TERMS & CONDITIONS
Blackstones Legal will act at all times act as agents on behalf of the instructing firm and for that purpose its fees are recoverable under PD 4.18 Part 43 - Crane v Canons Leisure [2007] EWCA Civ 1352 - Confirmed that the fees of an external Law Costs Draftsman can be treated as Solicitors' work rather than a disbursement. A success fee can also be claimed in CFA cases.
1. FEES
• Blackstones Legal charges are a flat Grade D rate £118 per hour for all work done to ensure transparency in our fees unless we agree a special rate.
• Any additional work is undertaken at a separately agreed hourly rate.
• All invoices are payable immediately in one single payment unless otherwise agreed in writing.
• Blackstones Legal reserves the right to charge interest from the date of the invoice until payment in full at the rate of 2% per month compounded monthly.
• If an invoice is not paid and a debt recovery specialist is instructed to recover the amount of the outstanding invoice, Blackstones Legal reserves the right to add the additional costs incurred to the amount of the invoice and to charge interest (calculated above) on the total amount owing.
• All invoices raised by Blackstones Legal attract VAT at the prevailing rate, where applicable.
2. YOUR RESPONSIBILITY
The Client has a statutory duty and responsibility to check all draft bills of costs before dispatch to a third party including its own client.
3. ACCEPTANCE OF TERMS
Continued instructions after the date of these terms will deem the parties to accept the terms.
4. LIMITED LIABILITY
Save as provided by statute, Blackstones Legal shall only consider issuing a credit note and/or be liable or responsible for loss or damage sustained by the Client provided that the invoice for the service which gave rise to such loss or damage has been paid within 30 days of the date of the relevant invoice. Blackstones Legal will not be liable for consequential loss or damage or loss or damage caused by the exercise by any officer of the Court of his discretion when dealing with the Assessment of Costs to which the invoice relates.
5. APPLICABLE LAW
The contract between Blackstones Legal and the Client is governed by English Law.
6. DATA PROTECTION
For the purposes of the Data Protection Act 1988, Blackstones Legal confirms that it does not hold any information from client files.
7. RIGHTS OF THIRD PARTIES
For the purpose of the Contracts (Rights of Third Parties) Act 1999, we agree that no term of this agreement with you is enforceable by a third party.
8. CONFIDENTIALITY
Blackstones Legal will keep information passed to us confidential and will not knowingly, nor intentionally, disclose it to any third parties unless authorised by the Client or as required by law. Blackstones Legal will not breach this obligation to the extent that the confidential information which is disclosed is or becomes publicly known without the fault of Blackstones Legal.
9. THIRD PARTIES
Blackstones Legal may be required to engage a third party on your behalf (e.g. Barrister). Blackstones Legal does not accept any responsibility for any act or omission of a third party unless otherwise agreed.
10. FORCE MAJEURE
If Blackstones Legal performance of the work is delayed or prevented by circumstances beyond its reasonable control, then it will use all reasonable endeavours to resume performance as soon as possible, but will not be in breach of this Agreement because of any delay in performance.
11. *NEW CLIENT DISCOUNT
All clients shall receive a 'new client discount' at the sole discretion of Blackstones Legal which can be withdrawn at anytime without notice. The 'new client discount' is limited to any party that has not previously instructed Blackstones Legal to provide their service. The reduction of our fees does not apply to any attendance at any hearing. The reduction of our fees for new clients shall be 50% on the first instruction (file) 25% on the 2nd instruction and 10% on the 3rd and 4th Instruction. Any further discounts are subject to prior written agreement. Reductions on the 1st and 2nd instructions are limited to fast track cases with a value of £5,000 or less.
12. *SERVICE LEVEL GUARANTEE
Our service guarantee for costsing files within 10 days is limited to all fast track cases only. Multi track cases may take longer but you shall be advised upon receipt and consideration of the file of papers by us if the 10 day limit is likely to be exceeded. Urgent matters required to be dealt with within the 10 day limit can be agreed by separate arrangement.
* Blackstones Legal is not a law firm