To instruct Bott and Co to submit a claim on your behalf against the university, please complete your details below.
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Thank you for choosing Bott and Co Solicitors Ltd to take on your university compensation claim.
These are the terms on which we will handle your claim, and when accepted by you by pressing the “Submit Your Claim” button, will be a binding legal contract between you and us. Please read these terms carefully and only press the “Submit Your Claim” button if you accept these terms. You should also check the information you’ve entered is correct before pressing the “Submit Your Claim” button.
By pressing the “Submit Your Claim” button this is confirmation that you accept the terms of this contract. This includes terms relating to any interest payable by the defendant (see ‘interest’ section below), and terms relating to file audits (see ‘miscellaneous matters’ section below). You will also be responsible for paying our charges from your compensation as described in the ‘charges’ terms.
An email confirming these terms will be sent to you after you press the “Submit Your Claim” button. Please keep a copy of the email for your future reference.
In this document “we/us/our” means Bott and Co Solicitors Limited and “you/your” means the student.
Definitions of other words used in this document are as follows:
(a) Charges – Our charges for the legal work we do as solicitors on your claim.
(b) Claim – Your claim, whether or not court proceedings are issued, as described in the section “what is covered by this contract.”
(c) Costs – Charges, disbursements, and any applicable tax including VAT.
(d) Disbursements – Payments we make on your behalf including but not limited to court fees.
(e) Lien – Our right to keep all papers, documents, money or other property held on your behalf until all money due to us is paid.
(f) Lose – The court has dismissed your claim or you have stopped it on our advice.
(g) Start date – the date on which this contract begins. This is the date on which you press the submit button and the date on which we send you the email confirming these terms.
(h) Win – “Win” means that you recover damages or compensation or obtain other relief or succeed on any issue and/or an order for costs is made in your favour or an agreement is reached to pay costs in your favour at any stage in your claim.
BASIS OF OUR CONTRACT
You and we agree that this contract is a conditional fee agreement as prescribed by s.44 and s.46 of the Legal Aid, Sentence and Punishment of Offenders Act 2012 and the Conditional Fee Arrangements Order 2013. You and we acknowledge and agree that this contract is not a contentious business agreement within the terms of the Solicitors Act 1974 and it is not a damages based agreement within the terms of the Courts and Legal Services Act 1990
WHAT IS COVERED BY THIS CONTRACT
(i) Your claim for damages .
(ii) Any proceedings you take to enforce a judgment, order or agreement.
WHAT IS NOT COVERED BY THIS CONTRACT
(i) Any appeal you make against the final judgment or order without our prior agreement.
OUR CHARGES AND DISBURSEMENTS
We work on a no-win no-fee basis. If you win your claim, you pay us our charges. You also pay us our disbursements – but we shall recover the cost of these from your opponent so they won’t be taken from your compensation.
Our charges are £250 per hour but this is subject to a waiver or “cap” we place on our charges to ensure you always keep the majority of your damages.
We add VAT to the total of our charges at the rate that applies when the work is done (currently 20%). We are registered for VAT in the UK. Our VAT registration number is 768219105.
We will waive the right to enforce our claim for charges against you to the extent that those charges including VAT exceed 30% of damages recovered plus VAT.
This means that if our charges are more than 30% plus VAT then we will limit the charge to 30% plus VAT– so this is the maximum you will pay.
You will always keep the majority of your compensation.
If you lose, you do not pay our charges or our disbursements and you will not be liable for any opponent’s costs and/or disbursements so long as you act reasonably.
You agree to pay into a designated account any payment made by your opponent and made payable to you. Out of the money you agree to pay us the balance of the charges and any VAT by bank transfer or cheque, or to let us take the balance of the charges when we ask you to, plus and any VAT. You take the rest.
You agree that if you win and we receive money from your opponent, we can deduct our charges, and any VAT from any money we receive from your opponent. You take the rest.
We do not accept payment in cash or by credit card.
We are allowed to keep any interest your opponent is ordered to pay, or agrees to pay, on the costs.
If your opponent does not pay any damages owed to you we have the right to take recovery action in your name to enforce a judgment order or agreement. The charges of this action become part of the charges under this contract.
(i) Always act in your best interest subject to our duty to the Court;
(ii) Give you our best advice about whether to accept any offer of settlement.
