Terms and Conditions
Your access to this website is subject to these terms and conditions. By using this website, you agree to be bound by these terms. We may change these terms and conditions at any time, and by continuing to use the website, you agree to these changes.
The material contained in this site is provided for general information only and does not constitute legal or other professional advice.
Peach Law Limited is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Peach Law Limited makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Peach Law Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither Peach Law Limited nor any of its employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site and we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
We also expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user of our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including (without limitation):
• loss of income or revenue;
• loss of business;
• loss of profits;
• loss or corruption of data; and
• loss of goodwill
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Peach Law Limited from liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Although we use anti-virus software to protect the website content, we cannot guarantee that any downloads from it are free from viruses and advise you to take your own virus precautions.
You agree not to post or transfer to our website, any material which is obscene, misleading, inaccurate, defamatory or in breach of any copyright or intellectual property rights or that will cause any damage to data, software or the performance of any computer system.
Although we have given you links to other websites, we are not responsible for any information they contain. Peach Law Limited makes no representations as to the security, quality or property of any website which may be accessed through this website.
The content of these web pages is © Peach Law Limited 2015 except where otherwise stated. Unless we agree otherwise you may only print or copy items for your personal, non-business use.
Use of this website is subject to English and Welsh law.
The data protection laws provide protection for individuals in relation to the processing of their data. Peach Law Limited (“We”) are committed to protecting and respecting the privacy of all personal data that we process in compliance with these obligations whether we process the data as Data Controller or Data Processor.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, or that we collect about you will be processed by us. This is where we act as Data Controller. In some cases, we process data on behalf of someone else. In these cases we are their Data Processor and they will confirm to you the basis on which we use that information. Where we are a Data Processor we have agreements in place to ensure that the Data Controller complies with their legal obligations.
The data controller of the information we collect and process is Peach Law Limited of Landmark House, Cheadle Hulme, Stockport SK8 7BS.
Information we may collect about you
We may collect and process the following data about you:
• Information you give us. You may give us information about you by filling in forms on our site www.peachlaw.co.uk (“our site”) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you instruct us to act for you, instruct us to act for your business, enter a competition, promotion or survey and when you report a problem with our site/services. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph. It may also include sensitive information which we process on the basis it is required for litigation. Where we have a contract with you we will process this information for the purposes of the contract. We may also process the information because we have a legitimate interest in doing so; this will arise where you are acting for your business or where we market some services you have previously received. We may use your information for general marketing purposes where you have consented to this.
• Information we collect about you. We may collect information about you for the purposes of litigation we are involved in or from your employer because we require it for the services we are providing. We process this information because it is in our clients legitimate interests. This may include sensitive information which we process for the purposes of litigation.
• Information we receive from other sources. We may receive information about you from third parties if this is necessary for litigation or legal advice we are providing. We process this information because it is in our clients legitimate interests. This may include sensitive information which we process for the purposes of litigation.
Uses made of the information
We use information held about you in the following ways:
• To provide our services to you, your business or to our clients.
• To market our services to you. Where we market services to you we will provide you with the opportunity to opt out of marketing.
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
• Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
• Analytics and search engine providers that assist us in the improvement and optimisation of our site.
• Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
We may disclose your personal information to third parties:
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of Peach Law Limited, our customers/clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have a number of rights in relation to your personal information. These are –
• The right to confirm if we are using data about you and to access details about what we are using and how;
• The right to lodge a complaint with the Information Commissioners Office;
• The right to request we rectify any inaccurate data corrected or to have data which is incomplete for the purpose we hold it completed;
• The right to be forgotten. Which is the right to ask us to delete information about you and if it is appropriate to do so we will do so;
• The right to restrict what we do with data in specific circumstances, including where the accuracy of the data is contested, processing is unlawful but you do not want us to erase the data or if we only need the data to meet legal requirements;
• The right to receive the data we hold about you in a format you can use to transfer the data electronically elsewhere.
You are also able to withdraw any consent you have provided for use to use your data at any time.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Terms and Conditions of Business (Individuals)
Your attention in particular is drawn to clause 6 of these terms and conditions
1 Peach Law Limited
1.1 Your contract is with Peach Law Limited (“the Company, we or us”), a limited liability company incorporated in England and Wales under number 09251243 and not with any officer, employee, consultant or any person connected with the Company, who delivers the services on behalf of the Company.
