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Hackett & Dabbs LLP

OUR STANDARD TERMS AND CONDITIONS

 

1   Interpretation

  • These are the Terms and Conditions which apply to legal professional services supplied by Hackett & Dabbs LLP of 7 Stratfield Park, Elettra Avenue, Waterlooville PO7 7XN.
  • They will apply in all cases for professional work done unless any additional or other terms are agreed with you in writing.
  • These terms of service apply in addition to the provisions of the Legal Services Act 2007 [“the 2007 Act”] and regulations made by the Bar Standards Board (“BSB”) under that Act from time to time.

“Escrow Service” refers to a third-party stakeholder account service by which the service provider (which is entitled to charge a % fee for providing the service) opens an account in the joint names of our firm and our Client; from which no money can be drawn in favour of one accountholder without the written consent of the other. By this means our firm is insulated from holding client money but can offer our clients a similar level of convenience in the payment of fees and disbursements in advance, and in the lawful and timely processing of fund transfers from or for the benefit of the client

  1. Estimates of Fees

2.1     The BSB requires us to give the best information possible regarding the likely overall cost of a matter at the outset and at other appropriate times. A list of our relevant staff and their current hourly charge rates (excluding VAT) is included in the Client Care Notice.

2.2     Where the work is likely to involve court proceedings or negotiations to settle a dispute we will tell you the hourly charge rate(s) used to calculate the final bill and provide an estimate of the range of likely overall cost. You may ask us to limit the number of hours spent unless and until we obtain your authority to exceed that limitation.

2.3     If the work done for you does not consist of work in court or in negotiations to settle a dispute, an estimate of the likely level of fees will be given at the outset. This will either be a global sum or based on an hourly charge rate or as a percentage of a value or a combination of any of these methods.

2.4     In appropriate cases, account will also be taken of special considerations specified by the BSB in regulations or guidelines issued to the barristers’ profession from time to time, to justify our charging any premium over the above-mentioned hourly charge rates.

2.5     Whenever there is likely to be any variation over the original estimate we will tell you, except where to do so would cause a delay which might prejudice you.

2.6     We reserve the right to increase the hourly charge rate applicable periodically and at least annually and shall notify you in advance of any such increase.

2.7     All estimates are given excluding Value Added Tax and office disbursements such as copying. Value Added Tax will be charged at the rate at the time of the invoice. We will, if required, apportion the Value Added Tax if there has been a change during the time the work was carried out. We reserve the right to charge as a separate item in our bills any office disbursements to the extent that due account has not been taken of them in our charge rate.

2.8     There may be certain other expenses – such as search fees, court fees, personal service, couriers, expert fees or medical reports and external Barrister’s fees – which you will have to pay in the course of our retainer to act on your behalf. VAT is payable on certain of these expenses.

2.9     We will inform you if any unforeseen additional work becomes necessary (eg. due to unexpected difficulties or if your requirements or the circumstances significantly change during the matter for which you have engaged us to act). We will also inform you of the estimated cost in writing before any extra charges and expenses are incurred.

2.10   In some cases it is impossible to predict at the outset the total costs which will be incurred. In those cases we will tell you and you may authorise us to carry out work to a pre-set limit and then to seek your instructions to extend it if necessary.

2.11   In all cases estimates are subject to review if the work done exceeds the initial brief.

2.12   In cases where we have agreed a fixed fee in advance, your right to have the costs assessed by the Court is limited.

2.13   If, for any reason, a matter does not proceed to completion, we will charge you for work done and expenses incurred.

2.14   In certain categories of case, we may at our discretion, be prepared to act on your behalf under a “Conditional Fee” or “Damages Based” Agreement. In these circumstances, full details of the Agreement will be provided to you.

  1. Interim Billing

3.1     We have a policy of requiring prompt payment of fees for work actually carried out, and disbursements actually incurred, on your behalf. In certain circumstances in respect of court issue fees and attendances at headings we shall require payment in advance to be made in respect of disbursements (meaning, expenses required by your case and on which we make no profit), our fees and/or the fees of any external counsel. We do not hold your money in a client account; and therefore it may be necessary from time to time for you to place funds intended to meet future disbursements with an Escrow Service [and see clause 4, below]. We shall provide details of an available Escrow Service when such circumstances arise.

