Terms of Business 2011(20-08-2011)

1. I will provide legal services on the following terms and will give your affairs all proper professional skill, care and attention.

2. In appointing me to act on any matter in accordance with your instructions you are also authorising me to take any steps I consider necessary to protect your interests in that matter, unless you instruct me to the contrary, and to incur reasonable disbursements on your behalf. I will charge you a 20% administration fee on top of any disbursements incurred and paid by me

3. My fees are based on the various criteria laid down by statute, regulation and most importantly the Terms of Business letter and schedules attached. Figures provided by me of likely fees and disbursements are given only as a guide to assist you in budgeting and cannot be treated as a firm quotation unless expressly agreed in writing. I usually request payment in advance, on account of fees and disbursements by way of retainer if not working under a consultancy agreement

4.I will either send you a monthly fee note, invoice or request for payment. Each one is a final bill. VAT will be charged if applicable. My fee notes, requests for payment or invoices are due for payment in full upon presentation. I reserve the right to charge interest on amounts outstanding at 1% per month if the fee note, invoice or request for payment or VAT invoice is not paid within 14 days. You may pay direct into my bank account. Every fee note, request for payment or invoice will be accompanied by payment instructions. If you pay by bank transfer you must pay all charges and remit in sterling (and pay any conversion costs or commission)

5. You may withdraw your instructions at any time by written notice to me. I may withdraw on giving you written notice where I have reasonable grounds to do so (including failure by you or your associates to settle requests for payment or invoices in full within fourteen days or to make retainer payments in advance when so requested). I also reserve the right to suspend work on the same grounds, by written notice to you. I will keep all your papers unless I am paid in full. This is a contractual term in addition to my lien. Withdrawing instructions however will not remove your obligation to make payment for the balance of fees due or remainder of the Consultancy period or notice period thereof. If you dispute an invoice, fee note or request for payment you must pay it in full in any event. I will reimburse you if the dispute is resolved in your favour

7. I reserve the right, and you agree, that I may, to keep all your papers, documents and funds, irrespective of the matter to which they relate, until all fees and disbursements owed by you or your associates, in respect of any other matters are paid in full.

8. I will return all files and other papers relating to your matters upon completion. You should then keep them for at least 8 years after completion of the matter following which you may destroy them without further notice to me, unless I have previously asked you in writing to keep them for longer. If you do not want the papers returned I will arrange their destruction.

9. These terms apply to you and your associates, which for these purposes includes all companies trusts or equivalent entities which you control or which control you or which are in common ownership or control with you.

10. I may vary these terms from time to time on reasonable written notice to you. If you continue to give instructions after notice you are contractually deemed to have agreed the new terms and rates.

11. If you have any comments or concerns about the services that I provide, please speak to me. I operate a written internal complaints procedure. There are conciliation services provided by the Law society if we cannot resolve.

12. By accepting these terms of business either by (1) countersigning them or (2) receiving them and then subsequently giving instructions on them, you accept that in the event of my negligence the amount of your claim is limited to the greater of £2,000,000.00 or the upper limit of my professional indemnity insurance in force at the time of the claim. I currently maintain professional liability insurance in the sum of £2,000,000. Save as provided under the Misrepresentation and Unfair Contract Terms Act, or any amendment or re enactment thereof, my liability to you the client for any loss, injury or damage of any nature whatever, whether direct or consequential, including without limitation in respect of negligence or breach of my duty to you is hereby limited to such sum in respect of any one claim or series of related claims, except in the case of fraud, where no limit shall apply. You may request that at the your expense I take out top up cover to such limit as you shall require

13. This contract is subject to Isle of Man Law and you submit to the jurisdiction of the Courts of the Isle of Man. We will agree to small claims arbitration in respect of any dispute for £100,000 or less.

14. NB. Whilst I still maintain a practising certificate as a solicitor for England and Wales I only accept instructions as an Isle of Man Advocate and member of the Manx Bar unless I have specifically agreed to act as an English Solicitor in writing and the case demands that I act in that capacity. Without my written agreement in my terms of engagement letter signed by both me and the client I will not be deemed to be acting as an English Solicitor just by virtue of the fact that I advise on English law, or in relation to an English case or matter..

15. FURTHER we have specifically agreed that in respect of all matters where I am acting as a Manx Advocate and have not agreed in writing that I am acting as an English Solicitor we will submit all disputes or complaints about how I have performed my professional duties toward you to the Isle of Man Law Society and the Advocates Disciplinary Tribunal and not to the SRA or Legal Ombudsman