1.2 We are regulated by the Claims Management Regulator in respect of regulated claims management activities, Any solicitors employed are non – practising solicitors.
2 Client Relationship Manager
2.1 You will be appointed a Relationship Manager who will be responsible for ensuring that the service to you is of the highest possible quality.
2.2 Your matter shall be assigned to the most suitable person within the Company, having regard to the type of matter and its value.
2.3 In certain circumstances, all or part of the work on your matter may be passed on to or reassigned to another person, in this situation we advise of this as soon as is reasonably practicable.
3 Communications and Instructions
3.1 We will keep you regularly informed about the progress of the work. We will communicate with you by e-mail, letter, fax and phone unless you inform us otherwise.
3.2 You agree that we can serve legal documents on you at the address in the UK that you last gave us.
3.3 We cannot guarantee when sending e-mails, that they will arrive on time or be secure or free from viruses, computer errors or other programming corruption. Unless you tell us otherwise, you confirm that you accept these risks and authorise us to send e-mails. You agree that you are responsible for any emails you send. Neither you nor we will have any legal responsibility to each other on any basis for damage or loss arising from viruses, computer error or other programming corruption with any e-mails.
3.4 Emails may be read by someone who is not the intended reader, even if addressed correctly by the sender and unless you have told us not to use email, we take no responsibility for an e-mail sent by us being seen by someone other than the person to whom it is addressed.
3.5 We may rely on your statements and instructions. If you want us to communicate with particular people, you must write to us with their names.
3.6 You are required to retain all relevant documentation in relation to your matter as this may be needed in order to pursue a claim.
3.7 You will be responsible for ensuring that any answers or statements given to us are true to the best of your knowledge or belief.
3.8 Our normal hours of business are Monday to Friday 9-5.30
4 Our advice and reports
4.1 We own the copyright and every other type of intellectual property right in any documents or anything else we prepare for you under the contract.
4.2 You are not entitled to publish or copy reports, opinions and other advice we give you (spoken or written) to anyone else without obtaining our permission first.
4. We are not obliged to update any report, opinion or advice we have provided after the work has been finished.
5 The appointment contract
5.1 These are our general terms of business. You will also receive a separate letter (“the Engagement Letter”) setting out the terms that apply to the particular work we will do for you. The two documents together contain all the terms and conditions of the contract between you and us. If there is any conflict between these terms and those in the Engagement Letter, the terms in the Engagement Letter will take precedence over these terms of business.
6 Limitation of Liability
(Your attention in particular is drawn to this clause)
6.1 Our advice is to you alone (or, in the case of joint clients, to each joint client) and solely in respect of the matter under which the relevant advice is given. Third parties may not rely on our advice unless we specifically agree in writing that they may do so, and you may not rely on advice given in previous matters as being applicable to other or later matters.
6.2 Nothing in these Terms shall prevent, exclude or restrict any action in respect of any liability as a result of (i) fraud, (ii) dishonesty, (iii) other liabilities which cannot lawfully be limited or excluded or (iv) death or personal injury caused by negligence.
6.3 We will not be liable for any loss of profit, or any indirect loss or damage suffered (including for the avoidance of doubt any loss of opportunity, income, accruals or production) in relation to the provision of any services or advice by us.
6.4 Subject to clauses 6.2 and 6.3, with regard to any liability which we would otherwise have to you, or any third party, in respect of all loss or damage claimed, or any costs incurred, on whatever basis claimed (whether in contract, tort in England and Wales, breach of statutory duty or otherwise) on the part of the Company, its officers, employees or consultants we:
(a) exclude liability of whatever nature arising as a direct or indirect result of our, our officers’ or our employees’ compliance with any statutory or regulatory obligation in good faith; and
(b) we limit our liability arising out of all matters or transactions on which we advise or act for you pursuant to any agreement we have with you to the lower of the following sums (inclusive of interest, expenses and costs):
(i) £150,000 in any year; and
(ii) any limit for the time being of any applicable insurance policy of the Company.