3.2     We have a policy of rendering regular interim invoices for fees for work done which also helps you to judge the level of expenditure being incurred. Those interim invoices will never exceed the actual value of fees earned for work actually done by the date shown on the invoice: we will never hold a credit in your favour, as both the Solicitors Act 1974 and regulations made under the 2007 Act forbid barristers from holding Client Money.

3.3     The conditions for payment of invoices for disbursements and interim invoices are the same as for payment of the final invoice.

  1. Payments on Account

4.1     In respect of our preparation for and attendance at a hearing in court, you may be asked to make a payment on account in advance. This may be in addition to or in substitution for an interim invoice.

4.2     Any such sums are to be paid by you into the nominated third-party account held and run by an Escrow Service and will be treated as payment in full or in part-payment for any invoice under which payment is or becomes due from you to us.

4.3     In the event of non-payment after 7 days of a request for a payment on account, we reserve the right to cease work for you (including, refusing to attend the court hearing for which payment in advance was required); and to render an invoice for any uninvoiced work done to that time.

  1. Cheque Clearance
    When we request monies on account from you in respect of disbursements and you intend to pay into an Escrow Service account by cheque, please ensure that the said Escrow Service receives your cheque in good time so that cleared funds are available at the time the disbursements are required. Your bank or building society can advise you if you are uncertain of the time it will take your cheque to clear.
  1. Monies On Account
    Where monies are held to your benefit in an Escrow Service account, and if any interest becomes payable on those monies, this will be added to those funds by the Escrow Service on a gross basis. It will be your responsibility to declare these monies to the HMRC for any tax assessment purposes. Please refer to the specific terms of the specific Escrow Service account.
  1. Settlement Terms

7.1     Invoices (whether interim or final) are due for payment within 14 days of the date of our invoice.

7.2     If all or part of the bill is not paid within this time, we reserve the right to charge interest daily thereafter at the equivalent rate of 8% per annum. If we are forced to sue for payment of our fees, we shall seek interest and charges in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 as amended. If you have any query about the bill you should contact us immediately.

7.3     If a third party has agreed to pay our fees incurred on your instructions then if the third party fails to pay us you will still be liable to pay our fees. We will be under no obligation to sue that third party for recovery of our fees, and if you are registered for VAT then we will invoice you (not the third party) for the VAT on the fees and disbursements.

7.4     Where the work done for you involves court proceedings and the court orders your opponent to pay your legal costs we will account to you for that amount when received by the relevant Escrow Service. However, by entering into a retainer with us you acknowledge that the amount ordered by the court may be less than the amount which you have agreed to pay us for the work done; and we will not be bound to accept the amount ordered by the court and/or paid by and/or recovered from your opponent in settlement of our fees.

7.5     Our fees are payable by you even if, when the court has awarded you costs, your opponent cannot or does not pay.

7.6     We reserve the right to ask your consent to take our fees and disbursements by deduction from any balance of your monies held by the relevant Escrow Service from time to time and whether these balances represent payments on account made by you, transaction monies or any other sum which is held to our joint order. This right will only arise after we have delivered to you the relevant invoice and will not prejudice your rights under condition 15 below.

7.7     A final bill will cover our costs for work done during the period covered, however it may not include all our expense and disbursements for that period since third parties may not have sent their invoices or charges to us in time to be included in the bill. In that event, the relevant expenses and disbursements will be invoiced after we have received the third-party invoice demand.

  1. Investment Business
    Please note that this firm is not authorised by the Financial Conduct Authority. If, during this matter, you need advice on investments or the placing of Insurance, we shall have to refer you to someone who is authorised by the Financial Conduct Authority.
  2. Tax Advice
    We do not generally provide advice on the tax implications of a transaction that you instruct us to carry out or the likelihood of them arising. You should therefore seek the advice of your Accountant. If you do not have an Accountant, we can help you find one. If we find that we are able to provide tax advice on particular matters, we will confirm this in writing to you. If you have any concerns, please raise them with us immediately.
  1. Securities, storage of paper and documentation

10.1   You may terminate your instructions to us at any time, but we will be entitled to keep all your papers and documents while there is money owed to us for our fees, disbursements, including interest and court costs where applicable and other charges. The law entitles us to retain any papers or other property belonging to you which properly comes into our possession pending payment of our costs, whether or not the property is acquired in connection with the matter for which the costs were incurred. This is known as a “general lien”. We are not entitled to sell property held under a lien, but we are entitled to hold property, other than money, even if the value of it greatly exceeds the amount due to us in respect of costs.

