Hosaisa Alabdw - Terms of Business

BROWN AND CO SOLICITORS
TERMS OF BUSINESS
1. INTRODUCTION AND DEFINITIONS
1.1 These terms of business (“Terms”) shall be read and construed in accordance with the Client
Care Letter. Where there is any inconsistency between the Terms and the Client Care Letter, the
latter will prevail.
1.2 In the Terms, the following words and phrases shall (where the context admits) have the following
meanings:
‘Brown and Co Solicitors’ means the legal services organisation including all staff employed by
the firm
‘Client Care Letter’ means a letter of other document (however described) enclosing or referring
to our Terms and recording our engagement by you for the purpose of delivering the Services
together with and duly varied by any other letter, document or terms that (with the agreement of
the Parties) supplement or otherwise vary the provisions of the first mentioned letter or other
document
‘Parties’ means you and Brown and Co Solicitors
‘Services’ means the services provided or to be provided by us in accordance with the Services
Agreement
‘Services Agreement’ means the contract between you and Brown and Co Solicitors, the
provisions of which are recorded in the Terms and Client Care letter and
‘You’ means the client(s) specified in numbered section 1 of the Client Care Letter (and words
such as ‘you’ shall be construed accordingly.
1.3 References to any statute or statutory provision includes a reference to that statute or provision
as from time to time to time amended, extended, re-enacted or consolidated and to all statutory
instruments or orders made under it (as from time to time amended, extended, re-enacted or
consolidated)
1.4 Words denoting the singular number only, include the plural and vice versa
1.5 Words denoting the masculine gender include the feminine gender and vice versa
2. WORKING WITH YOU
2.1 To achieve your objectives, it is imperative that you and Brown and Co Solicitors work together as
a team and that any changes in your objectives are communicated promptly and clearly to Brown
and Co Solicitors
2.2 We will rely on you to provide us, promptly, with all the up to date, accurate and complete
information necessary for us to provide the Services in accordance with the Services Agreement.
You should inform us, immediately upon becoming aware, of any changes to information already
supplied or new information that might impact upon our provision of the Services
2.3 If you would like to make any suggestions as to how our service to you could be improved or, if
you are dissatisfied with our service, please contact the person specified for this purpose in the
Winston Brown LLB (Hons) - Principal

Joseph Golstein (LLB Hons) Consultant Clerk/Retired Solicitor
Ian Sandy LLB (Hons) – Consultant Solicitor
Brown and Co Solicitors is regulated by the Solicitors Regulation Authority (SRA). Our SRA Number is 562128
Client Care Letter. You are referred to the paragraph on complaints in our Client Care Letter in
this regard.
3. OUR SERVICES
3.1 Subject as follows, the scope of the Services is as described in the Client Care Letter. We shall
not be responsible for providing any advice or other service outside that scope.
3.2 We will use all reasonable skill and care in the provision of the Services
3.3 It is possible that relevant changes in law or regulation or its proper interpretation or application
may occur after provision of the Services or any aspect of them. Unless we have specifically
agreed to the contrary in the Client Care Letter, we shall not be obliged to provide any advice in
respect of such changes or their implications nor to revise, amend or qualify the Services or any
aspect of them that have already been provided when such changes occurred
3.4 The Services are provided to and for the benefit of you alone and for the purposes that you have
communicated to us. They cannot be used or relied upon by any other person or for any other
purpose. Accordingly, you agree that you will not disclose any aspect of the Services to any other
person nor will you seek to rely on same for any other purpose
4. SERVICE STANDARDS
4.1 The following points represent our service standards with you
 We will update you by written email and/or by letter with progress on your matter on a monthly
basis or following significant events in your case e.g. a hearing. We will communicate with you in
plain language.
 We will explain to you by telephone or in writing the legal work required as your matter
progresses.
 We will update you on the cost of your matter on a monthly basis.
 We will update you on whether the likely outcomes still justify the likely costs and risks associated
with your matter whenever there is a material change in circumstances.
 We will update you on the likely timescales for each stage of this matter and any important
changes in those estimates.
 We will continue to review whether there are alternative methods by which your matter can be
funded.
 At the outset of your matter we will identify with you your realistic goals for a successful outcome
in your matter. We will keep these goals under review throughout the course of the case.
5. RESPONSIBILITIES
5.1 In conducting work for you under the Services Agreement we confirm that our responsibilities:

 We will review your matter regularly including the case merits, costs and strategy.
 We will advise you of any changes in the law.
 We will advise you of any circumstances and risks of which we are aware or consider to
be reasonably foreseeable that could affect the outcome of your matter.
5.2 During the course of your case we confirm that your responsibilities are as follows:
 You will provide us with clear, timely and accurate instructions.

