Standard Terms and Conditions

These Terms and Conditions together with the attached schedule(s) set out the terms and conditions upon which LPC shall provide services to the Client.

1. DEFINITIONS
2. OBLIGATIONS OF LPC
3. OBLIGATIONS OF THE CLIENT
4. FEE STRUCTURE
5. CANCELLATION POLICY
6. DATA PROTECTION
7. VARIATION
8. MISCELLANEOUS
9. SCHEDULE A
10. SCHEDULE B

 

DEFINITIONS

1. The following words in these Terms and Conditions shall have the following meanings:
   1. “Advocate” means an individual providing advocacy services as an agent of The Client, whether that individual is an employee of LPC or is otherwise engaged on a freelance basis.
   2. “Client” means any individual, company, firm or other body or person who may from time to time request attendance at a Hearing by an Advocate.
   3. “Hearing” means any trial or hearing or forensic examination of any legal proceedings or any oral examination at which The Client requires attendance by an Advocate
   4. “Instructions” means any and all communications whether oral or in writing from The Client to LPC or to an Advocate in relation to any Hearing.
   5. “Letter of Instruction” means any letter from The Client to LPC or to an Advocate, pertaining to any Hearing.
   6. “LPC Online” means the extranet facility that is accessed through LPC’s company website.
   7. “Papers” means any document, including any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form or any other materials whatsoever pertaining to any Hearing.

OBLIGATIONS OF LPC

2. LPC shall ensure that an Advocate is allocated to attend any Hearing that has been booked by The Client and confirmed by LPC in accordance with this Part of these Terms and Conditions.
   1. A Hearing is booked by the client requesting attendance at a Hearing, whether such request is made by telephone, facsimile, e-mail or other written communication; or by use of the LPC Online facility;
   2. A Hearing is confirmed automatically if the Hearing has been booked in accordance with 2(a) above and the request to attend was made not less than 5 working days before the date on which the Hearing is listed;
   3. A Hearing that is not automatically confirmed as described in 2(b) above is confirmed by LPC when LPC inform The Client of such by e-mail or other written communication or through the LPC Online facility.
   4. Until a Hearing is confirmed in accordance with 2(a) or 2(b) above, it will be provisional and may be displayed as such via the LPC Online facility

3. LPC shall ensure that any Papers received in connection with any case booked by The Client and confirmed by LPC are transmitted to the allocated Advocate as soon as is reasonably practicable so as to provide for good business efficacy.
   1. Whenever practicable before transmitting Papers in accordance with this Part 3 of these Terms and Conditions, LPC shall check Papers to ensure they include any enclosures listed as being enclosed in the Letter of Instruction.
   2. LPC shall ensure that any Papers received from The Client by post are sent back to The Client within 48 hours of the listing time of the Hearing to which those Papers pertain, except that LPC shall retain any Instruction Letter in relation to any Hearing.
   3. LPC shall be entitled to keep records, which may include electronic and/or physical copies of any Instructions or Papers received from The Client.

4. LPC shall ensure that a report and invoice in respect of any Hearing allocated to an Advocate in accordance with Part 2 of these Terms and Conditions is transmitted to The Client by whatever means within 48 hours of the listing time of the Hearing to which that report and that invoice shall pertain.

5. LPC shall ensure that an Advocate allocated to a Hearing in accordance with Part 2 of these Terms and Conditions shall, in the view of LPC, be suitably qualified and experienced to attend Hearings of the kind mentioned in the attached schedule and in particular:
   1. All Advocates must have completed the Legal Practice Course or the Bar Vocational Course or be a Fellow of the Institute of Legal Executives; and
   2. All Advocates must have successfully completed LPC’s assessment and induction programmes.

 

OBLIGATIONS OF THE CLIENT

6. The Client must book Hearings and provide Instructions and Papers in good time so as to enable LPC to fulfil its obligations under Parts 2 and 3 of these Terms and Conditions.

7. The Client must provide sufficiently full and clear Instructions to enable the Advocate allocated to a particular Hearing to adequately perform the tasks he is expected to perform.

8. The Client shall provide an appropriate level of supervision for the Advocate allocated to a particular Hearing, for example, by making themselves available to answer any queries that the Advocate may have in relation to the Hearing to which they are allocated.

9. In booking a Hearing in accordance with Part 2 of these Terms and Conditions and in asking an allocated Advocate to perform any tasks in connection with that Hearing, The Client must be satisfied as to the suitability of the Advocate to perform those tasks having regard to Part 5 of These Terms and Conditions.

 

FEE STRUCTURE

10. The relevant fee charged by LPC to The Client in relation to any Hearing shall be determined by reference to LPC’s standard fee card.
    1. In determining the appropriate fee by reference to LPC’s standard fee card, regard shall be had to the work actually done by LPC and / or the Advocate.
    2. In addition to the standard fee, LPC may invoice The Client in respect of any expenses incurred in respect of papers sent to the Advocate by facsimile or other electronic means.
       