10.2   If we are conducting litigation for you, we have additional rights. We may exercise our lien in relation to any property recovered or preserved for you whether it is in our possession or not and in respect of all costs incurred, whether billed or unbilled. We may have the right to ask the Court to make a charging order in our favour in respect of any assessed costs awarded to you.

10.3   We have a policy of storing our client’s papers, files, deeds, securities and other such documents without charge but reserve the right to make a charge for future storage on reasonable notice.

10.4   We accept no liability for the storage of any such papers, files, deeds and securities on your behalf (other than for our proven negligence), and such documents are retained by us at your risk.

10.5   We reserve the right to charge for the production and/or copying of any deeds, documents, files, or papers retained on your behalf and for the delivery thereof.

10.6   Any documents, files, deeds or other securities will be delivered to you by post or courier at your request and at your risk.

10.7   Files will be retained for a maximum of six years from the conclusion of the matter. In addition, we will keep your file of papers for you in storage for not less than 6 years. After that period, further storage is retained on the clear understanding that we have the right to destroy it after such period as we consider reasonable. We will not (of course) destroy any papers, files, deeds, securities or other such documents which you have asked us specifically to hold to your order; but we reserve the right to levy an administrative charge for any time spent reviewing or sorting the papers in order to comply with your instructions.

  1. Court Record

11.1   If the work done involves court proceedings we will appear as your legal representative on the court record. All correspondence and legal documents relating to your case will be sent to our office rather than to your address.

11.2   If, during the course of such proceedings an interim bill for disbursements is not paid or an invoice on account of fees is not paid within the due time, we reserve the right to terminate our retainer, remove our name from the court record, and advise the court of the reason for the removal. In that case we shall cease to represent you in that matter.

  1. Court Cases

12.1   If you lose your case you may be ordered to pay your opponent’s costs as well as having to pay your own legal costs.

12.2   Even if you win your case, your opponent may not be ordered to pay all our fees and your costs and/or may not be capable of paying our fees and your costs which he or she has been ordered to pay. You will be responsible for the cost of recovering any costs that the court orders the other party to pay.

12.3   If you are successful and the court orders the other party to pay some or all of your costs, interest may be claimed on them from the other party from the date of the court order. We will account to you for such interest to the extent that you have paid our fees.

12.4   If your opponent is publicly funded you will not normally be able to recover our fees and your costs from him even if you are successful in the case.

12.5   If we have instructed an external barrister for you, every effort will be made to secure the help of that person throughout your case. If that barrister is not available a substitute will be instructed if possible.

  1. Dispute over Fees

13.1   If you dispute the amount of our fees (whether in respect of an interim or a final bill) you should refer the matter to us in writing setting out the reason for your complaint.

13.2   If we cannot agree what is the fair amount of costs then you have the following rights: (a) to complain to the Legal Ombudsman at PO Box 6806, Wolverhampton, WV1 9WJ. Any complaint to the Legal Ombudsman must normally be made within six months of receiving a final written response from us about your complaint or (b) to ask the court to assess the amount of our costs (if it has not already done so) and to do this you should apply to the appropriate court for an order for detailed assessment.

  1. Disputes other than about Fees

14.1   If you have any cause to complain about our services in the first instance you should raise your concerns with the person who is normally dealing with your matter. If you are dissatisfied with their response you should set out, in writing, the nature of your complaint. The other partner of Hackett and Dabbs LLP will acknowledge receipt of your complaint in writing within 14 days of receipt.