 You will provide all documentation required to complete the transaction in a timely manner.
 You will safeguard any documents which are likely to be required for discovery
PEOPLE WORKING FOR YOU
5.2 Subject as follows, the Services will be provided by us through the persons specified in the Client
Care Letter or by such other persons as we shall notify to you. The professional qualifications (if
appropriate) of the person referred to in clause 6.1 are as specified in the Client Care Letter and
any subsequent notification
5.3 From time to time and in order to enable the Services to be provided in a timely and cost effective
manner, tasks may be delegated to suitable experienced persons other than those referred to in
clause 6.1. Such persons include members, partners, directors, employees, representatives and
agents as the case may be. Whilst we will ensure that tasks are only delegated to individuals who
possess the necessary skills and experience to undertake such tasks in a competent and
professional manner, such individuals may not possess a professional legal qualification or any
particular professional legal qualification
5.4 It may be necessary, in connection with the provision of the Services, for us to instruct or for us to
advise you to instruct experts outside of Brown and Co (including, without limitation, law firms,
specialist counsel and accountants). We will discuss any such instructions and the likely cost with
you at the appropriate time.
5.5 In addition, Brown and Co Solicitors receives IT support from a company called Evoluta. It may be
necessary from time to time for this company to have access to your manual or online files or
information to give us necessary IT support on the basis of maintaining the strictest of confidence
in relation to such information. You agree that we may disclose information on your case as part
of our sourcing IT support from Evoluta and from any other company we may be required to for IT
support services.
6. FEES
6.1 Our fees will be charged on the basis set out in our Client Care Letter. In cases where our
charges are based on hourly rates, rates are subject to review from time to time and we will keep

you informed of any changes which are made. Letters, phone calls and emails will be charged as
the relevant proportion of the hourly rate.
6.2 Any fee estimate given by us will be given in good faith but will not be contractually binding unless
the Client Care letter expressly provides that it shall be. It will be subject to any stated exceptions,
assumptions and any other factors and, wherever it is practicable to do so, we will notify you if it is
likely to be exceeded
6.3 We may also act under a Damages Based Agreement or in certain circumstances agree to act for
a fixed fee. If acting under a Damages Based Agreement (in an employment matter) you would
pay us an initial sum plus VAT and a percentage plus VAT of any compensation awarded by the
tribunal or of sum payable under any settlement. We will specify the amount of the initial sum and
amount of the percentage fee in the client care agreement. Please note that the initial fee is
nonrefundable and payable irrespective of the outcome of your case. If we consider that counsel
ought to be used to represent you at any hearing you are liable to pay this sum and up front. If we
conduct advocacy for you we will charge a fixed fee if the hearing is set down for more than 1
day. You remain liable to pay yourself for any disbursements arising on your case. We would refer
you to the terms of the Damages Based Agreement you would have been issued if we are acting
for you under this route. We would normally ask for some or all of our costs paid on account if
acting for a fixed fee. Even when acting under a Damages Based Agreement we will usually ask
you to pay a fixed sum to cover initial work to be done on your case. This sum is in addition to our
fees due under the Damages Based Agreement. You are liable to pay this sum irrespective of the
outcome of your case and ordinarily work will only commence when this has been paid.
6.4 In some cases, we may agree to act for you on a fixed fee basis. In all such cases the entirety of
the fixed fee is payable once we commence work on your case and irrespective of when the case
concludes or if you withdraw your instructions.
6.5 We will charge for expenditure (such as counsel’s fees, overseas legal fees, enquiry agent’s fees,
valuation fees, courier charges, medical report fees, travel expenses and photocopying charges)
(‘disbursements’) that is incurred on your behalf
6.6 VAT is payable on any of our fees.
6.7 We may, at any time, ask you to pay money on account of anticipated fees and Disbursements.
Subject to any applicable legal, regulatory or other professional restrictions or requirements, we
may decline to act for you or suspend or terminate the provision of the Services if you fail to make
such a payment upon request.
6.8 We may charge interest on any invoice remaining unpaid after 14 days. Interest would be payable
at the rate set by our bank Lloyds Bank.

