Terms & Conditions

DEFINITIONS:

In these Terms and Conditions, the following words and phrases shall have the following meanings:

‘The Client’ means: the person, firm or company who wishes to use and/or uses the Services of ‘The Company.’

‘The Company’ means: ‘LEGALCO Limited’ [There is no contract between the client and any individual.]

‘The Contract’ means: the Contract between the Company and the Client which shall be deemed to incorporate these Terms

‘Services’ means: any work agreed in the Contract to be supplied by the Company to the Client.

‘An initial Assessment’ generally refers to a telephone assessment to establish whether the Client’s case is capable of attracting and justifying a No win, No fee arrangement and/or ATE (after the Event Insurance) where appropriate, and also to ascertain whether it justifies seeking a barrister's opinion. This is a pre-vetting service undertaken without fee and should not be regarded as placing any legal liability upon the Company. Such assessment is provided in good faith and on the basis of the information provided by the Client at that time.

“A Detailed Assessment” means: the Assessment undertaken by the Company when the Client sends to the Company further documentation and details. On no account does the Company agree at any time to accept original documents, nor accept any responsibility for the loss of any documents. The Company shall agree only to receive copy documents which will not be returned.This process might also involve taking counsel’s opinion, or the opinion of one of the Company's Panel Solicitors/Barristers where appropriate, in order to establish whether a barrister and/or Solicitor would be willing to take on the case on the basis of a ‘Conditional Fee Agreement’ (CFA.) This, in effect, would mean that the Legal Team (including the barrister where appropriate) would take on the case on a strictly no win - no fee basis. The Fee payable for this process is agreed in advance and is payable to The Legal Company. The advice provided by the barrister is provided to The Legal Company only and relates purely to the issue of evaluating the case for no win, no fee purposes.There is no entitlement due to the Client to know the details of the barrister until such time as the barrister shall agree to take on the case on an agreed basis. The administrative fee is due and payable as soon as the Company agrees to instruct the barrister and the fee is non-refundable.

‘The Agreement’ means: the signed document, the parties to which are the Company and the Client whereby the Client agrees to pay an ‘Agreed Fee’ to The Company if and as soon as ATE is arranged on behalf of the Client, and not before.

THE CONTRACT:

The Contract shall be strictly on these Terms, and to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Client.
The basis of the Contract is that the Company does not hold itself out as a Firm of Solicitors, but having access to a nationwide panel of Solicitors and Barristers willing, qualified and able to undertake legal work on the basis of a Conditional Fee agreement, in the appropriate circumstances and/or on a fixed fee basis as agreed with the client.

The Company shall, if requested, and if the case is accepted on a no win no fee basis only, take all reasonable steps to ensure that the Client’s case is insured with After the Event Insurance, and any advice provided by the Company, by itself or by a Barrister or otherwise shall be for the purpose of evaluating the case for insurance purposes only and the Company shall at no time be liable in respect thereof. The barrister’s opinion, if any, shall be an opinion provided to the Company for this purpose only and the barrister’s obligations shall be solely owed to the Company. If the case is not deemned suited to no win no fee, then the Company shall at its own discretion offer to take on a case on a fixed fee basis, which fee shall be payable on such terms as are imposed by the Company.

METHOD OF COMMUNICATION:

Unless otherwise varied in writing, the Company shall provide a telephone service and shall be under no obligation to arrange any meetings nor to take any further steps once the issue of ATE has been resolved, whether possible or not.If a Client shall wish to arrange a meeting, the Company shall be at liberty to agree a fee in advance for this additional service to the Client. The initial Fee referred to shall entitle the Client to an opinion only as to the viability to No win No fee. Should the barrister advise against proceeding on that basis, no refund shall be due in respect of the fee paid as, by taking the barrister's opinion, the Company shall have fulfilled its' obligations. Further, the Client shall not send to the Company any original documents by whatsoever method of posting, as the Company will not be responsible for their safe-keeping and/or return. Only copy documents shall be sent by the Client to the Company.

TIME NOT OF THE ESSENCE:

The Company shall at all times use its best endeavours to keep to strict time limits as to providing its own assessment, obtaining counsel’s opinion and arranging insurance cover, wherever possible. Time, however, shall not be of the essence.In addition, the Client shall themselves at all times be responsible in respect of all or any time limits or limitation dates relating to the Client's case until such time as the Panel barrister and/or solicitor has or have agreed to accept the Client's instructions and signed an agreement accordingly.

REFUND POLICY:

The Company has an active policy of ensuring Client Satisfaction. In the event that a Client does not feel they received a satisfactory service, this will be investigated promptly and thoroughly by the Company. The Company will not regard the fact that the Client does not agree with the Detailed Assessment as justification for a refund, nor that there has been any delay in obtaining an opinion. The refund will be considered by reference to these Terms and Conditions and any non-compliance with these terms only. Refunds shall be at the Company's sole and unfettered discretion. There can either a be a full or partial refund but as a general rule, any work done to date will be charged for and a deduction made accordingly. The barrister's opinion shall at all times remain confidential and provided to the Company who will then communicate the conclusion of such advice to the client.

PAYMENT:

A Detailed Assessment shall only be undertaken once the Company has been paid the Detailed Assessment fee. Thereafter, the only other payment shall generally be any fee payable and agreed in advance with the Client in respect of a fixed fee agreement or upon receipt of an offer of After the Event insurance, if requested by the Client, subject to any additional work undertaken by the Company on behalf of the Client in which event a fee shall only be payable, if agreed in advance with the Client.

LIABILITY:

The Company shall under no circumstances be liable to the Client for any loss, damage or injury as a result of any advice, or in respect of any documents lost which were submitted to the Company as the Client should only ever submit copies. All advice shall be provided to the Client for the purpose of obtaining insurance. At no time will the Company be liable in respect of any limitation dates or other time limits for lodging any Court papers or otherwise and the Client shall accept full responsibility in respect of the same on a continuing basis until such time as Solicitors and/or a Barrister has been properly appointed in writing.

REFUSAL:

The Company shall be at liberty at all times to refuse to accept and/or to terminate instructions from any Client without providing any reason therefor.

JURISDICTION:

a) If any part of these Terms is found to be void or unenforceable by any court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.

b) These Terms shall be governed by and interpreted according to English Law and the Parties submit to the exclusive jurisdiction of English Courts.