(i) Give us instructions that allow us to do our work properly;
(ii) Not ask us to work in an improper or unreasonable way;
(iii) Not deliberately mislead us;
(iv) Co-operate with us.
WHAT CAN YOU CLAIM?
We will be pursuing a claim to recover damages that you have incurred as a result of the disruption to your tuition caused by your lecturers striking. These damages may include a partial refund of the tuition fees paid and reimbursement of expenses you have incurred as a result of the strikes.
We will contact you at the appropriate time to obtain details of these losses. In the meantime pleasure ensure that you retain this information and any applicable receipts, for use later.
We will sign the court papers on your behalf and by instructing us to act on your behalf you agree to us taking this course of action if necessary. Signing the court papers involves us giving a statement of truth which is our affirmation that the information you have provided in the court papers are true. This statement of truth is very important and must not be taken lightly.
HOW LONG WILL IT TAKE?
Each individual case is different and it’s difficult for us to be able to tell you exactly when your claim will be settled as this very much depends on the attitude adopted by the university towards your case. However, we will issue a letter before action in respect of your claim as soon as we send you our email confirming these terms. Our issuing a letter of claim at this stage does not affect your cancellation rights (see below).
ENDING OUR CONTRACT WITH YOU
You can end this contract at any time.
We can end this contract if:
If you die before your claim is concluded and your personal representatives continue your claim, we will be entitled to be paid in accordance with this contract if your personal representatives go on to win your claim.
After this contract ends we may apply to have our name removed from the record of any court proceedings in which we are acting.
You should also note that if you win your claim your opponent may be required to pay interest on the damages, and on charges and disbursements incurred by us on your behalf. By pressing the submit button, you agree that since you will not have been paying our charges for the duration of the case we are entitled to retain such interest.
CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
We are required to provide to you with certain information under Schedule 2 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Where it is relevant to this contract, the required information is contained in this document.
STATUTORY CANCELLATION RIGHTS
You have the right to cancel this contract and you can do so within 14 calendar days starting from the date on which you receive our email confirming our contract with you. If you wish to cancel your contract with us, you must inform us as soon as possible before the end of this 14 calendar day period. You can inform us of your wish to cancel via telephone, post or email. You may use the attached model cancellation form, but you do not have to. Our contact details are:
Telephone: 01625 415 800
Address: Bott and Co Solicitors Ltd, St Anns House, Parsonage Green,
Wilmslow, SK9 1HG.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Please note that we record all our phone calls in order to provide a record of your explicit consent on a durable medium.
Your claim is being handled by the Tuition Fee Team, which is headed up by Technical Legal Manager, Coby Benson. He will supervise all the work which will be undertaken. We’re committed to high quality legal advice and client care. If you are unhappy about any aspect of the service you have received or about the bill, please contact Coby Benson in the first instance on 01625 415800 or by post to our Wilmslow office. We have a procedure in place that details how we handle complaints and which is available from us. We have eight weeks to consider your complaint. If we have not resolved it within this time you may complain to the Legal Ombudsman.
If you are not satisfied with the way we’ve handed your complaint, you can ask the Legal Ombudsman to look into the complaint. The Legal Ombudsman may be contacted in writing at P.O. Box 6808, Wolverhampton, WV1 9WJ or by email at firstname.lastname@example.org or by telephone at 0300 555 0333. Further information is on the website at www.legalombudsman.org.uk. Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within a year of the act or omission about which you are complaining occurring (or you becoming aware of it). In addition, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Platform.
If you are objecting to our bill you may also have a right to apply to the court for an assessment of the bill under Part 3 of the Solicitors Act 1974. However, the Legal Ombudsman may not deal with a complaint about a bill if you have applied to the court for assessment of that bill. You should also note that if all or part of the bill remains unpaid, we may be entitled to charge interest.
If we cease acting for you, there may be circumstances in which we may be entitled to exercise a lien for unpaid costs. Prior to exercising a lien we would always try to ensure that your position is not prejudiced.
As part of our ongoing commitment to client care, our files are confidentially audited from time to time by an external independent auditor. If you do not wish for your files to be audited, please let us know.
After completing your case, we are entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. We will archive our file of papers (except for any of your papers, which you ask to be returned to you) for six years, after which they will be destroyed unless you specifically request us to keep any documents safe and for which we may levy a charge.
Specifically we will not release your archived file of papers to you or another firm of solicitors prior to payment of a charge for the cost of storage and retrieval which will be a minimum of £30 plus VAT.
