Legal and regulatory notice

1. Regulatory Notice and Provision of Services Regulations 2009

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 Ombudsman).

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 convenience.

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: stephen.gibbs@ffw.com.

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 follows:

Telephone: 0300 555 0333
E-mail: enquiries@legalombudsman.org.uk
Address: The Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ

Website: http://www.legalombudsman.org.uk/

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 Diversity Page.

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 despatch.

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 regulatory obligations.

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 reserved.