14.2   This partner will then consider your complaint and carry out an investigation and will provide a proposed solution within ten business days. If the matter is complex and it takes longer to deal with your complaint, we will contact you within ten business days to give you an approximate timescale of when you can expect a response. If we believe it would be helpful, we may suggest a meeting. We will then provide you with a substantive written response.

14.3   If you remain dissatisfied with the written response you have the right to go to the Legal Ombudsman, our supervisory complaints body. The contact details for the Legal Ombudsman are PO Box 6806, Wolverhampton WV1 9WJ (Address)

  • 0300 555 0333 (Telephone)
  • +44 121 245 3050 (Calling from overseas)
  • 0300 555 1777 (Minicom)
  • enquiries@legalombudsman.org.uk (E-mail)
  • http://www.legalombudsman.org.uk (Website)
  1. Confidentiality
    15.1 Professional obligations

15.1.1   Barristers are under a professional and legal obligation to keep the affairs of clients confidential. This obligation, however, is subject to a statutory exception: recent legislation on money laundering and terrorist financing has placed lawyers under a legal duty in certain circumstances to disclose information to the National Crime Intelligence Service (NCIS). Where a barrister knows or suspects that a transaction on behalf of a client involves money laundering, the barrister may be required to make a money laundering disclosure.

15.1.2   If, while we are acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or of the reasons for it. Where the law permits, we will tell you about any potential money laundering problem and explain what action we may need to take.

15.2 Data Protection

15.2.1   All personal information relating to individual clients of Hackett & Dabbs LLP and anyone else with whom we have professional dealings will, where applicable, be kept confidential and processed in accordance with the Data Protection Act 1998 and in accordance with the policies and directives of the Information Commissioner’s Office [“the ICO”].

15.2.2   We use the information you provide primarily for the provision of legal services to you and for related purposes including:

    • Updating and enhancing client records
      • Analysis to help us manage and improve our practice
      • Statutory returns
      • Legal and regulatory compliance

15.2.3   Our use of that information is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality to you. Please note that our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access under data protection legislation to the personal data that we hold about you.

15.2.4   We may from time to time send you information which we think might be of interest to you. If you do not wish to receive that information please notify us in writing.

15.3 Review of files
Our practice is subject to statutory or regulatory audit or quality checks conducted by external organisations such as the BSB, the ICO, HMRC and NCIS. These external organisations are required to maintain confidentiality in relation to your files.

15.4 Documentation
You will be entitled to use and copy all documentation created by us for you in the scope of our work. All copyright and other intellectual property rights in the documentation created by us and relating to or connected with the scope of our work remains our property. We will be free to use any of the documentation and to use the intellectual property of any advice to other clients provided always that we do not breach our duty of confidentiality to you.

15.5 Electronic communications

15.5.1   We will aim to communicate with you by such a method as you may request. We may need to check electronic media or e-mail messages for viruses. Unless you withdraw consent, we will communicate with others when appropriate by e-mail but we cannot be responsible for the security of correspondence and documents sent by e-mail.

15.5.2   In addition, if you are a client and we have made a contract with you by electronic means you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us: see http://ec.europa.eu/odr.

  1. Professional Indemnity Insurance
    Our insurance provider is Bar Mutual Indemnity Fund Limited of 90 Fenchurch Street
    London EC3M 4ST United Kingdom; telephone +44 (0)20 7621 0405; fax +44 (0) 20 7283 5988; e-mail to info@barmutual.co.uk.

The territorial coverage of our insurance is worldwide.

 

  1. Limitation of Liability

17.1   Our liability to you for breach of your instructions or negligence shall be limited to £1,000,000 (one million pounds sterling), unless we expressly state a higher amount in the Client Care Notice or other letter accompanying these terms of business. We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses or any damages, costs or losses attributable to lost profits or opportunities.

17.2   We can only limit our liability to the extent the law allows. In particular we cannot limit our liability for death, or personal injury caused by our negligence.

Please ask if you would like us to explain any of the terms above.

  1. Equality and Diversity
    Hackett & Dabbs LLP is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.
  2. Termination

19.1   You may terminate your instructions to us in writing at any time but we will be entitled to keep all your papers and documents whilst there is money owing to us for our charges and expenses.

