Terms & Conditions

Terms of Business

 

Introduction   

 

These terms of business set out the terms and conditions which apply when you instruct Fortis Rose Solicitors to act on your behalf. If work has already commenced on your matter then, unless you notify us immediately in writing to the contrary, you agree that these terms of business apply retrospectively from the start of the work on the matter. These terms of business are subject to any letter of engagement issued with them. If we have failed to communicate any point clearly, please contact us and we shall be happy to provide you with further explanation.

 

Who are Fortis Rose Solicitors

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Fortis Rose Solicitors Ltd (“t/a Fortis Rose Solicitors”) is a private limited company incorporated in England and Wales No: 07349581 and, which has its registered offices at 77A Fore Street, London, N18 2TW, England. Fortis Rose Solicitors is owned by its directors, to whom we refer in these terms of business (and in all our correspondence, emails and dealing with you) by the traditional name of “partners” but our directors are not engaged in a partnership under the Partnership Act 1890 and you accept that both our directors and all our employees and agents act for and on behalf of Fortis Rose Solicitors. Each of our Solicitors is always a member of the Law Society of England and Wales and the Solicitors Regulation Authority subject to their professional rules.

 

Responsibility for your work

    

You will be informed of who within our firm will be responsible for day-to-day conduct of your matter. This will be the person will carry out most of the work personally although other solicitors, paralegals, consultants, caseworkers or legal executives within the firm may carry out some of the work on your behalf under the supervision of a qualified solicitor.

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We are always contactable during our firm’s normal business office hours from 9.30am to 5.30pm from Mondays to Fridays.

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Scope of Work

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The specific work we will carry out for you will be set out in our Client Care Letter.

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If the scope changes, we will confirm this in writing.

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We do not provide legal advice by telephone. Advice is only given following a formal consultation, once we have had the opportunity to review your matter properly.

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Quality and Standard of Service

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In all our dealings with our clients we aim to provide a high-quality service, to find out what our clients want, and achieve it. We try to work quickly and efficiently, and we hope you find us friendly, and we hope approachable. A nominated partner oversees the business of each client. All of our departments are at the service of every client in order for us to provide the depth and range of expertise required to carry out the service to the client.

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At the outset of our carrying out work on your behalf you will be informed as to who will have responsibility for dealing with your work and who will be your main point of contact.

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Verification of client and source of funds

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The Money Laundering Regulations of the Law Society of England and Wales and the Solicitors Regulation Authority require us to obtain satisfactory evidence as to the identity of our clients BEFORE we can act on their behalf. If you do not or cannot supply that information, we are unable to carry out any work for you. Such evidence must be obtained in respect of all parties for whom we act under these terms of business, including individuals and corporate bodies.

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We are also required to verify the source of funds passing through our hands, where these are provided by a third party. In these circumstances you accept that we are entitled to make such enquiries of you and/or others in order to satisfy ourselves of the source of such funds, and you must provide us with the relevant information immediately on request.

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We use a third party agent to carry out AML check. By entering into this agreement, you give us your explicit consent to share your personal and contact information with such third party providers for the sole purpose of completing the required AML, identity, and compliance checks. These providers may contact you directly to complete verification. We will ensure that any third party provider we use complies with applicable date protection legislation and processes your information only as necessary for these checks.

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Instructions

   

Instructions may be given to us in writing or verbally. We may ask you to confirm in writing terms of verbal instructions given to us, which, when required, should be done by return of post. If there is any change in your instructions, you must notify us immediately. If you wish anyone other than yourself to give us instructions or information, you must confirm this in writing.

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You must let us have full details of each matter so that we can advise on the issues raised and how they must be dealt with.

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We rely on the information given to us by you to understand your position and to carry out our work. It is very important that we are given as much information as possible and are told about anything that may be relevant to the work, we are instructed to carry out for you.

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Unless we agree otherwise in writing, we shall assume that where we act for more than one person but only one of them tells us what to do, that person has the authority of the other(s) to do so. Where we do act for more than one person, each person for whom we do work is joint and severally responsible for the instructions given to us and for payment of our fees and outlays in connection with that matter.

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Communication by external E-mail

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We may communicate with you electronically unless you expressly request otherwise. We may also receive electronic communications from you. The electronic transmission of information by email or otherwise has inherent risks and you understand that such communications may become lost, delayed, intercepted, corrupted or fail to be delivered. We shall use our reasonable endeavors to ensure that electronic communications are free from viruses and any other material which may cause harm to any other computer system. You undertake to do likewise with any electronic communication sent by you. You accept that because electronic transmissions of information cannot be guaranteed to be secure or error-free and that its confidentiality may be vulnerable, we shall have no responsibility or liability in respect of such matters other than arising from our bad faith or willful default.