 

CANCELLATION POLICY

11. If it wishes to cancel a Hearing, The Client must inform LPC before 5.30 pm on the business day before the date on which the Hearing is listed.
    1. The Client may inform LPC of a cancellation by telephone, e-mail (to cancel@lpc-law.co.uk), or via the LPC Online facility

12. If The Client purports to cancel a Hearing but does not inform LPC of the cancellation in accordance with Part 11 above, then The Client shall be liable to pay all the fees and expenses set out in Part 10 above as if an Advocate attended the hearing.

 

DATA PROTECTION

13. LPC shall ensure that both they and their agents and Advocates are strictly compliant, in all that they do for and on behalf of the Client, with the Data Protection Act 1998 (as amended) (“The Act”) and all associated legislation.
    1. LPC shall use any personal information gained as a result of any Instructions for the performance only of its obligations under these Terms and Conditions or in the improvement of the quality of service provided to The Client.
    2. LPC undertakes to be Data Controller in respect of any personal information acquired by it and provided to The Client and shall take security measures to enable it to process the information in compliance with Schedule 1 of The Act.
    3. The obligations under this Part 13 shall remain binding on LPC notwithstanding the termination of any agreement between LPC and The Client or the expiration of these Terms and Conditions.

 

VARIATION

14. Any variation or amendment to these Terms and Conditions must be agreed in writing between LPC and The Client.

 

MISCELLANEOUS

15. Any failure of LPC to take any action in respect of any breach of these Terms and Conditions shall not constitute a waiver of any of these Terms and Conditions and LPC reserves its rights in respect of these Terms and Conditions at all times.

16. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
    

17. These Terms and Conditions, including the Schedule(s), may be changed from time to time as described below or by written agreement.
    1. Fees and expenses may be changed in accordance with any alternative fee structure by written agreement of LPC’s Accounts Manager.
    2. All other provisions may be changed by LPC from time to time by notice or by amending the Terms and Conditions published on the LPC website and you should read the published Terms and Conditions regularly to check for any changes. By continuing to use LPC’s services you confirm that you accept any changes to the Terms and Conditions and agree to be bound by them. If you do accept any changes and do not wish to be bound by them you should cease to use the services of LPC.

18. These Terms and Conditions shall be governed by and interpreted in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions.

SCHEDULE A

Hearings

LPC Advocates derive their rights of audience from s.27(2)(e) Courts and Legal Services Act 1990 and attend ‘Judge’s Room Appointments’ in the county courts and High Court, which are in Private and will usually be heard by a District Judge, including:

• Mortgage Possession hearings listed for no more than 10 minutes
• Other mortgage applications listed for no more than 10 minutes before a District Judge
• Applications to obtain an order for the return of goods and related applications listed for no more than 10 minutes
• Hearings to obtain a final charging order
• Hearings to obtain an attachment of earnings order
• Applications for an order for sale under Part 73 CPR
• Determination, Re-determination hearings and applications to vary the rate of payment of a judgment debt
• Infant Settlement hearings
• Oral Examinations
• Bankruptcy hearings listed for no more than 15 minutes
• Applications to set aside a statutory demand
• Applications to annul bankruptcy
• Applications to set aside judgment
• Applications for summary judgment
• Allocation, Directions or Disposal hearings or Case Management Conferences and similar applications of a level of complexity consistent with the kinds of hearings listed above
• Small Claims matters arising from road traffic accidents, contractual disputes, or landlord and tenant disputes where the only issues to be decided on liability and/or quantum
• Any other matters listed for no more than 30 minutes before a District Judge or similar level of Judge, in Private, which are of a level of complexity consistent with the kinds of hearings listed above.

 

SCHEDULE B

Fee Card

The following fees shall apply in all cases on a fixed fee basis, except where an alternative fee structure has been agreed in writing by a Director of LPC:

Mortgage Possession	}	£ 75.00
Charging Order
Bankruptcy Hearing
Return of Goods
Infant Approval
Money Judgment
Application to Vary Order
Review Hearing
Determination Hearing
Allocation Hearing
Application to Set Aside	}	£ 90.00
Application for Order for Sale
Directions Hearing
Disposal Hearing
Landlord and Tenant
Summary Judgment	:	£105.00
Case Management Conference	}	£120.00
Appeal / Application for leave to appeal
Small Claim (up to 2 hours)	:	£175.00
Small Claim (over 2 hours)	:	£250.00

In addition to the fees set out above, LPC may charge the Client any reasonable expenses incurred as a result of papers having to be transmitted to an Advocate by facsimile or other electronic means.

All fees and expenses shall be subject to Value Added Tax at the rate of 17.5%.

In the event of a discrepancy between the type of Hearing at which attendance was requested and the type of Hearing actually attended by an Advocate, the appropriate fee shall be the standard fee for the Hearing actually attended.

Please telephone to confirm fees for other types of Hearings.