6.5 Only you may make a claim against us about our services under the contract. If you could also make a claim against someone else for the same loss, we will only pay you our fair share of the loss. This will apply whether or not the other person you could claim against has limited their liability to you. This will not increase our liability beyond the limit shown above.
6.6 Any exclusion of, or limitation of, liability under these Terms shall apply to work done under these Terms and any future work unless we agree different terms with you.
6.7 Any advice given to you (or other work undertaken for you) by any officer or employee of the Company is given (or undertaken) by that person on behalf of the Company and not in his or her individual capacity and no such person assumes any personal responsibility to you for the advice or other work.
6.8 You agree that you will not bring any claim in connection with advice or services provided to you whether, whether on the basis of contract, in tort (in England and Wales) (including, without limitation, negligence), breach of statutory duty or otherwise against any officer or employee of the Company.
6.9 The officers and employees of the Company may enforce clause 6.8, including in England and Wales, pursuant to the Contracts (Rights of Third Parties) Act 1999.
6.10 We accept no liability for any failure to provide services or advice in relation to any issue which falls outside the scope of our work agreed with you. We accept no responsibility to notify you of, or of the consequence of, any change in the law (or in its interpretation), or of any other event which occurs outside the scope of our work, or after the date upon which the relevant service or advice is provided.
6.11You acknowledge and agree that where we confirm to you that services will be provided by a third party to provide additional services we do not normally deliver for your benefit that we engage these specifically for you. Whilst the services are provided by us under the contract our liability for them is limited to any recovery we may make from the provider of the services. For the avoidance of doubt: (i) you shall benefit from the provision of the services provided by the third party and all rights, privileges, options and protections of ours, to the extent that we benefit; and (ii) we shall be bound to you in respect of the services of the third party as the third party shall be bound to us and our liability shall be limited as the liability of the third party shall be limited.
7 Client Account
7.1 We cannot accept cash amounts of more than £250 in payment for any invoice, or any sum, due from you to us, or payable in relation to any matter.
7.2 We cannot allow our client account facilities to be used other than for handling payments in relation to a matter which we are dealing with on your behalf.
8 Our charges
8.1 You will be responsible for our charges and for expenses we pay on your behalf whether or not the work has been completed. You are legally responsible for our charges and expenses, whether or not someone else has agreed to pay them or is legally responsible for paying them.
8.2 Whilst we are flexible and will consider other methods of charging such as fixed fees, unless you and we agree otherwise at the time you instruct us, we will charge fees primarily by reference to the time we spend working with you. This will include but is not limited to time spent travelling, unless agreed with you, and time spent on routine correspondence as well as making and receiving telephone calls.
8.3 We record all work in six minute units (subject to the terms of fixed fees set out in the engagement letter with you).
8.4 In addition to our charges we may incur expenses on your behalf from time to time including (amongst other things) Counsel’s fees, expert fees, courier charges, enquiry agents’ fees, company search fees, Court fees and travel expenses. When we incur such expenses (called disbursements), we will incorporate these in our next bill to you or send a separate disbursement only invoice to you.
8.5 Normally, we only make such a payment after receiving the necessary funds from you but in every case you are liable to reimburse us on demand. We are not obliged to instruct third parties until a payment on account of the estimated costs is received by ourselves.
8.6 We may also recover miscellaneous charges not incorporated in hourly rates such as (but not limited to) photocopying, car travel at our current rate per mile, other travel costs (for example rail and air tickets) in the amounts invoiced to or incurred by us.
8.7 We review and may increase our annual rates annually. We will inform you if our rates increase.
8.8 Unless the Engagement Letter shows a fixed fee, it will usually contain an estimate of the fees and expenses.
8.9 Any quotes given are given on the presumption that the matter is not complicated, time consuming or unusually urgent.
8.10 We add value added tax to our charges and to expenses (if it applies) at the current rate. You must pay the VAT even if you have arranged for someone else to pay our bill.
8.11 In circumstances where we cease to act on your behalf for whatever reason and in accordance with clause 10 , you shall be liable for all charges and disbursements incurred up to the point that we cease acting for you, even in circumstances where we may not have completed the work that we were instructed to do. You will also be liable for such further charges or disbursements which we may be unavoidably be required to incur. We may also charge you at our standard rate for the cost of removing data or files and delivering these to you.
