Terms and Conditions

Terms and Conditions – FAMILY LAW DECISIONS LIMITED

The terms and conditions under which Family Law Decisions Limited, registered at Krystal Clear Accounting, Ground Floor, Westgate House, 44 Hale Road, Hale, Altrincham, Cheshire WA14 2EX (email: [email protected]) provide services as Paralegals and McKenzie Friends or Litigation Friends are as follows:

I – Roles and Responsibilities

1 We may have court experience, academic qualifications & training as qualified lawyers, McKenzie Friends and paralegals:
https://www.familylawdecisions.co.uk/mckenzie-friend/
Family Law Decisions Limited assists at court and with documents in the role of paralegals and McKenzie Friends. We do not represent you as solicitors or barristers.

2 We will consider the papers supplied to us before any hearing, make suggestions, and provide possible options as we see fit.

3 We make no warranties or representations concerning our advice and suggestions. We are not personally responsible or liable for decisions made by the client, the court, or other parties.

4 Our attendance at court implies that we will liaise and/or negotiate with other parties and/or their representatives or other professionals as appropriate. If so, allowed by the court, we will make notes and suggest suggestions to the client or the court as appropriate.

5 We will maintain client confidentiality at all times, with the exceptions below:
a) We may discuss relevant anonymous details of cases with our advisors (professionals or laypersons) to assist the client’s case.
b) We may discuss details of cases with the appropriate authorities if we consider a child at serious risk of harm.

6 We will use our best endeavours to attend hearings that we have undertaken to attend.
a) In the unlikely event unforeseen circumstances prevent our attendance, we will aim to recommend or suggest someone else who may attend in our place.
b) Any advance payments received for attendance at Court will be returned within five business days should unforeseen circumstances prevent our attendance.

II – Costs – Fixed Fees – Non-Refundable – Hearing Vacated or Adjourned at Short Notice

7 Our charges will be £95.00 + VAT per hour for work undertaken with the case. Generally, a Fixed Fee secures our services, and the hourly rate may not be relevant.
a) Travel (fuel mileage/tickets are included in the Fixed Fee rate) to and from Court or meetings.
b) Agreed disbursements, including but not limited to assistance with statements/telephone calls/emails, will be charged at the rate in s.6 or included in the Fixed Fee price.
c) Our attendance at Court is dealt with within a Fixed Fee price provided in advance.
d) Attendance at Court payments are required in advance of a hearing before our attendance at Court is confirmed.
e) Our Fixed Fee quote will cover accommodation and travel costs unless you are notified separately.
f) Fixed Fees, when agreed, are payable before a hearing before confirmation of our attendance and provision of services is confirmed.

8 Any fees paid to Family Law Decisions will be fixed and a non-refundable fee and will apply specifically to the scope of work detailed in your invoice and by email.                         
a) If court hearings on a specified day take longer than expected, we will not charge an extra fee.                                                                                                                                                     b) If a court hearing takes less time than scheduled, no refund will be due or offered due to our committed preparation time and hearing commitment.                                                c) If the court adjourns or vacates a listed court hearing before the day of this hearing, we will cover the same newly listed court hearing at no extra fee except for any additional costs, such as travel and accommodation already spent.                                         
d) If your court hearing extends further days than is specified in your contract and you require our attendance for additional days, a further fee will become payable.                                                                                

9 Should your hearing be vacated or adjourned at short notice by the court for any reason, you may be able to make a complaint to HMCTS and seek compensation for wasted costs. The HMCTS complaints procedure can be found if you search for gov.uk HMCTS complaints procedure.

10 If you are awarded costs, you cannot recover our fees from the other side; costs are relatively rarely awarded in children cases.

11 If our costs accrued are not settled within 30 days of the presentation of our invoice, we reserve the right to add interest at the rate of 2% to be added monthly (24% p.a.) to the outstanding balance.

12 Payment methods include PayPal, credit/debit cards, bank transfer, and Buy Now Pay Later. Account details for payments are included in our Formal Invoices.

III – Termination – Right to Cancel – Waiver of Right to Cancel

13 You have the right to cancel your contract with us within 14 days of payment without giving any reason, provided work has not commenced or if your court hearing is within these 14 days by the time you notify us in writing of your intention to cancel.                           
a) To exercise the right to cancel, you must inform us of your decision to cancel the contract in a clear statement by email.                                                                                             b) The cancellation deadline can be met if you communicate about exercising the right to cancel before the cancellation period has expired.                     
c) The cancellation clause only applies if you are a consumer as per the Consumer Rights Act 2015 definition.                               

14 The effects of your cancel notification made within 14 days of payment to us, the fee will be reimbursed less a cancellation fee of £180 plus vat in addition to outstanding obligations under II – Costs.                                                                                                                  a) To avoid doubt, reviewing any documents provided concerning the matter and/or contacting you to discuss the case constitutes undertaking work.

15 Due to the nature of the work required, you are being asked by this agreement to waive the right to cancel this agreement within 14 days. This is because we will be carrying out the work before the expiry of the 14 days or because we have booked your case in our diary, making the allocated staff member unavailable for other work.

16 If the court adjourns/relists a listed court hearing before the day of this hearing, we will cover the same newly listed court hearing at no extra fee except for any additional costs such as travel and accommodation already paid for.

17 We reserve the right to terminate or suspend the contract and thereby discontinue acting as Paralegal, McKenzie Friend or Litigation Friend at any time and for any reason without being obliged to explain.
a) Any advance payments received for attendance at Court will be returned within ten business days should we terminate or suspend the contract except for outstanding obligations under II – Costs.

IV – Additional Information

18 We may be members and/or part/full-time employees of charities and other organisations which have no responsibility whatsoever for our activities as a Paralegal/McKenzie Friend/Litigation Friend and are themselves not responsible for any guidance or suggestions we might offer. They do not pay us for anything we do as a Paralegal, McKenzie Friend or Litigation Friend.

19 Family Law Decisions Limited has established professional indemnity insurance for our staff working for Family Law Decisions Limited primary clients, and the company has liability insurance. The cover is renewed each year, and the applicable insurer may change from year to year.

20 Documents and Confidentiality.                                                                                                    a) You agree that we are entitled to keep copies of any documentation you provide us for our professional records.                                                                                                                       b) The information you provide will be received in professional confidence. This means we must maintain the confidentiality of any information you have shared with us and can only tell others about it if you consent to us. The exceptions to this are statutory and other legal requirements, which may mean that we must disclose your information to governmental and other regulatory authorities whose rules we must meet without your consent and without telling you that we have made the disclosure. Statutory and legal requirements are rules or regulations we must follow by law.

21 Family Law Decisions Limited are Information Commissioner’s Office (ICO) Certified.                                     

22 Family Law Decisions Limited are General Data Protection Regulation (GDPR) compliant.

V – Feedback / Complaints

23 If you have any feedback or complaints, please see details on this link:
https://www.familylawdecisions.co.uk/faqs/feedback-complaints/

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