19.2   We may decide to stop acting for you only with good reason, for example, if you do not pay an interim bill or comply with our request for a payment on account. We must give you reasonable notice that we will stop acting for you.

19.3   If you or we decide that we will no longer act for you, you will pay our charges on an hourly basis and expenses as set out earlier.

    1. Miscellaneous

20.1   Hours of Business: Our normal hours of business are Monday to Friday 1000hrs – 1730hrs. Appointments outside of these hours may be available by arrangement.

20.2   We reserve the right to amend these Terms and Conditions by reasonable written notice delivered to you at your address last known to us.

20.3   These Terms and Conditions shall be deemed to apply to any matter with effect from the time when we shall have first commenced performing professional services for you.

20.4   In the event that you shall instruct us jointly with, or as agent for, another person, you and that other person shall be deemed to be jointly and severally responsible for our costs and disbursements in the matter except to the extent that we agree with either of you in writing to the contrary.

20.5   These Terms and Conditions do not apply to services performed by us or our agents in relation to court proceedings outside the English jurisdiction.

20.6   Your continued instructions in this matter will amount to your acceptance of these Terms and Conditions of business.

20.7   These Terms and Conditions are to be read in conjunction with your Client Care Notice.

20.8   In the event of conflict between the Client Care Notice and these Conditions, the Client Care Notice shall prevail.

 

Hackett & Dabbs LLP

September 2019

 

Complaints are initially handled by our own internal process. In the first instance please contact us at info@hackettdabbs.co.uk  Full details of our full complaints procedure can be found below.

You may complain up to 6 years from the date of the incident however, you should lodge a complaint at the earliest opportunity.

If you are a client and do not accept our findings of the complaint, you may refer the matter to the Legal Ombudsman: https://www.legalombudsman.org.uk/

The Legal Ombudsman records data of the complaints it has investigated. That data can be found here: https://www.legalombudsman.org.uk/raising-standards/data-and-decisions/

If you are not a client and do not accept our findings of the complaint, you may refer the matter to the Bar Standards Board. A  link to their website can be found here: https://www.barstandardsboard.org.uk/complaints-and-professional-conduct/

 

Hackett & Dabbs LLP Complaints Procedure

 

We at Hackett & Dabbs LLP are committed to ensuring that our clients receive an excellent service and accurate, timely advice.

 

Any expression of dissatisfaction about the service you have received from Hackett & Dabbs will be considered seriously and we will ensure that we respond promptly to any complaint that we receive.

If you feel that we have failed to achieve an acceptable standard of service we want you to tell us.  We regard it as an opportunity to monitor and improve our quality of service.  We will investigate your concerns objectively and try to generate a positive and speedy solution.

 

In the first instance you should raise your concerns with the person who is normally dealing with your matter. If you are dissatisfied with their response you should set out, in writing, the nature of your complaint. The other partner of Hackett and Dabbs LLP will acknowledge receipt of your complaint in writing within 14 days of receipt.

 

This partner will then consider your complaint and carry out an investigation and will provide a proposed solution within ten business days. If the matter is complex and it takes longer to deal with your complaint, we will contact you within ten business days to give you an approximate timescale of when you can expect a response. If we believe it would be helpful, we may suggest a meeting. We will then provide you with a substantive written response.

 

If you remain dissatisfied with the written response you have the right to go to the Legal Ombudsman, our supervisory complaints body.

 

The Legal Ombudsman contact details are:

 

  • PO Box 6806, Wolverhampton WV1 9WJ (Address)
  • 0300 555 0333 (Telephone)
  • +44 121 245 3050 (Calling from overseas)
  • 0300 555 1777 (Minicom)
  • enquiries@legalombudsman.org.uk (E-mail)
  • http://www.legalombudsman.org.uk (Website)

 

Ordinarily you must refer the complaint to the Legal Ombudsman within six months from receiving a written response to the complaint from us.

 

The Legal Ombudsman will accept complaints up to either six years from the act/omission or three years from when the complainant should have known about the complaint. However, the Legal Ombudsman will not accept complaints where the act or date of awareness was before 6th October 2010.

