Scope of Work
Our retainer is limited strictly to the work described in the Engagement Letter and to the jurisdiction(s) stated. It does not include any additional hearings, applications, conferences, filings, service of documents, or other services unless expressly agreed in writing. If further work is required, a new or amended Engagement Letter (including fees) must be agreed before we proceed. You must be clear that these Terms apply only to the defined scope.
Duration of Engagement
Unless otherwise stated, our engagement will continue until the earlier of: (i) completion of the specific task(s) set out in the Engagement Letter; or (ii) three months from the date of the Engagement Letter. If your matter continues beyond that point, or materially changes in scope, a new Engagement Letter will be required.
Your Responsibilities and Candour
You must provide full, accurate and timely instructions and disclose all information relevant to your matter. You confirm that you will act honestly and with candour. You are responsible for the truthfulness of information and documents you provide and for promptly notifying us of any material change. Failure to do so may affect the advice we can give, the strategy we can recommend, and the prospects of success.
Third Parties, Counsel and Assistants
We may, where appropriate and with your consent, recommend or introduce third parties (including external regulated solicitors and barristers, experts, overseas counsel, consultants, interpreters or process servers). Those persons will be engaged by you directly and will be responsible for their own work. We are not liable for the acts or omissions of third parties.
Communications and Recordings
To avoid future confusion and for training or compliance purposes, we may keep written records of communications and, where lawful, may record calls or video meetings. By instructing us, you consent to reasonable recording and retention of communications relevant to your matter. All records are handled in accordance with our Data Protection Policy.
Availability and Timelines
We will use reasonable endeavours to meet agreed timelines. However, legal work can be affected by the availability of third parties, the court’s timetable, the pace of counterparties, and the development of evidence. We will keep you informed if timelines must be adjusted. Time spent gathering evidence, obtaining instructions, or awaiting third-party responses may be significant and is not wholly within our control.
Fees, Disbursements and Payment
Our fees are as stated in the Engagement Letter. Unless we expressly agree a fixed fee, fees are charged by reference to time spent and the seniority or experience of the lawyer involved. Rates may be reviewed periodically. Disbursements (including fees, expert fees, interpreters, couriers and travel) are payable by you in addition to our fees and are ordinarily payable in advance.
Invoices are payable within the period stated on the invoice or, if not stated, within 14 days of issue. We may charge interest on overdue amounts at 8% per annum above the Bank of England base rate from the due date until payment. If you dispute an invoice, you must notify us within seven days of receipt, specifying the grounds of dispute; undisputed amounts remain payable.
If you instruct us to begin work during any cancellation period you agree that we may charge for work performed up to the point of cancellation.
Changes in Scope; Additional Work
If your instructions change, or if further or different work is needed, we will set out a further scope and fees for your approval. If we carry out additional work at your request without a new Engagement Letter being signed, you agree that the work is undertaken on these Terms at our then-current hourly rates (unless otherwise agreed in writing).
No Guarantee of Outcome
We will act with care, skill and diligence; however, no outcome—favourable or otherwise—is guaranteed. Legal matters often involve disputed facts, evolving evidence, judicial discretion and opposition from third parties. Results may differ from expectations despite best efforts. If your matter proceeds into litigation or arbitration (to be handled by solicitors/barristers you instruct) you must understand that courts and tribunals decide cases on the merits and may make adverse orders, including costs orders. You may be ordered to pay another party’s costs and the fees of another firm in whole or in part, and costs you incur may not be recoverable or may only be partially recoverable. Enforcement of any costs order in your favour is not guaranteed and may involve time and expense. You should consider the risk of adverse costs before proceeding.
Conflict, Withdrawal and Termination
If a conflict of interest arises, or if continued engagement would, in our reasonable opinion, be improper or unlawful, we may suspend services or terminate the engagement on notice. We may also suspend or terminate if fees are unpaid, instructions are not provided when required, or you ask us to act in a way that is unethical or inconsistent with our professional obligations. and disbursements accrued to the date of termination remain payable.
Confidentiality and Legal Privilege
We treat all information you provide as confidential and will only disclose it as required by law, regulation, court order, or with your consent. Privilege rules can be complex. We will take reasonable steps to preserve privilege where it applies but cannot guarantee that all communications will be deemed privileged by a court.
Data Protection
We are registered with the Information Commissioner’s Office. We process personal data in accordance with applicable data protection law, our Privacy Notice, and your instructions. We will only share your data with third parties where necessary for your matter, where required by law, or where you consent. We take appropriate organisational and technical measures to protect your data. Our full Privacy Notice is available on request.
Intellectual Property and Document Use
We retain copyright and intellectual property rights in all templates, precedents, methodologies and materials we create or supply. You are granted a non-exclusive licence to use documents we prepare solely for the purposes for which they are supplied and not for wider distribution or resale. We may keep copies of your documents for professional records.