6.9 You have the option in private funding or fixed fee arrangements to set upper limits on the costs
we may incur without obtaining further authority from you. We will then contact you in writing
when this limit is being approached to discuss the issue of costs further.
6.10 Subject as follows and unless otherwise stated in the Client Care Letter, we will submit
invoices on a monthly basis. Disbursements only bills may be delivered at the same time as or at
any time after the expenditure has been incurred
6.11 All invoices will be expressed in the currency specified in the Client Care Letter (or, if no
currency is specified, in sterling) and are payable, in that currency on delivery (or such other date
as is stated in the Client Care Letter). Any query on an invoice must be raised within 14 days of
delivery. If an invoice is not paid within 30 days of the due date, we reserve the right to charge
interest from the date of the invoice at three per cent above the prevailing base lending rate in the
United Kingdom of Lloyds TSB Bank plc. We also reserve the right (subject to any applicable
legal, regulatory or other professional restrictions or requirements) to suspend or terminate the
provision of the Services if any invoice is not paid within 30 days of the due date (although we
would not do so without consulting you first).
6.12 Subject to any applicable legal, regulatory or other professional restrictions or

requirements, we may apply any money that we are holding for you whether on account or
otherwise) towards the settlement of any outstanding invoice
6.13 Subject, also, to any applicable legal, regulatory or other professional restrictions or
requirements, we may retain deeds, documents, monies and other items held for you until our
fees and disbursements have been paid in full.
6.14 Our practice's policy is not to accept cash from client. Payment should be made by
cheque or bank transfer. If you wish to make a bank transfer let us know and we will provide
necessary details. Cash will only be accepted if it is not possible for the client to pay in the ways
stated. All sums should only be paid into our account by one of our staff in which case the sum
and purpose of the payment will be agreed before accepting payment. If you try to avoid this
policy by depositing cash directly with our bank, we may decide to charge you for any additional
checks we decide are necessary to prove the source of the funds.
6.15 Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not
be paid in cash or to a third party.
6.16 Where you pay any monies to us we will confirm receipt of the said sums by email
6.17 Any money received on your behalf will be held in our client account. Brown and Co
Solicitors do not under any circumstances pay interest on any monies held by us for
clients or for any other persons.

6.18 When we are instructed to represent you at any hearing you also agree to clear any
outstanding fees within 10 days of the hearing date.
6.19 You agree that if however, there are fees outstanding as at the date of any settlement or
court or tribunal hearing that the firm will receive payment onto its client account and deduct any
outstanding fees and forward the balance of any monies due to you. If any part of the said monies
are due to a third party e.g. the court then we will agree with you which of us should discharge
that liability.
Fixed Fees
6.20 When we agree to act for you under a fixed fee you are liable to pay the entirety of the
fixed fee once you confirm your instructions to us to act which can be by signing and returning the
client care letter or terms of business or Damages Based Agreement or by otherwise
communicating your instructions to us to act.
6.21 Interest may be payable by our bank from time to time on money we hold for you. It is the
policy of this firm to retain any interest received and not to pay interest onto clients under any
circumstances.
6.22 If you reject our advice at any stage during the course of the retainer under a fixed fee
arrangement we are entitled to cease acting for you. You agree that we remain entitled to
payment of the entire sum of the fixed fee.
6.23 In some cases we can act for a fixed fee. It may occur that you withdraw your instructions
for us to act after we have commenced work under a fixed fee arrangement. In such
circumstances you agree to pay us for the time we have spent on the work up to the point where
you withdrew your instructions calculated to the firm's hourly rate which is currently £250 per hour
plus VAT.
7. CONFLICTS OF INTERST
7.1 We will not act for any other client in relation to the subject matter of the Services, where the
interests of that other client in the subject matter of the Services are averse to your own, unless
you have agreed that we may do so in which case we would take advice from the Solicitors
Regulation Authority in deciding whether to act. Subject to this Brown and CO shall be free to act
for any other client in respect of any matter, even if the interests of the other client are or become
averse to your own.
7.2 Subject as follows, we will treat all information which is provided to us by you or on your behalf for
the purposes of providing the Services as strictly confidential and we will not use or disclose this
information except for the purposes of providing the Services (which you acknowledge may
require us to disclose information to third parties, including your other advisers). This obligation
will not apply to any information which is in or comes into the public domain otherwise than as a

