Regulation

Osborne Clarke LLP is a limited liability partnership registered in England and Wales (registered number OC397443) whose registered office is at One London Wall, London EC2Y 5EB. It is authorised and regulated by the Solicitors Regulation Authority (SRA number 619990). A list of members of Osborne Clarke LLP and their professional qualifications is available for inspection at the registered office. The term ‘partner’ refers to a member of Osborne Clarke LLP. Any advice given by any individual member, employee, or consultant is the responsibility of Osborne Clarke LLP and not the individual. We are not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance distribution 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 regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.gov.uk/firms/financial-services-register. Where we carry out insurance distribution activity, we do so as an ancillary insurance intermediary. This means that the permitted scope of our insurance distribution activity is limited, and that we will generally carry out such activity through a broker or other insurance intermediary regulated by the Financial Conduct Authority. Osborne Clarke LLP is a member entity of Osborne Clarke Verein, a Swiss verein.  A list of the other member entities can be found at http://www.osborneclarke.com/verein/ along with our relationship with those entities.

Professional Liability Insurance

Osborne Clarke LLP maintains professional indemnity insurance in accordance with the rules of the SRA. If we are instructed to act for you, then we will notify you of the liability cap which will apply to your matter. This will at all times be at least the minimum required by the SRA. If other professional advisers are instructed on a matter, you must make sure they also have insurance to cover their responsibilities to you. Our liability is limited to our responsibilities on the matter as agreed with you.

VAT no.

Our United Kingdom VAT registration number is GB 280 973 082.

Complaints

If for any reason we are unable to resolve the complaint between us, further complaints and redress mechanisms are provided through the SRA and the Legal Ombudsman as stated below. 

The Solicitors Regulation Authority (SRA)

The Solicitors Regulation Authority can help you if you are concerned about our behaviour. You can raise your concerns with the Solicitors Regulation Authority. The professional rules are set out in the SRA Standards and Regulations.

The Legal Ombudsman

Provided you are eligible, the Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case. Details of eligibility are set out on their website. Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman: 

  • Within six months of receiving a final response to your complaint; and 
  • No later than one year from the date of the act or omission being complained about; or
  • No later than one year from when you should have realised that there was cause for complaint.

The Legal Ombudsman will have discretion to accept out-of-time complaints in circumstances where it deems it "fair and reasonable to do so".

If you would like more information about the Legal Ombudsman, including eligibility criteria, please contact them.

Contact details:

Telephone: 0300 555 0333 between 9am to 5pm. Email: enquiries@legalombudsman.org.uk. Post: Legal Ombudsman PO Box 6167, Slough, SL1 0EH. Visit: www.legalombudsman.org.uk 

Alternative Dispute Resolution (ADR)

We are obliged to inform you that Alternative Dispute Resolution (ADR) service providers exist (such as Promediate - https://www.promediate.co.uk/). This body offers a consumer complaint resolution service in the form of mediation. However, we are not obliged to and do not agree to use this or any other ADR providers.

Interest policy

The rate of interest paid to clients on money held in the general client account is in line with NatWest published rates on Client Deposit Manager Accounts. Interest is paid by NatWest to Osborne Clarke on the aggregate of all client money held in the general client account and, subject to any interest paid to clients, is for the benefit of Osborne Clarke.

Interest on general client money is normally calculated and applied on a quarterly basis or where client requirements demand (e.g. closure of the matter) and will not be applied to specific matters if less than £25 in any quarter.

Designated deposit facilities are maintained with a number of banks and may vary from time to time, Those banks currently used are NatWest, Barclays, HSBC and Santander. The rates of interest on designated deposit accounts will be a rate negotiated by Osborne Clarke with that particular bank. All interest on designated deposit accounts is for the benefit of the client and can be paid either monthly or quarterly or on closure.

All client money, whether general client funds or designated deposited funds, will be held on instant access terms unless otherwise instructed.

Privacy

The scope of our obligations to our clients in relation to confidentiality and disclosure, including how we share information with other Osborne Clarke Verein Members, is set out in our Privacy and Confidentiality Policy on our website at www.osborneclarke.com/privacy

Communication

If we are instructed by you then we normally communicate by a combination of email, telephone, post and fax. Unless you tell us otherwise, we will assume that you are happy with these means of communication, even though we cannot guarantee that they are secure or capable of maintaining confidentiality.

Banks and other financial institutions

Osborne Clarke LLP will ensure that funds are placed with a clearing bank which is authorised by the FCA and PRA to accept deposits, and are held at a branch or head office in England and Wales unless instructed to hold the money elsewhere. In accordance with Law Society guidance, if the bank in which Osborne Clarke LLP holds funds should fail we reserve the right to disclose to the Financial Services Compensation Scheme the names and other details of clients whose money is held there in order for those clients to claim compensation up to the applicable limit. We will not be liable to you or any third party for any loss or damage suffered as a result of any act, omission, fraud, delay, negligence, insolvency or default of any bank, financial institution, clearing or payments system nor that of the directors, officers, employees, agents or representatives of any of the foregoing.

Documents

We will normally keep our file of your papers for up to 6 years after the matter has finished, except those papers that you ask to be returned to you, after which time we will normally destroy them.  We may retain files for longer periods or, in some cases, indefinitely depending on the nature of the work: should you wish to see a copy of our File Retention & Destruction Policy please let us know.  We will not destroy documents you ask us to place in safe custody.  You understand that you should safeguard any documents which you retain which are likely to be required for disclosure.

Consumer Cancellation Rights

If you are acting for purposes outside your trade, business, craft or profession, and your instructions have not been given to us at a face to face meeting at one of our offices, you have the right to cancel your instructions within 14 days from the day you enter into a contract with us to provide services based on those instructions. You will lose this right to cancel if you've expressly requested we provide services during the cancellation period and they have been fully performed before you then want to cancel. If you wish to cancel your instructions you may use the form on our website or contact the person who is detailed in your Engagement Letter as being responsible for the overall supervision of the work.

Diversity

We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees subject to compliance with the laws of England and Wales. Please contact us if you would like a copy of our Equality and Diversity Policy.