 

 

 

 

 

 

 

 

 

Hackett & Dabbs LLP                                                                         February 2019

 

Privacy Policy – Notice given under the General Data Protection Regulation (“GDPR”)

This notice is intended for all Clients in respect of whom personal data is collected or accepted by Hackett & Dabbs LLP [“H&D”] in the ordinary course of legal representation.

Please read the following information carefully.

This Privacy Notice contains information about the data collected, stored and otherwise processed about you and the reasons for the processing. It also tells you who we share this information with; the security mechanisms we have in place to protect your data; and how to contact me in the event that you need further information.

Who are we?

H&D collects, uses and is responsible for personal information about you. This makes us the controller of this information for the purposes of the GDPR and the Data Protection Act 2018.

If you need to contact us about your data or the processing carried out you can use the contact details at the end of this Notice.

What does H&D do with your information?

Information collected

When carrying out the provision of legal services H&D may collect some or all of the following personal information: –

  • Name and usual address
  • family details
  • lifestyle and social circumstances
  • goods and services
  • financial details
  • education, training and employment details
  • physical or mental health details
  • racial or ethnic origin
  • political opinions
  • religious, philosophical or other spiritual beliefs
  • trade union membership
  • sex life or sexual orientation
  • genetic data
  • biometric data for the purpose of uniquely identifying a natural person
  • criminal proceedings, outcomes and sentences, and related security measures
  • other personal data relevant to instructions to provide legal services, including data specific to the instructions in question.Information collected from other sourcesHow we use your personal information: Purposes
  • H&D may use your personal information for the following purposes:
  • The same categories of information may also be obtained from third parties, such as other legal professionals or experts, members of the public, your family and friends, witnesses, courts and other tribunals, investigators, government departments, regulators, public records and registers.
  • to provide legal services to our clients, including the provision of legal advice and representation in courts, tribunals, arbitrations, and mediations;
  • to keep accounting records and carry out office administration;
  • to take or defend legal or regulatory proceedings or to exercise a lien;
  • to respond to potential complaints or make complaints;
  • to check for potential conflicts of interest in relation to future potential cases;
  • to promote and market our services;
  • to carry out anti-money laundering and terrorist financing checks;
  • to train other barristers and when providing work-shadowing opportunities;
  • when procuring goods and services;
  • to publish legal judgments and decisions of courts and tribunals;
  • as required or permitted by law.Whether information has to be provided by you, and why We rely on the following as the lawful bases on which we collect and use your personal information:-
  • The legal basis for processing your personal information
  • If H&D has been instructed by you or on your behalf in a case, your personal data has to be provided, in part to enable us to supply the advice or representation which your case requires; in part to comply with our professional obligations to our Regulator; in part to keep adequate accounting records for the Inland Revenue; and in part so that we can comply with the anti-money laundering and anti-terrorism laws of this country.
  • If you have given consent to the processing of your personal information, then we may process that data for the Purposes set out above and to the extent to which you have consented to us doing so.
  • If you are a Client, data processing is necessary for the performance of our contract for legal services, or in order to take steps at your request prior to entering into such a contract.
  • In relation to data which is in categories (g) to (o) above [categories which are considered to include particularly sensitive information, and which include information about criminal convictions or proceedings] we shall rely upon your consent for any processing for the purposes set out in Purposes (ii), (iv), (vi) and (viii) above. We will need your consent to carry out processing of this data for these purposes.
  • However, if you do not consent to processing for Purpose (iv) [responding to potential complaints] H&D will be unable to take your case. This is because we need to be able to retain all the material about your case until there is no prospect of a complaint.
  • In relation to information in categories (g) to (o) above (these being categories which are considered to be particularly sensitive information and include information about criminal convictions or proceedings), H&D is entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for establishing, exercising or defending legal rights.
  • In relation to information which is not in categories (g) to (o) above, H&D relies upon its legitimate interest and/or the legitimate interests of a third party in carrying out data processing for the Purposes set out above.
  • In certain circumstances data processing may be necessary in order that we can comply with a legal obligation to which we am subject (including compliance with anti-money laundering or terrorist financing regulations).