We are required by our regulator to hold professional indemnity insurance. Our professional indemnity insurance provides cover on a UK basis and is underwritten by Axis Speciality Europe S.E. Plantation Place South, 60 Great Tower Street, London EC3R 5AZ.
This contract, and any claim or dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any such claim or dispute.
THE SMALL PRINT
Bott and Co is a trading name of Bott and Co Solicitors Ltd, which is a firm authorised and regulated by the Solicitors Regulation Authority, SRA Number 605593. The professional rules of the SRA with which we are bound to comply can be accessed at www.sra.org.uk/solicitors/handbook/code/content.page. Our registered office address and address for correspondence is St. Ann’s House, Parsonage Green, Wilmslow, Cheshire, SK9 1HG. Bott and Co Solicitors Ltd is a private limited company.
Call us on 01625 415 800
Lines open: Mon – Fri 8am – 8pm; Sat & Sun 10am – 4pm
Email us on email@example.com
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Bott and Co Solicitors Ltd, St. Ann’s House, Wilmslow, SK9 1HG:
I hereby give notice that I cancel my contract for the supply of the following service,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
At Bott and Co Solicitors Ltd we recognise that your privacy is important. We value your trust and confidence and are firmly committed to protecting the privacy of our clients and visitors to our website. Bott and Co Solicitors Ltd is equally committed to protecting the privacy of the information that it gathers.
This policy, together with our Terms and Conditions, describes the privacy practices of Bott and Co Solicitors Ltd and its subsidiaries. Below you can find detailed information on when and why we process personal information.
As part of our business, we retain and process personal data to enable us to provide legal advice, legal services, and/or to conduct legal proceedings on behalf of our clients. We only process data when we have a lawful reason for doing so. The lawful reason we use to process your personal data may differ for each processing activity. The personal information that we collect so that we can provide you with our legal services is processed under a legitimate interest and where necessary consent. All direct marketing communications will require your consent.
The information collected and processed may include:
i. Any information you give us throughout the conduct of any claim or query with us;
ii. Any personal details you enter and submit on our website and social media accounts such as name, address, email address, etc.
iii. Any personal information we receive from any third party which information we may obtain during the conduct of a case such as medical records in a personal injury claim or witness details and so on. In instances where we need to obtain medical records, we will always request your permission.
iv. Your IP address, referrer, web pages that you visit and any other data stored in website logs.
v. Session information stored in cookies that are used to ensure accurate data is extracted from our systems.
vi. Under no circumstances will we hold credit card details, expiry date and security codes in our database.
vii. In order to improve our service telephone calls may be recorded and/or monitored.
viii. As part of our efforts to protect our premises and the data we store, CCTV monitoring takes place at our premises. We store recorded images for a minimum of 30 days.
ix. When assessing the validity of any claim made by you or in order to assist in substantiating your claim against the third party, we may review any social media presence either publicly or through invitation through sites such as Facebook or Instagram.
Any information we collect will be used in accordance with applicable laws for the following purposes:
i. To comply with legal requirements such as the Solicitors Regulatory Authority or General Data Protection Regulation.
ii. We can send you information about our products and services which might include inviting you to allow us to use your claim as a case study. In such a case, you will be offered the option to opt in and/or out.
iii. We may use personal information to provide the Bott and Co Solicitors Ltd’s service including legal proceedings.
iv. We may use personal information for auditing, research and analysis to operate and improve Bott and Co Solicitors Ltd’s technologies and services.
v. We may share aggregated non-personal information with third parties.
vii. We may share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
viii. When you send email or other communication to Bott and Co Solicitors Ltd, we may retain those communications in order to process your enquiries, respond to your requests and improve our services.
ix. All your data you hold with us is backed up at separate physical premises with technical and organisational measures equal to the premises where the original data is held. This is to ensure that your data is not lost or destroyed should the original be destroyed without your instructions unless it is destroyed in line with our data retention policies.
Except as described herein, we do NOT disclose your information to nor share your information with third parties.
