Redd Solicitors Telephone+44 (0) 20 7776 4760

TERMS OF BUSINESS

1.         Our Contract

Please read this document carefully.  It sets out the terms and conditions (Terms of Business) upon which we agree to provide you with Services, except to which we inform you in writing that other terms apply. If you have any questions or concerns about these Terms of Business please contact the partner dealing with your Matter as soon as possible. 

In particular, we draw your attention to Paragraph 19 which sets out important limitations and exclusions of our liability to you which apply to all Services provided to you.

If any provision in any Engagement Letter which you receive from us for a Matter conflicts with these Terms of Business, the provision in the Engagement Letter will apply.

These Terms of Business together with any Engagement Letter shall constitute the entire agreement between us and shall apply to each Matter on which we are instructed. No variation of these Terms of Business shall be effective unless it is in writing and is signed by a Partner.

We may ask you to sign and return a copy of our Engagement Letters confirming your acceptance of these Terms of Business.  However, whether or not this is requested or done, your continuing instructions in relation to any Matter or placing of any new Matter instructions shall constitute your acceptance of these Terms of Business.

2.         Defined Terms

In these Terms of Business:

Engagement Letter in relation to a Matter means a letter or other agreement recording the basis of Redd's engagement;

Client Papers means documents we create or receive on your behalf in connection with a Matter (including communications with third parties, attendance notes of meetings and conversations, draft and final documents, instructions to and opinions from barristers and other third parties);

Client Documents means documents given or lent to us to enable us to provide Services to you;

Matter means a specific transaction, advice, dispute or issue in relation to which you ask us to provide Services whether or not defined in an Engagement Letter;

Mistake means an error, breach of contract, negligent act or omission, tort, breach of statutory or equitable duty, delay, failure or other mistake of any kind whatsoever;

Partner means a member of Redd.  We have continued to use the term "partner" because it is familiar but its use shall not be construed as indicating that members or designated members of Redd Solicitors LLP are carrying on business in partnership for the purposes of the Partnership Act 1890 or for any other purpose;

Redd is a trading name of Redd Solicitors LLP;

Redd Documents means documents other than Client Papers which we create or receive for Redd's benefit including, without limitation, copy letters, emails and other communications to you; your letters, emails and other communications to us; attendance notes of meetings and calls with you for which you have not been charged; and our drafts, research notes and materials, internal memoranda and other internal notes and precedents;

Redd Solicitors LLP means Redd Solicitors LLP, a limited liability partnership (incorporated in England No.OC308530) regulated by the Solicitors Regulation Authority No. 406170, whose registered office is at 22 Tudor Street, London, EC4Y 0AY and any successor practice. Our VAT number is: 839 9777 44;

Services means all services provided by us to you in relation to a Matter;

We, us, Redd and our refer to Redd Solicitors LLP; and

You means the addressee of the relevant Engagement Letter and/or any other person, firm or entity identified therein as our client or otherwise the instructing client(s) in any particular Matter (and your shall be construed accordingly);

3.         Conduct of your Matters

3.1        We will assign a Partner (a Matter Partner) who will have overall responsibility for handling the Matter specified in the Engagement Letter, assisted by such lawyers, paralegals and other staff as the Matter Partner thinks are necessary or desirable from time to time to ensure satisfactory delivery of the Services. 

3.2        We will make sure you that you know the name and status of the people working on your Matters.

3.3        You give us full authority to act for you to the fullest extent necessary or desirable to provide the Services.  If we so require, you will contract directly with any third party so engaged by us and assume direct responsibility to them for the payment of their fees and expenses. In all other cases where, with your prior agreement, we have appointed an external professional (such as a foreign lawyer, barrister, patent or trade mark attorney, economist, accountant or other expert or professional practitioner) on your behalf, you will reimburse us on a full indemnity basis for any amount incurred by us on account of such third party professional's fees and expenses (however we will not typically agree to engage a third party professional on your behalf unless we have received from you an equivalent amount in advance on account of such professional's fees).  Provided we have chosen or recommended a third party professional with reasonable care, we will not be liable to you for losses, damages, costs or expenses caused by the negligence, acts or omissions of that professional.

3.4        We only advise on the laws of England and Wales. Where advice is required on the laws of any other jurisdiction we may, with your agreement, agree to instruct lawyers qualified to give legal advice in such other jurisdiction, on the same basis as we engage other third parties on your behalf.