result of a breach by us of the Services Agreement, nor does it apply to information which is
already lawfully in our possession at the time it is communicated to us.
7.3 Notwithstanding clause 8.2, we will be entitled to disclose confidential information relating to or
belonging to you to:
7.3.1 Our professional indemnity insurers
7.3.2 Our auditors and any other professional advisers appointed by us from time to time
7.3.3 Any other third party to the extent that this is required by law or regulation; and
7.3.4 Brown and Co for the purpose of conflict checking and other bona fide purposes if Brown and
Co concludes this to be reasonably necessary
7.4 Subject to clause 8.5, you agree that only information known to individuals who are directly
involved in the provision of the Services shall be taken into account in determining the extent of
our duties of disclosure to you
7.5 You agree that we will not be under any obligation to disclose to you any information in respect of
which we owe a duty of confidentiality to another client or any other person and you agree to us
acting for you notwithstanding that we may hold such information and further notwithstanding that
it may be material to the subject matter of the Services. Where we consider it necessary or
otherwise appropriate, we will put in place such arrangements as we see fit in order to ensure that
the confidentiality of such information is maintained
7.6 The possession of information, in respect of which we owe a duty of confidentiality to you, shall
not preclude us from acting on behalf of any other client in respect of any matter. Where we
consider it necessary or otherwise appropriate we will put in place such arrangements as we see
fit in order to ensure that the confidentiality of such information is maintained.
7.7 In circumstances where
7.7.1 We are in possession of information in respect of which we owe a duty of confidentiality to

another client or any other person or in respect of which we owe a duty of confidentiality to
you; and
7.7.2 Subject as set out in clause 8.7.3, applicable legal, regulatory or other professional
restrictions or requirements prohibit or restrict our ability to act for you or any other client, as
the case may be, by virtue of our being in possession of such information; and
7.7.3 Such prohibition or restriction is capable of being relieved by the creation of an information
barrier; and

7.7.4 We determine that, in the circumstances, it is appropriate to act for you or any other client, as
the case may be,
you agree to us acting for you or any other client, as the case may be, and to our use, for the purpose
of protecting confidential information, of an information barrier that complies with applicable legal,
regulatory or other professional restrictions or requirement in force at the time of implementation of
the said information barrier
8. FINANCIAL SERVICES
8.1 We are not authorised by the Financial Services Authority. If, while we are acting for you, you
need advice on investments, we may have to refer you to someone who is authorised to provide
the necessary advice.
8.2 However, we may provide certain limited investment advice services where these are closely
linked to the legal work we are doing for you. This is because we are members of the Law Society
of England and Wales, which is a designated professional body for the purposes of the Financial
Services and Markets Act 2000.
8.3 The Solicitors Regulations Authority is the independent regulatory arm of the Law Society. The
Legal Ombudsman is the independent complaints-handling arm of the Law Society. If you are
unhappy with any investment advice you receive from us, you should raise your concerns with
either of those bodies.
9. HOURS OF BUSINESS
9.1 Our hours of business are 9.30 am to 6 pm Mondays to Fridays. We are able to meet or liaise
with clients outside these times by agreement as if particularly urgent.
10. ELECTRONIC COMMUNICATION
10.1 You agree that we may communicate with you by email sent, without encryption, over the
internet. You agree that we do not need to send a copy of any electronic communication already
sent by us by post also. We shall not be responsible for any loss or damage arising from the
unauthorised interception, re-direction, copying or reading of emails, including any attachments,
nor shall we be responsible for the effect on any computer system (or any loss or damage arising
from any such effect) of any emails, attachments or viruses which may be transmitted by this
means (save to the extent that this is caused by our negligence or willful default).
10.2 From time to time and with your agreement, we may use internet-based document
management and retrieval tools in connection with the provision of the Services. We shall not be
liable for any loss or damage arising out of any data loss or damage from using the system save
where such damage has arisen through our negligence or willful default.
11. PROFESSIONAL INDEMNITY INSURANCE