  • The processing is necessary to publish judgments or other decisions of courts or tribunals. With whom will we share your personal information?In the ordinary course of legal services it may be necessary to share your data with the following persons:
  • If you are a client, some of the information you provide will be protected by legal professional privilege, unless and until such information becomes public in the course of any proceedings or otherwise. As a firm of regulated lawyers H&D has an obligation to keep your information strictly confidential save where it otherwise becomes public, or is disclosed as part of your case or legal proceedings.
  • Interim data processors such as staff, IT support contractors, e-mail server and data storage providers;
  • other legal professionals (the other side in a dispute, for instance);
  • experts and other witnesses;
  • prosecution authorities;
  • courts and tribunals;
  • trainee barristers or work-experience trainees;
  • family and associates of the Client whose personal information we are processing;
  • in the event of complaints, H&D’s Heads of Legal Practice and Financial Affairs, any other members of the firm at the material time who deal with complaints, the Bar Standards Board, and/or the Legal Ombudsman Service;
  • other regulatory authorities;
  • education and examining bodies with whom the Client has had dealings;
  • current, past or prospective employers of the Client;
  • business associates and professional advisers.In the case of the Information Commissioner’s Office there is always the risk that your data may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without our consent or yours, which includes privileged information. The personal information we collect may include information which has been obtained from the following sources:
  • Sources of information
  • H&D might also be required to disclose your information to the police or intelligence services where required or permitted by law.
  • For the avoidance of any doubt, H&D may be required to provide personal data to professional regulators such as the Bar Standards Board, and to statutory regulators such as the Financial Conduct Authority or Information Commissioner’s Office.
  • other legal professionals (e.g. the other side in legal proceedings);
  • experts and other witnesses;
  • prosecution authorities;
  • courts and tribunals;
  • trainee barristers;
  • family and associates of the Client whose personal information we are processing;
  • in the event of complaints, the Heads of Legal Practice and Financial Affairs, any other members of H&D who deal with complaints, the Bar Standards Board and/or the Legal Ombudsman Service.
  • other regulatory authorities;
  • current, past or prospective employers of the Client;
  • business associates, professional advisers and trade bodies, e.g. the Bar Council;
  • data processors, such as H&D staff, IT support, e-mail telecoms and/or data storage providers;
  • public sources, such as the press, public registers and law reports. Transfer of your information outside the European Economic AreaHowever, if you reside outside the EEA or your case involves persons organisations or courts and tribunals outside the EEA then it may be necessary to transfer some of your data to that country for that purpose. If you are in a country outside the EEA, or if the instructions you provide come from outside the EEA, then it is inevitable that data will be transferred to those countries. If this situation applies to you and you wish additional precautions to be taken in respect of your data then please indicate this when providing initial instructions.H&D may wish to transfer your personal data to the following third parties which are located outside the European Economic Area (EEA) and for the following purposes:
  • Some countries and organisations outside the EEA have been assessed by the European Commission, and their data protection laws and procedures have been found to show adequate protection. Most countries, however, do not. If your data has to be transferred outside the EEA, then be aware that you may not have the same protections and rights as you do within the EEA.
  • This Privacy Notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA in any particular case or for a reference.
  • “cloud” data storage services based in the USA who have agreed to comply with the EU-U.S. Privacy Shield code of practice, so that H&D can store your data and/or backup copies of that data (so that we can access it when needed). The USA does not have the same data protection laws as the EU; but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. If you want to obtain further details of that code go to https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.If you would like any further information please use the contact details at the end of this document.How long will H&D store your personal data?At the end of this period any need for further retention will be considered and the data will be marked for deletion or for retention for a further period. The further retention period is likely to be required only where the data is needed for legal proceedings, regulatory matters or active complaints. Deletion of data will be carried out without further notice to you as soon as reasonably practicable after the data is marked for deletion. Data related to anti-money laundering checks will be retained until five years have passed after the completion of the relevant transaction or other business relationship, whichever is the later. As explained above, H&D is relying on your express consent to process your data in categories (g) to (o) above. You are deemed to have provided this consent when you retained H&D to provide legal services. You have the right to withdraw this consent at any time; but this would not affect the lawfulness of any processing H&D has already carried out prior to withdrawal of consent. Where H&D relies also on other bases for processing your data you may not be able to prevent processing by withdrawing consent: for example, if you instructed us to work on your behalf and later you fail to pay fees lawfully due – in which instance H&D would be entitled to use personal data in order to recover any debt which is owed.  Under the GDPR, you have a number of rights that you can exercise in certain circumstances. The exercise of such rights are free of charge. In summary, you may have the right to:
