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LEGAL NOTICE
1. Legal information
2. Regulatory information
3. Insurance information
4. Privacy and data protection
5. Electronic communications
6. Anti-money laundering procedures
7. Bribery and corruption
8. Frauds and scams
9. Client complaints handling procedure
10. Terms of use of this website
1. Legal information
1.1 Kingsley Napley LLP is a limited liability partnership incorporated in England and Wales under the Limited Liability Partnerships Act 2000 with registered number OC343278. The address of its registered office appears at the foot of this notice.
1.2 Because the business of the firm was previously carried on through a general partnership, the members of Kingsley Napley LLP are referred to as partners. All partners are solicitors, qualified to practise in England and Wales. A list of the names of the partners can be inspected at the registered office or viewed on this website.
2. Regulatory information
2.1 The Law Society represents solicitors in England and Wales. The Law Society is also a designated professional body for the purpose of the Financial Services and Markets Act 2000. The Solicitors Regulation Authority is the independent regulatory arm of The Law Society. The Legal Ombudsman is an independent body set up to adjudicate upon complaints which cannot be resolved within a firm’s complaints handling procedure.
2.2 Kingsley Napley LLP is authorised and regulated by the Solicitors Regulation Authority. The SRA Handbook (which contains the rules of professional conduct which apply to solicitors including the SRA Code of Conduct and SRA Accounts Rules) can be viewed on the website of the Solicitors Regulation Authority (www.sra.org.uk).
2.3 The provision of our legal services may involve regulated activities relating to investments within the meaning of the Financial Services and Markets Act 2000. We are not authorised by the Financial Services Authority, but we are able in certain circumstances to offer a limited range of investment services to clients if they are an incidental part of the legal services we are engaged to provide because we are a regulated by the Solicitors Regulation Authority, which has complaints and redress procedures.
2.4 We are included on the register of insurance intermediaries maintained by the Financial Services Authority. This allows us to carry on regulated activities relating to ‘insurance mediation’, which covers advising on, selling and administering insurance contracts. This part of our business, including arrangements for complaints and redress if something goes wrong, is also regulated by the Solicitors Regulation Authority. The register of insurance intermediaries can be viewed on the website of the Financial Services Authority (www.fsa.gov.uk).
3. Insurance information
3.1 Kingsley Napley LLP maintains professional indemnity insurance as required by the SRA Indemnity Rules. The insurance covers the professional services provided by the firm worldwide. The lead insurer is Chartis Insurance UK Limited of The Chartis Building, 58 Fenchurch Street, London EC3M 4AB.
4. Privacy and data protection
4.1 We do not use ‘cookies’ on this website. When you access this website, your computer’s browser provides us with electronic information such as your IP address, browser type and access time. This information is collected and used to compile statistical data on the use of the website. We use this information to help us improve the website and the services we offer.
4.2 Kingsley Napley LLP is registered with the United Kingdom’s Information Commissioner as a controller of personal data under the Data Protection Act 1998. Any personal data collected during your use of this website will be processed in accordance with current United Kingdom data protection laws and for one or more of the purposes described in paragraph 4.3 below.
4.3 Personal data submitted on this website will be used: for the purpose specified in the relevant part of the website; to enable us to supply you with information or assistance that you request; to enable us to provide you with information about us, our services and our events; and for any other purpose for which you give your consent. If at any time you wish to have your name removed from our database, please email: aburdick@kingsleynapley.co.uk.
5. Electronic communications
5.1 Electronic communication carries with it certain risks. Email may not be secure, be intercepted, carry viruses, distort during transmission and arrive late or not at all. Unless in writing we inform you otherwise, email we send is not encrypted. Fax may distort during transmission or be read by someone other than the intended recipient.
5.2 Unless in writing you expressly prohibit communication by email or fax, we may use email and/or fax to communicate with you and others involved in your matter. Anyone who does not expressly prohibit communication by email or fax or who communicates with us by email or fax accepts the associated risks.
