and the Bar Standards Board in non-immigration cases.
1) Unless terminated in accordance with Clauses 5, 6, 0r 7, the contract shall continue in force until all services have been completed and all fees due have been paid in cleared funds, upon which it will terminate automatically.
2) The firm shall provide the services in accordance with the standards of skill and care reasonably expected from a leading service provider in the industry and in accordance with the codes and rules as set down by the regulator. It shall be the duty of the firm to ensure that it remains competent and authorised to provide the services and shall inform the client immediately should this no longer be the case.
3) The Client shall pay the due fees to the firm and as set out in the invoice and at the times agreed. The firm does not however impose any fixed deadline for payment which would be contrary to the ethos of trust as between client and firm. The firm does not demand payment within any deadline, but instead relies, subject to variation in each case, on the goodwill of the client to ensure that all fees are settled by no later than 30 days after final delivery of all services.
4) Any monies paid in advance of work completed shall remain the property of the client and shall be returned in full upon request by the client or authorised sponsor. Any payments made into, and paid out from, the client account shall be properly recorded and a copy of such record provided to the client upon request.
5) The client can terminate this agreement and withdraw instructions at any time by giving written notice, and without giving reason. Upon such termination, any work completed shall be charged at fixed rates and may include a charge for any initial consultation. These rates shall be charged at £250.00 per hour. Standard length documents, telephone calls, emails or other such correspondence shall be charged at 15 minutes per item. Attendance shall be charged in units of 30 minutes. Any monies paid in excess of the amounts due shall be returned to the client at the time the invoice is served. The firm shall provide a detailed breakdown of work charged in such circumstances.
6) The firm may terminate instructions if the client or sponsor conducts themselves in a manner which is deemed inappropriate. This includes, but is not limited to, aggressive or abusive behavior to any member of the firm or associated persons including legal professionals, tribunal employees, or public officials; material deception or non-disclosure in the giving of instructions; refusal to make payment for monies due; incitement to the firm to breach ethical or professional standards or to engage in deceitful or dishonest behavior or any other conduct deemed to have brought about a breakdown in trust and confidence as between the firm and the client.
7) The firm has a zero-tolerance policy towards all forms of discrimination. Any breach of this policy by client or sponsor, or any person acting or claiming to act on their behalf is liable to lead to an immediate termination of services on the part of the firm.
8) In the event of the firm terminating instructions in accordance with Clauses 6 or 7 then all preceding agreements as between the firm and the client shall be void except in so far as this is not permitted by the regulator. Work completed but not charged shall be invoiced on the terms as set out in Clause 5.
9) Where the firm offers services on a fixed-fee basis it retains the right to charge a further fee in the event of material change in client instructions to the extent that the form of action required is different from initially envisaged. Where a fee includes the cost of any repeat applications, this offer may be withdrawn and an additional fee charged in the event the preceding application is withdrawn by the client or refused for reasons of non-disclosure or false disclosure by the client.
10) In the event an application made by the client is refused by a competent decision-maker and/or subsequent tribunal then no liability shall be attached to the firm and no refund or compensation shall be payable without prior agreement, except and in so far as the client can demonstrate a breach of Clause 2.
11) The firm shall not be liable for any loss or damage caused by procedural delay, negligence, or breach of professional standards by any third party. Any advice given by the firm as to the timescale for completion of services, or receipt of any decision or acknowledgement on any application or appeal shall be given in good faith and by reference to standards prevailing at the time such advice is given. Such advice shall not be rendered incorrect in the event of such standards subsequently being varied or breached either by the conduct and practice of any third party, or by any other change in circumstances beyond the reasonable control of the firm.
12) The firm may in certain cases offer the client pro bono appeal or other follow-on services in the event an application is refused. In such circumstances, these services shall not form part of the work charged for the invoice, and no refund shall be due in the event such services are not required or not pursued by the client.
13) The firm shall provide the client with details of its internal complaints procedure. The client is not obliged to avail themselves of this procedure and may instead, and at any time, including after the time when delivery of services is complete, and without giving notice to the firm, refer any matter of concern to the regulator.
14) Nothing in these Terms and Conditions shall limit or exclude any liability for loss resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.
15) These Terms and Conditions may not be varied except by mutual written agreement.
16) Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these Terms and Conditions.
17) Any contract between the firm and the client or authorised sponsor is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the contract are not subject to the consent of any third party except in so far as they require the consent of the regulator.
18) These Terms and Conditions shall constitute the entire agreement between the parties in relation to the subject matter of these Terms and Conditions, and, as at the date they are signed, shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.