Bott and Co Solicitors Ltd will do its utmost to ensure that its registration requirements pursuant to GDPR, (including any statutory modification or re-enactment of General Data Protection Regulation) are fully complied with at all times. As is necessary for the purposes of legitimate interests, Bott and Co Solicitors Ltd will use your data (Data) in the progression of your matter and Bott and Co Solicitors Ltd will act as a “data controller” (for the purposes of GDPR) of your data. Specifically, we will use your data for to progress your claim (for example through Court, Counsel, Arbitrators, National Enforcement Bodies and Solicitor Agents), populating a Claim Notification Form, sending Protocol Letters and making searches; such as AskMID (Motor Insurance details), Medco (medical expert allocation), ELTO (Employer Insurance details) and any other search or process in the progression of your matter.
Bott and Co Solicitors Ltd complies at all times with its obligations under GDPR, including but not limited to, taking appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to personal or special personal data. When considering what measures are appropriate, Bott and Co Solicitors Ltd shall have regard to the state of good practice, technical development and the cost of implementing any measures to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss or destruction, and to the nature of the data to be protected. To this extent Bott and Co Solicitors Ltd has acquired Cyber Essentials Plus accreditation and ISO27001 accreditation. A copy of the relevant ISO27001 accreditation Notice is available by request from our Information Security Manager, Susan Luya.
Bott and Co Solicitors Ltd will do its utmost to store your data within a Member State of the European Union. However some of your data may be transmitted to a country not providing adequate protection within the meaning of Directive 95/46/EC. If data does leave the EU, Bott and Co Solicitors Ltd will do its utmost to ensure equivalent levels of protection and security for your data. Examples of when and how data under the control of Bott and Co. Solicitors Ltd may travel outside of the EU is if your data is stored within Amazon Web Service hosted environment.
You have the right to access any information we hold about you in a common machine readable format free of charge, unless your request is excessive or repetitive. We will process your request without undue delay.
Bott endorses and makes concerted efforts to comply with the rights of subjects as identified in GDPR, including:
4.1 the right to be informed;
4.2 the right of access;
4.3 the right to rectification
4.4 the right to erasure
4.5 the right to restrict processing
4.6 the right to data portability
4.7 the right to object
4.8 rights in relation to automated decision making and profiling
Individuals wishing to invoke any of their above rights should contact Susan Luya, the Data Protection Officer. Bott and Co Solicitors Ltd will make sure they comply with your request with the relevant time period allowed by law, whilst not contravening any other Regulatory body under which they operate.
Bott and Co Solicitors Ltd maintains a strict “no-spam” policy. Your email address will not be sold to any third party.
Bott and Co Solicitors Ltd will obtain your consent before adding your email address to our mailing list to which we may send emails containing news, announcements, new feature information and other Bott and Co Solicitors Ltd related information. You can at any time unsubscribe to this mailing list by selecting the unsubscribe option within the email.
Because some communication with our clients is necessary to adequately provide our services, clients cannot opt-out of receiving administrative emails related to their matters.
We take appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data. Our security measures include:
Cyber Essentials Plus Certified
In order to ensure the secure transmission of sensitive data, we will use products such as Echosign, an encrypted e-signing solution and Safedrop, an encrypted file sharing solution.
We restrict access to personal information to Bott and Co Solicitors Ltd employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, inmercluding termination and criminal prosecution, if they fail to meet these obligations.
We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided then you should inform us immediately, so that we can do our best to resolve the problem. In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues at this stage. If you would like to make a formal complaint, then you can request a copy of our complaints process through the person who is dealing with your claim or by emailing firstname.lastname@example.org. Making a complaint will not affect how we handle your case. The Solicitors Regulation Authority can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic. You can raise your concerns with the Solicitors Regulation Authority.
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. 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
• No more than six years from the date of act/omission; or
• No more than three years from when you should reasonably have known there was cause for complaint.
If you would like more information about the Legal Ombudsman, please contact them.
Call: 0300 555 0333 between 9am to 5pm.
Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ
A cookie is a simple unique text file stored on your computer or mobile device by a website server. Only that website’s service is able to retrieve or read the contents of the cookie. It will contain some information such as the URL of the website, a unique identifier and some digits and numbers.
Some people find the concept of cookies intrusive. If you prefer, it is possible to block cookies or even to delete cookies that have already been set; but you need to be aware that you might negatively affect the manner in which this website responds to you and may prevent you from using certain parts of the site. Should you wish to control the manner in which Cookies are handled on your computer, we suggest consulting the Help section of your browser.
If you have any questions about our privacy statement, the information we have collected from you online, the practices of this website, or your dealings with this website, please contact us by using our online contact form or by emailing the Information Security Manager, Susan Luya at email@example.com .