  • Your Rights
  • If there is an issue with the processing of your data, please contact H&D’s Data Protection Manager (David Dabbs) using the contact details at the end of this notice.
  • Consent
  • Names and contact details held for marketing purposes will be stored indefinitely or until we become aware or informed that you have ceased to be a client or potential client.
  • H&D will store some of your basic data so that we can carry out conflict checks when approached by new clients (we are not permitted to act for past opponents of yours unless you give specific consent). However, this data is likely to be limited to your name and contact details and the formal name of any litigation in which you were involved. This basic data will not include any information falling within categories (g) to (o) above.
  • H&D will typically store your data for a maximum of fifteen (15) years. This is considered to be the maximum necessary under the Limitation Act 1980, and is a period recommended by H&D’s professional indemnity insurers, the Bar Mutual Indemnity Fund.
  • H&D will not otherwise transfer personal information outside the EEA except as necessary for providing legal services or for any legal proceedings, as described above.
  • Ask for access to your personal data and other supplementary information;
  • Ask for correction of mistakes in your data or to complete missing information;
  • Ask for your personal data to be erased (“the right to be forgotten”), in certain circumstances;
  • Receive a copy of the personal data you have provided to H&D, or have this information sent to a nominated third party. This data will be provided to you or the third party in a structured, commonly-used and machine-readable format, e.g. a Word or Adobe file;
  • Object at any time to processing of your personal data for direct marketing;
  • Object in certain other situations to the continued processing of your personal data;
  • Restrict H&D’s processing of your personal data in certain circumstances;If you want to exercise any of these rights, please:
  • If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on Individual’s rights under the GDPR.
  • Use the contact details at the end of this document;
  • Provide a contact address so that you can be contacted to request further information to verify your identity;
  • Provide proof of your identity and address;
  • State the right or rights that you wish to exercise. Please note if you wish to unsubscribe from any marketing emails that you have signed up for, you can do so by informing us at the contact details given at the end of this notice.How to make a complaintThe Commissioner’s Office can be contacted at http://ico.org.uk/concerns. Future Processing This Privacy Notice was published in January 2020. If you have any questions about this Privacy Notice or the information we hold about you, please contact the Data Protection Manager.
  • January 2020                                                                                    Hackett & Dabbs LLP
  •  
  • The best way to contact the Data Protection Manager is to write to him at the office address or by email at david.dabbs@hackettdabbs.co.uk or by telephone on 02393 878797.
  • Contact Details
  • H&D continually reviews its privacy practices and may change this policy from time to time. When we do the revised version will be placed on our website and inserted into the next written correspondence or electronic communication.
  • Changes to this Privacy Notice
  • We do not intend to process your personal data except for the reasons stated within this Privacy Notice. If any aspect of those reasons changes, this Notice will be amended (see below).
  • The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally reside or where the alleged infringement of data protection laws occurred.
  • Marketing E-mails
  • H&D will respond to you within one month from when your request is received.

– The Barristers Register contains the Code of Conduct for barristers, Code Guidance, regulatory obligations and compliance and how to report serious misconduct.  The Register can be found here

-If you are a member of the Public you may wish to seach for information about barristers.

This is also available on the Bar Council’s website

Hackett & Dabbs are committed to keeping our office open during the pandemic and have completed a Covid-19 risk assessment in order to ensure it is safe to do so.

We are adhering to the following guidelines:

  • Staff will continue working remotely unless it is not possible for them to do so;
  • All meetings will take place virtually;
  • Staff working from our office must be appropriately distanced with numbers limited and strict guidelines followed;
  • All business related travel has been suspended, with the exception of prison visits, which are only undertaken where available and imperative.

Last Updated: 4 January 2021

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