3.5        Unless you ask us to correspond with you at a particular address, telephone, fax number or email we will use those numbers and addresses which you publish.  If you wish us to observe any specific confidentiality procedures in the delivery of our Services you must notify us of those.  We shall not be liable for any loss or damage incurred as a result of your failure to so notify us.

4.         Our Service Standards and Complaints Procedure

4.1        We aim to provide a high quality professional service.  However, if for any reason you are unhappy about any aspect of our Service on a particular Matter or a bill delivered to you, you should raise it as soon as possible with the Matter Partner.  We have a procedure in place which details how we handle complaints a copy of which will be provided upon request (made either to the Matter Partner or by email to info@redd.eu). We have eight weeks to consider your complaint.  If we have not resolved it within this time, you may be entitled to take your complaint to the Legal Ombudsman (please refer to www.legalombudsman.org.uk for further information).  If you are not satisfied with our handling of your complaint you can ask the Legal Ombudsman to consider the complaint, although the Legal Ombudsman is not bound to accept complaints from clients who are not individuals, small businesses, charities or associations.  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).

4.2        If you have a complaint about a bill and this complaint has not been resolved by us in accordance with our complaints procedure you may be entitled to make a complaint to the Legal Ombudsman and/or to apply to the court for an assessment of the bill under Part III of the Solicitors Act 1974.  The address for the Legal Ombudsman is PO Box 6806, Wolverhampton WV1 9WJ.

5.         Our Charges

5.1        Unless otherwise agreed, our fees will be calculated principally on the basis of the time spent by us in providing the Services at the hourly rates assigned by us to the relevant lawyers and other staff for the Matter in question.  Our fees may, in accordance with our professional guidelines, take into account the nature, complexity, urgency or importance of the Matter and degree of specialist knowledge needed to carry out the Services. 

5.2        Our charging rates will be reviewed from time to time and any increases will be notified to you in advance of any change taking effect.

5.3        Particular considerations apply to contentious Matters.  We will send you additional information regarding these.

5.4        Where requested, we will try and provide estimates for the likely cost of an item of work to help you with budgeting.  However, estimates are not binding and do not represent an agreement to carry out that work for that estimated cost. Our fees may be lower or higher than the estimate given.  We will, upon request, keep you advised as to whether or not any estimate given is likely to be exceeded.

5.5        Where we agree to provide a written quotation, this will constitute an offer to carry out the work the subject of the quotation at that cost.  Such quotation shall not become a contract unless and until it is accepted by you in writing.  Further, unless otherwise expressly stated in the quotation, a quotation does not include any expenses or VAT.

5.6        Unless otherwise stated by us, quotations shall only be available for acceptance for a period of seven days from the date they are given.

5.7        Where we carry out Services which fall outside of an accepted quotation we may charge fees at our standard hourly rates or such other hourly rates as may have been agreed with you for the Matter in question in addition to the quoted fee.  In addition, we may charge additional fees on the same basis for work within the scope of such quotation which is made more time consuming, urgent or onerous as a result of (i) circumstances or information which we did not know or could not reasonably have known, anticipated or assumed at the time of the quotation or (ii) any delay, act or omission on your part or that of any agent acting on your behalf.

5.7        All fees, hourly rates, quotations and estimates are exclusive of value added tax and disbursements.

6.         Payments on Account and funds held on Client Account

6.1        We may ask you at the outset of a Matter or at any time and on more than one occasion as it progresses, to make payment to us on account of our anticipated fees, expenses and disbursements plus value added tax thereon.  Until we receive any sums requested in cleared funds we reserve the right not to start, or continue, work. Such amounts will be placed in a client account and provided we have sent the relevant invoice (which may be an interim invoice) to you, we may take any payment due to us from any money held on your behalf in our client account.  Unless otherwise agreed in writing or required by the Solicitors Regulation Authority, interest will not be payable to you on payments on account which are held by us.

6.2        Money paid on account which is not subsequently required for fees and expenses will be returned to you promptly.

6.3        If you do not pay any sum on account required by us within seven days of our demand (or such longer period as we may specify) we may suspend or terminate the provision of all or any Services (and instruct third parties engaged by us to suspend or terminate the provision of their services) and may invoice you for all accrued fees and expenses.

6.4        We are not obliged to credit payments on account against interim invoices but may do so if you fail to make prompt payment.

