Legal and regulatory notice
1. Regulatory Notice and Provision of Services Regulations
1.1 Details of how and by whom Field Fisher Waterhouse and its
subsidiaries are regulated can be found here.
1.2 The Regulatory Notice also contains
the information required to be disclosed by the Provision
of Services Regulations 2009, including details of our
insurance policy, the provider and its coverage. It also contains
our VAT numbers across our European offices.
2. Financial Services and Markets Act 2000
2.1 Field Fisher Waterhouse is not authorised
under the Financial Services and Markets Act 2000
("FSMA”) nor by the Financial Services Authority
(the "FSA”), but we are able, in certain
circumstances, to offer a limited range of services to clients
because we are members of the Law Society. We are regulated
by the Law Society, including in relation to our carrying on any
"exempt regulated activities" under the FSMA. As
such, we are permitted to carry on a limited range of activities
relating to investments where an exemption under the FSMA applies,
including regulated activities which may reasonably be regarded as
a necessary part of our legal services. The scope of our
engagement, however, does not and will not include giving you
advice on the merits of entering into any transaction in
investments. When providing our services we will assume that
you have decided, or will decide, to negotiate and enter into any
such transaction solely on the basis of your own evaluation of the
same and any advice which you may receive from a person authorised
under the FSMA. We will not communicate, either to you or on
your behalf to any other person, any invitation or inducement to
engage in investment activity, and nothing we write or say should
be construed as any such invitation or inducement.
2.2 If you have any problem in respect of such
services, please let us know. We will try to resolve any
problem quickly and operate an internal complaints handling system
to help us to resolve any problems. If for any reason we are
unable to resolve the problem between us, you may complain to the
Solicitors Regulation Authority which is the independent regulatory
arm of the Law Society. (The Law Society is our designated
professional body for the purposes of the FSMA.) You may also
refer matters to the Legal Ombudsman who deals with complaints
against lawyers (please see below for how to contact the Legal
2.3 Although not authorised by the FSA,
we are included on the register maintained by it so that we can
carry on what is known as insurance mediation activity, which is
broadly the advising on, selling and administration of insurance
contracts. This part of our business, including arrangements
for complaints or redress if something goes wrong, is also
regulated by the Solicitors Regulation Authority. The
register can be accessed via the FSA website at www.fsa.gov.uk/register.
3. Complaints and the Legal Ombudsman
3.1 Field Fisher Waterhouse is committed
to providing high quality legal advice and client care. In the
event that you should have a problem with or query about the way in
which your matter is being handled or you feel that our services
can be improved, we would ask you to inform us at your earliest
3.2 In the unlikely event that you are
dissatisfied with any of the services that we provide to you, it is
your right to complain. This includes your right to complain about
any bill you are unhappy with. In the first instance, we would ask
you to write to the Partner with responsibility for your file with
your concerns in the hope that the matter can be resolved without
resorting to the formal complaints procedure.
3.3 In compliance with our professional
obligations, Field Fisher Waterhouse has a formal complaints
procedure, a copy of which can be found
here (and which can be provided upon request).
Please address any formal complaints that you have to our
Professional Standards Partner, Stephen Gibbs who can be contacted
direct at this office or via email: firstname.lastname@example.org.
3.4 If at the conclusion of our
complaints procedure you are still dissatisfied, you may have the
right to complain to the Legal Ombudsman. Normally, you will
have to do so within six months of our final written
decision. Contact details for the Legal Ombudsman are as
Telephone: 0300 555 0333
Address: The Legal Ombudsman
PO Box 6806
4. Consumer Protection
4.1 If we have not met you, the
Consumer Protection (Distance Selling) Regulations
2000 may apply. If they do, you will have the right
to cancel your instructions to us within seven working days of your
receiving our client engagement letter and these terms. You
can cancel your instructions to us by post or email to our
office. Once we have started work on your file, you may be
charged if you then cancel your instructions.
5. Equality and Diversity
5.1 We are committed to promoting
equality and diversity in all our dealings with clients, third
parties and employees. Please contact us if you would like a
copy of our equality and diversity policy.
5.2 Details of our Diversity Policy
together with gender and ethnicity statistics can be found on our
6. Client funds, payments on account and interest
6.1 Field Fisher Waterhouse does not
provide banking services and we will accept and hold client funds
only to the extent necessary to undertake professional services for
you or to hold money on account of anticipated costs and expenses,
including our own.
6.2 Unless we receive and agree specific
instructions to the contrary, all client monies held by us will be
deposited in our general client account or in an individual
designated client account with Lloyds TSB Bank plc in London.
All monies are held and the accounts operated in strict accordance
with the Solicitors’ Accounts Rules 2011.
6.3 Monies held by us on your behalf,
unless earmarked for other purposes, will be applied to pay our
bills and disbursements. To comply with rule 17.3 of the
Solicitors Accounts Rules 2011, such monies, unless otherwise
earmarked, will be transferred to the Field Fisher Waterhouse
office account in settlement of bills within 14 days of their
6.4 In accordance with Rule 21 of the
Solicitors' Accounts Rules 2011, we will account to your for any
interest accrued on money held by us for you in our client account.
Rule 21 states that interest should be paid to you when fair and
reasonable in all the circumstances.
6.5 In the event that it is fair and
reasonable for interest to be paid to you, it will be calculated
and paid to you at the rate set by Lloyds TSB Bank plc which is a
variable rate subject to change. The period for which
interest will be paid normally runs from the date(s) when funds are
received by us until the date(s) on the cheque(s) issued to you.
Our practices are fair and reasonable in accordance with our
6.5.1 Please note that Field Fisher
Waterhouse will not make a payment in lieu of interest were that
payment is calculated to be less than £20.
Copyright © 2012 Field Fisher Waterhouse LLP. All rights