9.1 We will send you our invoices at intervals determined by ourselves but normally on a monthly basis unless agreed otherwise in writing. All such invoices will be deemed to be final invoices for work carried out within the period referenced within the invoices, unless an alternative period is specified.
9.2 Invoices whether interim or final should be settled upon receipt. We may charge interest on overdue invoices at the rate applicable under the Late Payment of Commercial Debts (Interest) Act 1998 (together with compensation under section 5A of that Act).
9.3 We may refuse to carry out any work, or cease carrying out any work for you, if you or any person connected with you (within the meaning of section 1122 of the Corporation Tax Act 2010) have not fully discharged any of our invoices when due.
9.4 It maybe necessary for you to make payments on account of future predicted disbursements and charges in some circumstances.
9.5 Specifically, we have the right to request payment for work before it is commenced and to suspend or terminate all or any part of your instructions to us and any work done for you, without further obligation to you, in circumstances where an on account payment has been requested but not paid or any invoice remains unpaid. We can exercise this right in respect of a matter where an invoice remains due, or in any other matters whether sums remain due on those matters or not.
9.6 We may use any monies held on your behalf on any matter in or towards payment requested or due from you as regards any other matter whether on account or in respect of a disbursement only, an interim, , or final invoice or interest or any combination of the same.
9.7 In addition to any legal right we have, we are also permitted to keep your property, papers, files or sums held by us on your behalf until all monies due from, or payable by you to us (whether invoiced or uninvoiced) have been paid (known as a lien).
10 Costs Payable by and to the Other Parties
10.1 Costs in Employment Tribunal claims are generally not recoverable, however, if costs are successfully pursued and awarded against your opponent by the Employment Tribunal, we confirm that as all of the solicitors we employ are non practicing solicitors, costs can only be claimed under the definition of a ‘lay representative’ as defined under section 74 of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the Rules”). Under section 79(2) of the same rules, the hourly rate which maybe claimed is £33, which increases on 6 April of each year by £1.
11.1 If we hold money on your behalf, we will confirm any interest that is earned on it in accordance with the law to you. In certain circumstances we may be entitled to offset any such interest against monies due to us in respect of any amount held in our client account in or towards payment of any sum requested or due from you as regards of an interim, disbursement only, or final bill or interest, or combination of these.
12 Non Solicitation
12.1 You undertake that during the time period that we provide advice to you or act on your behalf in relation to any matter, and for a period of 6 months after the conclusion of the last matter which you have instructed us on, you will not:
(a) entice away (or assist anyone else in doing so) or solicit any member of our professional staff (which will include consultants) with whom you have had dealings in connection with any matter during the last 12 months immediately prior to your approach; or
(b) employ any such person or engage them to provide services to you whether independently or as a partner, employee, consultant, officer or advisor of any other company or firm.
13.1 You are entitled at any stage to seek further and/or alternative advice.
13.2 Subject to 13.7, you may end our contract at any time by giving us reasonable notice
13.3 We may suspend our services or end the contract and refuse to act further if you do not make payments you owe or if other circumstances give us reasonable reason to do so.
13.4 We may refuse to carry out any work for you, or cease carrying out any work for you if:
(a) you persistently fail to pay invoices when due; or
(b) you persistently fail to provide us with instructions or information which we require to carry out our services; or
(c) any instructions you give to us require us to act in a manner that is unlawful and/or may contravene applicable legislative or regulatory requirements and/or may otherwise give rise to unacceptable risk to us; or
(d) the relationship between the Company and you has irretrievably broken down; or
(e) at any other time we believe it is appropriate for us to do so; or
(f) you fail to supply appropriate proof of identity which we need to establish.
13.5 We may be required to report known or suspicious circumstances, or the existence of the proceeds of crime in a matter, to the appropriate authorities. We may be required to do so without telling you. The appropriate authorities may require that we do not continue to act on the relevant matter for you. The appropriate authority can pass the information reported to them to any relevant body who may investigate the matter.
13.6 If the contract is ended or suspended by either party, you are still responsible for:
(a) our charges and expenses up to the date the contract ends or we suspend our services;
(b) our charges and expenses for work we reasonably do because you or we have ended the contract or we have suspended our services; and
(c) liabilities or commitments we give on your behalf.