6.5        All funds transferred from our client account will be sent, after deduction of bank charges, in GB£ (pounds sterling) unless otherwise agreed in writing by us.  Where the funds are to be transferred in a foreign currency, they will be first exchanged into the foreign currency by our bankers at their prevailing exchange rate and then transferred to you less bank charges.  The exchange rate will be communicated to you after the date the transfer is made. 

6.6        We cannot guarantee any timeframe within which funds transferred from our bankers will reach the destination bank account.

7.         Disbursements

7.1        In addition to our fees, you will be charged for certain other disbursements which we incur or pay on your behalf.  These disbursements may include, but are not limited to, the following:  counsel's fees; trade mark and patent attorney fees; court fees; search fees; actual expenses away from our office on our clients' business; telephone calls and postage charges; photocopying charges; colour printing; facsimile charges; courier charges; and the cost of producing or reproducing any photographs, documents or other physical things necessary for the preparation or representation of your matter.  You must pay these expenses or reimburse us for them.   Any invoices rendered in respect of disbursements only are immediately due for payment upon presentation of the invoice.

7.2        We may request from time to time that you pay us money on account of any such disbursements to be incurred on your behalf. VAT will also be charged on these disbursements when applicable.

7.3        Where we enter into any foreign currency commitments on your behalf (such as paying foreign lawyers) or where foreign currency transactions take place in relation to matters we are acting on your behalf we are entitled to recover from you any bank charges and exchange rate losses we incur in handling the transaction.

8.         Invoicing and Payment

8.1        We may send you interim invoices, normally at monthly intervals, covering the period stated in the invoice, and on final completion of each Matter. 

8.2        Unless otherwise stated in the invoice, a monthly or interim invoice is a final account of our fees for the Services provided during the period to which the invoice relates.  However, it may not be possible for us to invoice all expenses incurred on your behalf pending receipt of supplier invoices and so invoices are not a final invoice in relation to expenses.

8.3        If any sum is payable or paid by any other party, we reserve the right to have that sum paid to us in satisfaction of any outstanding amounts (including interest) owed by you to us.

8.4        Notwithstanding someone else may have agreed to pay or be responsible for all or part of your legal fees and expenses incurred on a Matter, we will still invoice you for such fees and expenses and you will in any event remain responsible to us for their payment.

8.5        In the case of any bill for a contentious matter (other than one relating to a contentious matter where our fees have been fixed by agreement) you may apply to the Court for an assessment of our charges. Where the bill relates to a non-contentious matter you may also be entitled to apply to the Law Society for a certificate as to whether our fees are fair and reasonable.

9.         Payment Terms

9.1        All invoices must be paid within 30 days of the date of invoice, except for invoices rendered in respect of disbursements only which are the immediately due for payment upon presentation of the invoice.

9.2        All invoices are payable in GB£ (pounds sterling) without any deduction, withholding, set-off or counterclaim.  Where, by prior agreement, you transfer funds on account of our fees in a foreign currency, these foreign currency receipts will be converted into GB£ by our bankers at their prevailing rate and applied against our outstanding invoices.  You will remain liable to pay any shortfall arising by reason either of bank transfer charges of currency exchange fluctuations.

9.3        If a bill is not paid in full within 30 days of the date of invoice:

(i) we reserve the right to charge interest for late payment at the rate allowed under the Late Payment of Commercial Debts (Interest) Act 1998 from time to time;

(ii) we reserve the right to suspend or terminate the provision of all or any Services (and instruct any third parties engaged by us to do likewise);

(iii) you are deemed to have given your irrevocable consent to us being entitled to apply to the Court to come off the Court record as your legal representative in any legal proceedings we may be instructed on for you; and

(iv) we reserve the right without notice to apply any money held on your behalf in any bank account in or towards paying any sums owed by you. 

This is without prejudice to any other rights or remedies we may have.

10.       Client Identity Verification and Proceeds of Crime Act 2002

10.1      We may be required by law to obtain evidence of your identity and address (including that of your directors, shareholders and/or other connected entities) and other information relating to your business activity before we can accept instructions to act for you.  We shall write to you separately to obtain the necessary information.  We ask for your cooperation in assisting us to fulfil our statutory obligations because if we are unable to obtain the necessary verification we will not be able to act for you.