11.1 Brown and Co Solicitors is insured with Traveler’s who can be contacted at Exchequer
Court, 33 St. Mary Axe, London EC3A 8AG. The cover is in relation to work done by us in
England and Wales.
12. EQUALITY AND DIVERSITY
12.1 Brown and Co is committed to promoting equality and diversity in all of its dealings with
clients, third parties and employees. Please contact us if you would like a copy of our equality and
diversity policy
13. DATA PROTECTION
13.1 We are required to act in accordance with the General Data Protection Regulation
(GDPR) in the handling of any of your personal data held by us. We here draw your attention to
our Privacy Notice which sets out how and for purpose we process your personal data, the lawful
bases we rely on and your rights in relation to such processing. By signing these terms of
business, you agree that your attention has been specifically drawn to our Privacy Notice.
14. STORAGE OF DOCUMENTS
14.1 It is our policy to archive files and documents for a period of at least six years after they
are regarded as closed by us. We accept no responsibility or liability, however, for any loss or
damage caused by our failure to retain files and/or documents for any period after such closure
and are authorised by you to destroy files and/or documents after such time. We will not destroy
documents that we agree to hold in safe custody.
14.2 You agree that we shall be entitled to retain and use for our own purposes copies of all
files and documents created and received by us (including any documents recording opinions of
counsel) during the provision of the Services.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 We retain all copyright, database rights and other intellectual and proprietary rights in all
works and other things developed, designed, generated or created by us in the course or
providing the Services including the systems, methodologies, software, data, know-how,
documents and working papers. For the avoidance of doubt, we retain all copyright, database
rights and other intellectual property and proprietary rights in all reports, written advice,
documents, data and all other material provided by us to you.
16. OUTSOURCING OF WORK
16.1 Sometimes we ask other companies or people to do photocopying and typing on our files
to ensure this is done promptly. We will always seek a confidentiality agreement with these

outsourced providers. If you do not want your file to be outsourced, please tell us as soon as
possible.
17. VETTING OF FILES AND CONFIDENTIALITY
17.1 External firms or organisations may conduct audit or quality checks on our practice.
These external firms or organisation are required to maintain confidentiality in relation to your
files.
18. MONEY LAUNDERING
18.1 The law requires solicitors to get satisfactory evidence of the identity of their clients and
sometimes people related to them. This is because solicitors who deal with money and property
on behalf of their client can be used by criminals wanting to launder money.
18.2 To comply with the law, we need to get evidence of your identity as soon as possible. Our
practice is to require a copy of your passport or driver’s license and a recent utility bill (not a
mobile phone bill). The fee for these making such copies is 10 pence per page or other
reasonable copying expenses and will appear on your bill under expenses.
18.3 If you cannot provide us with the specific identification requested, please contact us as
soon as possible to discuss other ways to verify your identity.
19. MAKING DISCLOSURE
19.1 We are professionally and legally obliged to keep your affairs confidential. However,
solicitors may be required by statute to make a disclosure to the Serious Organised Crime
Agency where they know or suspect that a transaction may involve money laundering or terrorist
financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a
disclosure has been made. We may have to stop working on your matter for a period of time and
may not be able to tell you w
20. DISTANCE SELLING
20.1 If we have not met with you in person (for example because we took instructions over the
internet or telephone), the Consumer Protection (Distance Selling) Regulations 2000 apply to this
file. This means you have the right to cancel your instructions to us within seven working days of
receiving this letter. You can cancel your instructions by contacting us by post or by fax to this
office.
20.2 Once we have started work on your file, you may be charged if you then cancel your
instructions. If you would like us to commence work on your file within the next seven working
days, please:
 sign these terms and conditions