File Retention
We retain files for at least six years from closure unless a longer period is required by law. We may store files electronically. At the end of the retention period, files may be securely destroyed without further notice. Please keep originals you supply; if you provide originals, you authorise us to make copies and you agree that we may return originals by post or courier at your cost and risk if requested.
Complaints
We aim to deliver an excellent service. If you are dissatisfied in any way, please let us know promptly. We will acknowledge your complaint within 48 hours and aim to respond in full within 14 days (or 28 days if the matter is complex). Our Complaints Procedure explains how concerns are investigated and responded to. Complaints are handled internally.
Where a regulated solicitor or barrister is separately instructed by you, complaints about their services should be directed to them under their own complaints process and, where relevant, their regulator.
For the avoidance of doubt, any referral of a complaint to a regulator or ombudsman will depend on the regulatory status of the specific professional engaged (e.g., the Legal Ombudsman’s jurisdiction applies to SRA-regulated work by solicitors’ firms, not Aldwych Legal Limited).
Insurance
We maintain professional indemnity insurance appropriate to the nature of Aldwych Legal Limited services. Details are available upon request.
Limitation of Liability
To the fullest extent permitted by law, our aggregate liability to you arising out of or in connection with our services (whether in contract, tort, breach of statutory duty or otherwise) shall not exceed the amount specified in the Engagement Letter, or, if no amount is stated, £250,000. We are not liable for any indirect or consequential losses, loss of profit, goodwill or business opportunity. Where work involves third parties, external solicitors or barristers, we are not responsible for their acts or omissions.
If you suffer loss as a result of the acts or omissions of both us and any other person, our liability will be limited to the proportion of your loss we are justly responsible for. If you have engaged external solicitors or barristers, or other advisers in relation to the same matter, you agree not to recover more than once for the same loss.
Status and Regulation
Aldwych Legal Limited is a legal consultancy. We provide non-reserved legal services under the laws of England & Wales. Our lawyers do not conduct reserved legal activities. Where your matter requires a reserved activity we will recommend and if you agree introduce you to a professional who is appropriate to perform that work from our extensive network of solicitors and barristers. Any such regulated professional will act under a separate retainer between you and them we do not accept responsibility for their acts or omissions.
Our lawyers are legally trained and guided by internationally accredited solicitors and barristers. Further details of our regulation and Professional Indemnity Insurance policy cover is detailed within the ‘legal’ page of our website.
Aldwych Legal Limited operates in full compliance with the framework established by the Legal Services Act 2007 (the “Act”). The Act defines and distinguishes between reserved and unreserved legal activities in England and Wales. Reserved activities are those specific that Parliament has determined must be undertaken only by authorised persons. Other areas of law fall within the category of unreserved activities and can be carried out by competent providers subject to the law and consumer-protection standards that apply to all professional services.
Aldwych Legal Limited focuses exclusively on those legal services. These include legal consultancy, drafting, negotiation, research, compliance, policy and education-law representation, and strategic advisory work. Within these areas we operate to the same ethical and professional standards expected of any leading legal practice, ensuring that our clients receive work of the highest quality, prepared and supervised by legally trained professionals.
Perchance you seek to ascertain the nature of our establishment, it is imperative upon us to make clear the intricacies of our professional classification. As a legal support organisation, we also hereby designate ourselves as distinctly disassociated from the conventional categorisation of a solicitors practice. It is of paramount importance to conscientiously disclose that Aldwych Legal Limited operational modalities and support offerings remain separate of regulatory supervision from the Solicitors Regulation Authority and the Bar Standards Board.
Aldwych Legal Limited does not accept responsibility for any legal advice or representation provided by solicitors or barristers administered to clients that we have referred, as these legal professionals operate independently from Aldwych Legal Limited. We established these strong connections and relationships with reputable solicitors and barristers who are well-equipped to handle litigation matters on behalf of clients. Clients can rest assured that Aldwych Legal Limited will only refer clients to solicitors or barristers who are qualified, experienced and competent in the relevant area of law, and who uphold the highest standards of professionalism and ethical conduct.
Please also note that any referral made by Aldwych Legal Limited to a solicitor or barrister does not constitute a formal partnership, agency, or joint venture between Aldwych Legal Limited and the referred legal professional, and that any engagement with such legal professional could be subject to a separate agreement between the client and the legal professional.
The information provided on Aldwych Legal Limited website is not legal advice, and it should not be relied upon as such. We provided this legal information and assistance for general purposes only, and we do not assume any legal responsibility or liability for the accuracy, completeness, or timeliness of any information or advice provided.
In conclusion, we aim to provide legal information, support and assistance to the best of our abilities, but we do not assume any legal responsibility or liability for the accuracy, completeness, or timeliness of any information or advice provided.
Entire Agreement and Variations
These Terms, together with the Engagement Letter and any written variation agreed between us, form the entire agreement between us. Any variation must be in writing and signed or expressly confirmed by us.
Governing Law and Jurisdiction
These Terms and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with the laws of England & Wales. The courts of England & Wales shall have exclusive jurisdiction to settle any dispute arising from or connected with our engagement.