13.7 If we have not met you or our retainer is concluded away from our premises the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may apply to our retainer. If so, you can cancel your instructions to us within 14 days of receiving this letter without giving any reason. To exercise your right to cancel, you must inform us of your decision either by using the attached cancellation form or by letter sent by post, fax or email. Once we have started work you may be charged if you then cancel your instructions.
14 Retention of Files
14.1 All files will be retained by us for a minimum of 6 years and thereafter, at our discretion, they may be destroyed.
14.2 We reserve the right to charge for taking documents out of storage.
14.3 We will keep copies of your papers, even if we hand over the originals to another company or firm. This is so we can manage any risk to our business.
15.1 If you have a complaint, please direct it to the person with day to day conduct of your matter or the Relationship Manager. If the matter is not resolved satisfactorily, please revert to the Managing Director.
15.2 If the problem cannot be resolved informally then the matter will be dealt with under our Complaints Procedure. For full details on how to pursue any complaint you have, please refer to our Complaints Procedure which can be found on our website.
15.3 A copy of our complaints procedure is available on request or on our website (www.peachlaw.co.uk). If when we tell you that we have finished investigating your complaint you are unhappy with our conclusion you may write to the Legal Ombudsman at PO Box 6806, Wolverhampton, WV1 9WJ. E-mail: email@example.com. Telephone: 0300 555 0333. You should do that within six months of your last contact with us or within six years of the act or omission about which you are complaining occurring (or if outside of this period, within three years of when you should reasonably have been aware of it).
16 Data protection
16.1 The following terms shall apply for the purposes of this clause. “Data Protection Legislation” shall mean the laws and regulations which apply on the processing of Personal Data including without limitation) the Data Protection Act 1998 and any replacement legislation coming into effect from time to time (including but not limited to the GDPR); “GDPR” shall mean the General Data Protection Regulation (EU) 2016/679; “Data Controller” and “Personal Data” shall all have the meaning from the Data Protection Legislation.
16.2 We shall comply with the Data Protection Legislation at all times. We will act as a Data Controller for processing Personal Data.
17.1 If any term of our agreement with you is found by any court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable:
(a) that will not affect any other term of that agreement; and
(b) we may substitute effective provisions in a form as similar to the ineffective provisions as is possible without thereby rendering them illegal, invalid or unenforceable.
18.1 Save as set out in clause 6.9, a person who is not a party to the terms of our engagement shall have no right to enforce or rely on any of its terms, including under the Contracts (Rights of Third Parties) Act 1999 in England and Wales. Notwithstanding any benefits or rights conferred by these terms on any third party, you and we may agree to vary or rescind our agreement without any third party’s consent.
18.2 You agree not to make our work, or any advice given to you, available to third parties without our written permission and we accept no responsibility to third parties for any aspect of our services or work that is made available to them. If you make our work or advice available to any third party then that is without prejudice to clause 6.1.
18.3 We may assign the benefit or delegate the burden (in whole or in part) of our agreement with you to any other person. You may not assign the benefit or delegate the burden in whole or in part of our agreement with you.
18.4 Matters upon which we advise, may give rise to tax and/or accountancy implications. We do not provide, tax or accountancy advice nor undertake to advise you on any such matters.
18.5 Advice that we provide to you shall be given on the basis of documentation, instructions and information that you have given to us We confirm that we are not responsible for any consequences which may arise as a result of your failure to provide instructions, information or documentation that we require.
18.6 Except where the context otherwise requires, each of these terms shall be regarded as independent of every other term so that if any such term or the application of any such term to any person or to any circumstance is found to be invalid or unenforceable, this will not affect any other term or the application of such term to any other person or circumstance.
18.7 These terms of business shall be governed by and in accordance with the laws of England and Wales and any claim arising out of any matter we deal with for you shall be subject to the exclusive jurisdiction of the English Courts (save in relation to the enforcement of any Judgement obtained by us against you).
©Peach Law Limited. All rights reserved. Peach Law Limited is registered in England and Wales with registered number 09251243. The content of this document does not constitute legal advice.