10.2      Further, to ensure compliance with the money laundering legislation it is our policy not to accept the settlement of fees or other transaction costs in cash. Further, we can only release funds from our client account to parties directly involved in the matters contemplated by any instruction.

10.3      You should also be aware that in relation to the Proceeds of Crime Act 2002, circumstances may arise where we are obliged to report to the appropriate authorities if we become aware that you have, or any other person has, or may have, benefited or otherwise been involved with the proceeds of "crime" (a term which has a wide definition for this purpose).  This obligation may override our duty of confidentiality to you and we may not be permitted to disclose to you the fact that we have made a report to the relevant authorities.

11.       Documents

11.1      Provided we are not at the relevant time exercising any lien as provided in paragraph 12 of these Terms of Business or we are otherwise prevented by court order or other legal restraint, we will, upon your request, release to you or to your order any Client Papers and Client Documents (excluding, for the sake of clarity, Redd Documents) held for you.  Before releasing such documents and papers, we may copy all or any of them.

11.2      Except for those Valuable Documents which we agree to hold in safe custody, we may at any time scan or otherwise make electronic copies or images of any Client Papers and Client Documents and then destroy the originals and hold such papers and documents in such copy or image form only.

11.3      Unless we have agreed otherwise in writing, we will keep all Client Papers, Client Documents and Redd Documents in either original copy or image form (as we may decide) for a period of six years, after which we may destroy them and any copies or images of them. If you wish us to keep any such documents and papers for a longer period we may, as a condition of agreeing to retain them for a longer period, charge a fee for arranging and maintaining storage. 

11.4      We reserve the right to make a charge for the cost of retrieving a file from storage at your request and our time in retrieving papers and other documents from the file.

11.5      We do not generally agree to store original signed contracts, deeds, certificates of title and other valuable documents (Valuable Documents) in safe custody.  You should make your own arrangements for safe storage of such original documents.

11.6      We do not accept responsibility for the loss, damage or theft of any item which we hold on your behalf unless we expressly agree in writing to the contrary.

12.       Lien

Without prejudice to any right available at law to retain money, Client Papers and Client Documents, we have the right in contract to retain your money, Client Papers, Client Documents and other property (whether held in relation to the Services for which payment has not been made or any other Services) until you have paid us in full.

13.       Intellectual Property

We retain copyright and all other intellectual property rights in all documents and other works we create in the provision of the Services including know-how.  We grant you a non-exclusive, non-transferable and non-sub-licensable licence to use such documents or other works solely for the Matter to which the Services of creating them relate and not otherwise. 

14.       Threats of Intellectual Property Infringement Proceedings

You will indemnify and keep us indemnified on demand against all actions, proceedings, claims, losses, costs, expenses, liabilities and damages (including but not limited to legal fees and settlement sums paid on counsel's advice) which may at any time be brought against or incurred by us (or any of our partners or employees) as a result of our having issued, on your instructions, threats of intellectual property infringement that are (or are alleged to be) groundless.

15.       Electronic Communications

Unless otherwise instructed not to, we may communicate with you by email.

16.       Data Protection

We have statutory obligations under the Data Protection Act 1998.  We, and any third parties which are engaged by us to process data on our behalf, will only hold, use and disclose information about you, your officers and employees to allow us to work with you and carry out your instructions.  This may involve transfer of personal data overseas in countries which do not have equivalent data protection laws. In addition we will place your name and details on our marketing database and may use such information to keep you informed about our firm, its services and activities as well as legal updates which may be of interest to you.  If you do not wish to receive client communications concerning legal updates, details of seminars or other legal services or otherwise object to being listed on any marketing database, then please notify us by writing to The Data Protection Officer, Redd Solicitors LLP, 22 Tudor Street, London EC4Y 0AY. 

17.       Joint Instructions

Where we accept instructions to provide Services on a Matter for more than one client jointly, the obligation of joint clients to pay money to us is joint and several.  In all other respects the rights and obligations of joint clients to us in relation to our Services are several.  We are authorised to communicate with, take and act on instructions given by any one joint client.

18.       Termination

18.1      Our agreement for the provision of Services in connection with a Matter will end on completion of the provision of such Services.

18.2      Where we have an open-ended engagement for the provision of Services, that agreement will end 180 days after the last date on which we provided Services to you.  If we subsequently accept instructions to advise on a new Matter after the end of any agreement, unless we have otherwise agreed other terms, such new agreement will be governed by these Terms of Business.

