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.
Our United Kingdom VAT registration number is GB 280 973 082.
The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000 but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The SRA is the independent regulatory body of the Law Society. The professional rules made by the SRA can be found at http://www.sra.org.uk/handbook/.
The Legal Ombudsman is the independent complaints handling body of the Law Society for some types of complainant as set out on their website – www.legalombudsman.org.uk. The address of the Legal Ombudsman is PO Box 6806, Wolverhampton, WV1 9WJ. Normally you will need to bring a complaint to the Legal Ombudsman with six months of receiving a final written response from us about your complaint and within six years of the act or omissions complained about, or within three years of the date when you should reasonably have known there was cause for complaint.
If for any reason we are unable to resolve the problem between us, further complaints and redress mechanisms are provided through the SRA and the Legal Ombudsman as stated above. Alternatively you may access the Online Dispute Resolution Platform (“ODR Platform”), being an alternative dispute resolution forum operating entirely online. The ODR Platform may be accessed through this link: http://ec.europa.eu/consumers/odr/.
Further information regarding how we deal with complaints is on our website at http://www.osborneclarke.com/complaints/
When Osborne Clarke LLP receives money from or on behalf of a client, it will be paid into a general client account with NatWest Bank (a member of the Royal Bank of Scotland Group) who is our primary banker. 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 on money held in general client account will be applied at each quarter end or on closure of the account but will not be applied to specific matters if less than £5 in any quarter. Interest is paid by NatWest to Osborne Clarke LLP on the aggregate of all client money held in the general client account and, subject to any interest paid to clients as above, is for the benefit of Osborne Clarke LLP.
Designated deposit facilities are maintained with a number of banks and may vary from time to time. Alternative arrangements can also be made at the client’s request. Client money may be moved from general client account to designated deposit accounts by Osborne Clarke LLP (subject to a £250,000 minimum) or on client request in order to achieve a better rate of interest. All the interest on designated deposit accounts is for the benefit of the client and can be paid either monthly or quarterly or on closure.
Joint accounts held between Osborne Clarke LLP and another law firm will be designated deposit accounts under the meaning of this policy and subject to the same conditions as set out above.
All client money, whether general client funds or designated deposited funds, will be held on instant access terms unless otherwise instructed.
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
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.
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 here or contact the person who is detailed in your Engagement Letter as being responsible for the overall supervision of the work. Further information can be found on our website at http://www.osborneclarke.com/ccr/
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.