 tick the box marked 'commence work now'
 return it to this office by post or fax or hand to the solicitor with conduct of the matter
21. LIABILITY
21.1 The aggregate liability of Brown and Co, in any circumstances whatsoever, and however
caused (including our negligence), for loss and damage arising from or in connection with the
Services (as defined in the terms) shall be limited to the sum of £10,000 (ten thousand pounds)
including costs and interest.
22. APPLICABLE LAW
22.1 Any dispute or legal issue arising from our terms of business will be determined by the
law of England and Wales, and considered exclusively by the English and Welsh courts.
23. TERMINATING THE RETAINER
23.1 You may end your instructions to us in writing at any time, but we can keep all your
papers and documents while there is still money owed to us for fees and expenses. We may
decide to stop acting for you only with good reason. We must give you reasonable notice that we
will stop acting for you. A good reason includes but is not limited to any of the following reasons:
23.1.1 if you do not pay an interim bill or there is a conflict of interest.
23.1.2 if we are unable to obtain clear and proper instructions on how to proceed
23.1.3 if it is clear that you have lost confidence in the manner in which we are carrying out your
work
23.1.4 If you give us instructions which do not comply with our rules of professional conduct or would
amount to a breach of any rule of law or regulations our terms of business or client care letter
23.1.5 If you choose not to accept our advice in relation to your matter
23.1.6 if in our professional judgment we consider that it would be inappropriate to continue to act for
you
23.2 If your instructions are terminated by you or by us we shall be entitled to retain your
papers and documents whilst there is money owing to us in respect of our charges and expenses.
23.3 If you or we decide that we should stop acting for you, you will pay our charges up until
that point. These are calculated on an hourly basis plus expenses as set out in these terms and
conditions and our Client Care Letter.
23.4 Please note that where we exercise our right to terminate the retainer under clause 23.1.1
– 23.1.6 you agree that we remain entitled to the entirety of our fees for work done up to

termination date under an hourly rate basis and the entirety of the fixed fee where we have
agreed to act for you under a fixed fee arrangement and have commenced work on your case.
I, Hosaisa Alabdw, (client) confirm that I have read and understood the Terms of Business of Brown and
Co Solicitors and agree to abide by their terms in the conduct of my case.
SIGNED ........................................................................ Date……………………………………………............
I confirm that I have presented and explained the terms of business of Brown and Co to the client,
Hosaisa Alabdw, and sign these terms of business on the basis that Brown and Co Solicitors will act in
accordance with same.
SIGNED: Date: 21 March 2020


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BROWN AND CO SOLICITORS

1. INTRODUCTION AND DEFINITIONS

2. WORKING WITH YOU

Winston Brown LLB (Hons) - Principal

 We will update you on the cost of your matter on a monthly basis.

Winston Brown LLB (Hons) - Principal

 You will provide us with clear, timely and accurate instructions.

PEOPLE WORKING FOR YOU

Winston Brown LLB (Hons) - Principal

6.6 VAT is payable on any of our fees.

Winston Brown LLB (Hons) - Principal

6.12 Subject to any applicable legal, regulatory or other professional restrictions or

Winston Brown LLB (Hons) - Principal

Winston Brown LLB (Hons) - Principal

7.3.1 Our professional indemnity insurers

7.7 In circumstances where

7.7.1 We are in possession of information in respect of which we owe a duty of confidentiality to

Winston Brown LLB (Hons) - Principal

10. ELECTRONIC COMMUNICATION

11. PROFESSIONAL INDEMNITY INSURANCE

Winston Brown LLB (Hons) - Principal

12. EQUALITY AND DIVERSITY

13. DATA PROTECTION

14. STORAGE OF DOCUMENTS

15. INTELLECTUAL PROPERTY RIGHTS

16. OUTSOURCING OF WORK

Winston Brown LLB (Hons) - Principal

17. VETTING OF FILES AND CONFIDENTIALITY

18. MONEY LAUNDERING

19. MAKING DISCLOSURE

20. DISTANCE SELLING

 sign these terms and conditions

Winston Brown LLB (Hons) - Principal

22. APPLICABLE LAW

23. TERMINATING THE RETAINER

23.1.1 if you do not pay an interim bill or there is a conflict of interest.

Winston Brown LLB (Hons) - Principal

SIGNED ........................................................................ Date……………………………………………............

SIGNED: Date: 21 March 2020

Winston Brown LLB (Hons) - Principal

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