18.3      You may terminate all or any part of our Services on a Matter by giving us written notice at any time. 

18.4      We may terminate the provision of all or any of our Services by giving you written notice but only where we have good reason.  Good reasons include, for example: you do not pay an invoice in accordance with these Terms of Business or pay sums on account requested by us; you fail to provide us with information requested in order to comply with our client identity verification obligations; you fail to provide us with clear instructions or if you give us instructions which would conflict with our rules of professional conduct or which would cause us to break any law; the discovery of a conflict of interest, you are in administration, receivership or are otherwise subject to any other form of insolvency; the relationship of trust and confidence necessary between solicitor and client ceases to exist between us; we are prevented from acting by the National Crime Agency; or any other breach by you of these Terms of Business. 

18.5      Where our Services are terminated either by you or us, you will pay our fees, disbursements and expenses on the agreed basis (including those not yet billed) up to the time our agreement is terminated, together with any further fees and disbursements incurred in the transfer of our files to another law firm designated by you. 

19.       Liability and Limitations

PLEASE READ THIS PARAGRAPH 19 CAREFULLY AS IT CONTAINS IMPORTANT LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY TO YOU WHICH APPLY TO ALL SERVICES. 

PLEASE ALSO CONSIDER PARAGRAPH 19.13.

19.1      Notwithstanding any other provision of these Terms of Business, nothing shall exclude or limit our liability to you arising out of our fraud or from our negligence resulting in death or personal injury or where applicable law prohibits the exclusion of such liability.

19.2      Where we provide you with an assessment of the likely risk associated with different potential courses of action, you accept that such assessment is made relying only upon the information and documents which are then available to us and cannot be definitive.  You accept that such assessment should not form the sole basis of any commercial decision taken by you.  Further, the magnitude or acceptability of a risk is a commercial matter for you.

19.3      In providing Services to you we will be responsible to you and no-one else (and unless we agree in writing no other person will be entitled to use or rely on any advice given by us to you during the course of carrying out Services). So, for example, where our client is a limited company, our Services may not be used or relied on by any director, officer, employee or shareholder of such client company and such persons shall not acquire any rights or benefits therefrom. The provisions of the Contracts (Rights of Third Parties) Act 1999 are to the aforementioned extent excluded.

19.4      We will not be liable to you if we are unable to provide or are delayed in the provision of our Services to you as a result of any cause beyond our reasonable control.

19.5      Draft or provisional advice or documents may not be relied on as our final advice or documents.

19.6      Our Services are based on our interpretation of the law as it exists on the date when the relevant Service is provided.  We are not responsible for checking or notifying you of any change in the law or interpretation thereof (or the consequences on any advice previously delivered) after the Matter in question has concluded (or before then if we could not reasonably have known at that time).

19.7      Unless we otherwise agree otherwise in writing, time for delivery or performance by us of any Services shall not be of the essence.

19.8      LIMITATION OF LIABILITY  You agree that, to the maximum extent permitted by law, the maximum aggregate liability of Redd and of all Partners, consultants to and employees and agents of Redd and whether arising in breach of contract, negligence or other tort, breach of fiduciary duty or trust or otherwise (otherwise than for fraud or fraudulent misrepresentation) for loss or damage arising under or in connection with any Mistake is limited to such sum as we may agree with you in writing (which sum shall always be above the minimum required by the Solicitors Regulation Authority Indemnity Insurance Rules) or, if no such sum has been agreed, GB£5 million (five million pounds).  For these purposes, the aggregate limit above applies whether the Mistake affects just one Matter we undertake for you or more than one, provided it is the same or a similar Mistake. Furthermore, more than one Mistake on a Matter or transaction is considered as one Mistake.  You accept that this represents a reasonable limitation of liability.  You further acknowledge and accept that:

(a)        all of the Services provided by us or which we have undertaken to provide to you are or are to be provided by Redd alone and not by any individual Partner, employee, consultant or agent of Redd or any other person associated therewith;  and

(b)        any claim which you may have in connection with the Services we provide or ought to have provided to you and whether such claim is in contract, tort (including negligence), breach of trust, statutory or fiduciary duty or otherwise, may only be brought against Redd and not against any individual, Partner, member or designated member of our firm or any other individual.  You agree, therefore, that no member, designated member, employee or other individual of or associated with our firm has accepted, or will accept, any duty of care towards you in their individual capacity and that at all time any such person is acting for and on behalf of Redd and in no other capacity.