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Conflict of interest

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We cannot act for two or more parties if they have conflicting interests. Please advise us at the outset if you are aware of potential conflicts which may arise. We may need to decline your instructions if there is such a conflict. If you or we become aware of a possible conflict in the course of our acting for you we may require you to cease to act on your behalf. You will remain responsible for our fees for the period to the date on which we cease to act.

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Confidentiality

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Confidentiality is a fundamental principle we will abide towards all client information and documents. We will treat any and all such information and documents as confidential and privileged unless you waive such confidentiality, or we are required to divulge it by law. In the course of our acting on your behalf it will be necessary for us to hold information which you may give us or which may obtain on your behalf from third parties. In instructing us you agree that we may use such information in the ordinary course of acting for you.

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Copyright and Third parties

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All copyright in documents we produce is reserved to us. The advice given and documents prepared are for your use only and may not be copied or used by any third party without our express written consent.

 

How long will the work/transaction take to complete?

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The nature of legal work often makes it difficult to estimate precisely how long a transaction will take to complete. When we discuss your requirements at the outset we will also discuss time scales. We shall attempt to meet these and aim to deal with everything as quickly and efficiently as possible. Quite often the speed at which work can be completed is affected by the co-operation (or lack of it) we receive from other people, which is generally a factor out of our control.

 

Professional Fees, Expenses and Disbursements

 

Hourly rates (2025) subject to review annual

 

Our standard hourly rates (exclusive of VAT) are:

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• Grade A Solicitor / Director – £385 plus VAT

• Solicitor – £250 plus VAT

• Trainee Solicitor – £150 plus VAT

• Paralegal – £125 plus VAT

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Time is charged for meetings, correspondence, telephone calls, drafting, reviewing, research, travel and all other necessary work. Rates are reviewed annually with notice.

This estimate is based upon the information which is currently available and that we have discussed previously. Time is recorded in six-minute units. In the course of enquiries variables may arise and, if so, it may become necessary for us to revise our estimate in the light of this. If this becomes necessary, you will be advised of this in advance and will be supplied with a new estimate of our total costs.

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It is this Firm’s practise to carry out some initial work before requesting payment of a proportion of the fees quoted above. The solicitor with conduct of your case will provide initial advice on your case and begin the preparation of your case for the court hearing. Thereafter, you will be invoiced for the agreed fee to cover the work done to date. The balance of the agreed fee must be paid at least 14 days before a listed hearing.

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We must advise you that if the amount owed prior to the final Court hearing is not paid and cleared in the Firm’s account by the date of the hearing (i.e. if paid by cheque this must clear through the banks), we will not be in a position to represent you at a hearing or generally not act for you.

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Abortive costs

If your matter does not proceed to completion or conclusion for any reason, all work undertaken and costs incurred remain payable. Where a fixed fee has been agreed, 65 % of that fee will be payable as abortive costs plus any disbursements incurred.

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Disbursements

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Disbursements are expenses paid on your behalf and may include:

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• File storage – £60 plus VAT per annum

• AML search – £25 plus VAT per client or name

• Photocopying – £0.15 per colour page, £0.10 per B/W page

• Travel, parking, courier or administrative costs charged at cost or at paralegal rates

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Disbursements are usually payable in advance or on request.

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Third Party Fees (Counsel, or other professionals) : The fees of third parties, which may be required in your case, are separate to those of Fortis Rose Solicitors. Any such fees will be fully discussed with you before any decision is made to instruct any third-party agents on your behalf. If it is agreed by you that any such third party should be instructed, then the agreed fees of the third party concerned shall be payable in advance of any instructions given on your behalf.

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Value Added Tax (VAT) : We will add VAT to our charges at the rate that applies when the work commences.  At present, VAT is 20% however, for all intents and purposes VAT shall mean the rate as applicable at the time of this Firm raising its bill..

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Billing frequency : Our bills may be issued on an interim basis as work in progress accumulates or, on completion of, or at a natural break during the relevant matter unless a separate agreement is reached with you in writing.

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Payment Terms 

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Accounts issued by us whether for final or interim fees or for outlays are due for payment on presentation.

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We reserve the right to charge interest at 4% over the base rate of the Bank of England or such higher rate as is allowed by statue, on all sums outstanding more than 30 days from the date issue.

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We will not normally be prepared to continue acting on your behalf should fees remain outstanding over 60 days or if the credit limit on your account has been exceeded.

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If we cease to act for any reason, the full amount of work carried out and outlays incurred up to that date and presently unbilled will then be billed to you.

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We reserve the right to deduct fees from sums held by us on your behalf before we remit monies to you and to exercise a lien on all papers held by us in respect of our unpaid fees and outlays.

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Even where arrangements exist whereby you have an entitlement to recover fees from third parties, you are primarily responsible for payment of our fees in accordance with these Terms of Business.