19.9      We shall not be liable:

(a)        for any advice, document, agreement or transaction subject to the laws of a jurisdiction outside of England and Wales;

(b)        for any advice, view or opinion given by a third party, even if we have recommended them; or

(c)        to the extent that our Mistake results from or our liability is increased by the act, omission, negligence or dishonesty of any person other than Redd or its personnel.

19.10    If others are also responsible for your loss, our liability is limited to that proportion of the loss which is found to be fairly and reasonably due to our fault, whether or not you are able to recover the remainder from the others.  We shall not be liable to pay you the proportion which is due to the fault of another person.

19.11    Where you have a number of advisers (including us) advising you on a Matter, there is a risk that we will be prejudiced by any limitation or exclusion of liability which you agree with any of your other advisers.  This is because such limitation or exclusion of liability might also operate to limit the amount which we could recover from that other adviser by way of contribution if we were required to pay you more than our proper share of the liability.  Therefore, you agree that we will not be liable to you for any sum which we would have been able to recover form that other adviser by way of indemnity, contribution or otherwise but are unable to recover because you agreed, or are treated as having agreed, with them any limitation or exclusion of liability to you.

19.12    We have worldwide professional liability insurance.  If you require further details regarding our professional liability insurance please email info@redd.eu.

19.13    We believe the limitations and exclusions of our liability set out in this Paragraph 19 are reasonable having regard, among other things, to the availability and cost of professional indemnity insurance and the potential liability to you if we make a Mistake.  However, we are always happy to discuss the limitation of our liability with you.  Should you consider the limit insufficient for your purposes please raise this with us and we will consider whether we are able to provide you with a higher limit at an additional cost.

20.       Communications

20.1      Unless we have agreed otherwise in writing, we are not obliged to encrypt or protect by way of password or other security device any email or attachment sent out by us.

20.2      We are not liable for any loss, damage, cost or expense arising from the unauthorised interception, copying, reading or distribution of any emails or attachments.

20.3      Whilst we use commercially available virus scanning software, we shall not be liable for any loss, damage, cost or expense suffered or incurred as a result of any viruses or other contaminants contained in any email or email attachment sent by us.

21.        Assignment

We may assign the benefit of these Terms of Business to any successor to our business (including as a result of any merger with another firm) and you agree to accept the performance of all Services by our assignee in substitution for performance by us, without prejudice to your right to terminate our engagement under these Terms of Business.

22.       FSA Authorisations

We are not authorised by the Financial Services Authority ("FSA").  However, we are included on the register maintained by the FSA so that we may carry on insurance mediation 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 Law Society.  The register can be accessed via the FSA website at http://www.fsa.gov.uk/register.

23.       Severability

Each provision of these Terms of Business shall be severable and distinct from each other provision.  The illegality, unenforceability or invalidity of any provision or any part thereof shall not affect any remaining provisions.

24.       Governing Law and Jurisdiction

These Terms of Business and any dispute or claim arising out of or in connection with these Terms of Business or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, English law and, subject to paragraph 25.2 and our right under paragraph 25.4, we both agree to submit to the exclusive jurisdiction of the Courts of England and Wales, provided that we shall retain the right to commence proceedings against you in any other court.

25.       Dispute Resolution

25.1      All claims, complaints and disputes arising out of or in connection with the Services (including their non-performance) (each a Dispute) must initially be referred to the Matter Partner for resolution.  In the event the Matter Partner is unable to resolve the Dispute to the satisfaction of both parties, the Dispute will be dealt with in accordance with our Complaints Procedure a copy of which will be provided to you upon request.

25.2      If the Dispute has not been resolved internally in the manner provided in paragraph 25.1 we shall both endeavour to settle the matter amicably by mediation using a sole mediator agreed between us or in  default of agreement appointed by the Centre for Effective Dispute Resolution (CEDR).

25.3      In addition, you may be entitled to refer any matter concerning our Services to any complaints service offered by our regulatory body, further details of which will be made available to you upon request.

25.4      We reserve the right, in our absolute discretion, to refer any Dispute to arbitration in London under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this Paragraph 25.4. The arbitration shall be conducted by a sole arbitrator.  All arbitration proceedings shall be conducted in English.