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Outstanding Monies : You are entitled to change solicitors at any time, but you are responsible for the fees and any other outstanding payments due to us until the time of change. We are entitled to hold any title deeds, files or other papers until payment.

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Non-Payment, Suspension and Termination (Lien Clause) : 

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If we request funds on account and the requested amount is not paid within 7 days, we may:

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1. Suspend all work immediately;

2. Decline to carry out further work; and/or

3. Terminate our retainer by written notice.

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We will not be liable for any loss, delay or prejudice arising from your failure to pay when requested.

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Lien Over File

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We are entitled to exercise a lien over our file, including:

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• Working papers

• Internal notes

• Draft documents

• Correspondence prepared by us

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These will not be released until all outstanding fees and disbursements are paid.

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Documents belonging to you personally will be returned upon request, subject to regulatory requirements.

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Effect of Termination

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If your retainer is suspended or terminated due to non-payment:

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• We will issue an invoice for work completed to date;

• We are not obliged to undertake further work;

• You become responsible for all deadlines and obligations from that point;

• No further notice is required for termination to take effect.

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Client Satisfaction and complaints

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Fortis Rose Solicitors prides itself in providing all its clients with a first-class service. If, however, for any reason you are unhappy about the quality of service provided, or the amount of our fees, then you should, in the first instance, take the matter up with the solicitor with whom you have been dealing. Alternatively, should you prefer it or if you feel your initial approach has not resolved the point, we will invite you to raise the matter with our Client Relations Mr O Gunduz, Director of the Firm. He will ensure that any such complaint is fully investigated, and that you receive a detailed response within ten working days. If you are still dissatisfied, you are always entitled to take the matter up with the Client Relations Office at the Law Society of England & Wales and the Solicitors Regulation Authority contact details of which will be provided to you upon request.

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Professional Insurance

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In relation to any instruction, you give us and services we perform on your behalf, the aggregate liability of Fortis Rose Solicitors and its partners, members, employees and agents for negligence or breach of contract on its or their part shall not exceed the lower (1) the amount, if any, specified in any Letter of Engagement between us and you and (2) £3,000,000. We shall not be liable for any indirect or consequential loss or damage (including but not limited to any loss of profits, goodwill or anticipated savings or other benefits) provided that nothing in these terms of business shall exclude our liability for death or personal injury.

 

We shall not be responsible for the consequences of and shall not be liable for any loss caused to you or any third party arising from any misleading, incomplete or erroneous instructions or information given by you or where information or instructions are not given timorously. In respect of a claim by such a third party in such circumstances you will wholly indemnify us in respect of that claim.

 

In the event that you suffer or incur any loss, cost, damage or expense resulting from arising from any matter carried out for you then you accept that your claim will lie solely with Fortis Rose Solicitors and you agree not to bring any claim personally against any individual partner, director, member, employee or agent of Fortis Rose Solicitors (“Fortis Rose Solicitors Individuals”) and the benefit of the limitations and exclusions of liability set out or referred to in these terms of business shall be held by Fortis Rose Solicitors as agent and trustee for each of the Fortis Rose Solicitors Individuals.

 

Limitation of Liability

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Our liability is limited to the amount set out in our Client Care Letter, subject to the minimum requirements of the SRA Indemnity Insurance Rules.

 

We are not liable for:

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• Loss caused by inaccurate or incomplete information provided by you

• Loss arising from third-party failures or delays

• Consequential or indirect losses unless expressly stated

 

Nothing in these Terms limits liability for fraud or for anything which cannot be lawfully excluded.

 

Records

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At the end of the transaction or litigation we will keep our files and papers (except for any of your paper which you ask to be returned to you) for no more than 6 years.

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We keep the file and papers on the understanding that we have the authority to destroy them 6 years after the date of the final bill we send for the matter.

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We shall not destroy the documents you ask us to deposit in safe custody. We shall, however, pass on the relevant costs to you.

 

If we retrieve papers or documents from storage in relation to a continuing matter or new matter, then there will be retrieval and administration cost of £75.00 payable to Fortis Rose Solicitors.

 

Termination by You : You may terminate your instructions at any time in writing. We will issue an invoice for work completed up to the date of termination.

 

Termination by Us :

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We may cease acting where:

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• You fail to provide instructions;

• You fail to make a required payment;

• Continuing to act would breach our professional or legal obligations; or

• There is a breakdown in trust or confidence.

 

We will give reasonable notice unless immediate termination is required for regulatory compliance.

 

File Storage and Retention : We may store files electronically or physically. Files will be retained for a minimum period (to be confirmed in your Client Care Letter) and then destroyed securely. We may charge a reasonable fee for retrieving archived files.

 

Governing Law

These Terms and any dispute arising from them shall be governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

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