5.3 In particular, we accept no liability for any inadvertent breach of confidence or privilege, or for any loss or damage that occurs, as a result communication by email or fax. We operate anti-virus software, which is updated regularly, but we also accept no liability for viruses. You should rely on your own anti-virus software, and we recommend that you scan all emails and any attachments for viruses before opening them. We also advise you to confirm any advice received by email before acting on it.
5.4 We monitor electronic communications to protect our business, members of the firm and clients and to ensure that our legal and regulatory obligations and our internal policies and procedures are being complied with.
6. Anti-money laundering procedures
6.1 The United Kingdom’s anti-money laundering legislation and related regulations issued by The Law Society and Solicitors Regulation Authority require us to take steps to verify and document: (1) the identity and address of all clients of the firm (including the beneficial owner or effective controller of a company or trust); and (2) the source of monies paid to the firm. Sometimes we are able to verify and document the identity of a client through electronic data sources. If this is not possible, we will ask the client to provide us with the identification documents we are required to obtain. From time to time, or if their circumstances change, we may ask a client to provide up to date evidence of identity. If we are unable to obtain satisfactory evidence of identity, we will not be able to act or continue acting. We cannot accept funds from any source unless the source has previously been identified to our satisfaction. If payment is made in breach of this provision, normally the funds will be frozen until their source and provenance has been established.
6.2 The legislation governing money laundering and the financing of terrorism has placed professional advisers (including lawyers) under a legal duty in certain circumstances to disclose information to the Serious Organised Crime Agency. Where a lawyer knows or suspects that a transaction involves money laundering or the financing of terrorists, he or she may be required to report their knowledge or suspicion to SOCA. If this happens, we will not be able to inform you that a disclosure has been made or of the reason for it, for legal reasons. We accept no liability for any loss, damage, costs or expenses that you might incur by reason of such disclosure.
7. Bribery and corruption
7.1 Kingsley Napley LLP tries always to conduct its business in compliance with applicable laws and regulations and to the highest ethical standards. It will never knowingly commit, or advise or assist a client or someone acting on behalf of a client to commit, an illegal act, including bribery or another form of corruption.
7.2 We operate policies and procedures which comply with the United Kingdom’s anti-bribery and anti-corruption laws. They apply to all members of the Firm and to anyone working on behalf of the firm. Anyone who provides services to the firm is expected to have similar policies and procedures in place.
7.3 The firm’s anti-bribery and anti-corruption policies prohibit, either directly or via a third party, the offering, promising or giving of anything of value for an improper purpose or to gain a business advantage. Dealings with foreign governments and foreign government officials are subject to particular rules. The prohibition extends not only to financial rewards, but also to gifts, donations and services. Entertainment of an unusual or excessive nature is also caught.
8. Frauds and scams
8.1 Cyber crime is on the increase. You should be alive to the possibility that a criminal might deliberately misrepresent himself or herself as a member of, or as someone acting on behalf of or working with, Kingsley Napley LLP, in order to carry out a fraud. Such scams normally originate by email. Often it will either promise the recipient a share of a large sum of money in return for paying a modest sum up front or request information about the recipient’s bank account in order that money can be paid to them. Sometimes the email will direct the recipient to a false website that intentionally replicates the look of a legitimate website.
8.2 If you receive an email purporting to come from Kingsley Napley LLP, or if you are directed to a website that purports to be Kingsley Napley’s LLP’s website, and you have any doubts at all about the provenance of the email or website, please either email aburdick@kingsleynapley.co.uk or contact us by telephone on +44 (0)20 7814 1200 before you take any action and we will tell you whether the email came from us or whether it is our website.
9. Client complaints handling procedure
9.1 Our aim is always to provide a quality service in a friendly manner applying the highest standards of professionalism and ethics. If at any time you are unhappy with any aspect of the service we have provided or if you wish to discuss any invoice we have delivered, please in the first instance contact the responsible partner. If he or she is unable to resolve the matter to your satisfaction, or if you would prefer to speak to someone else, please contact the practice area leader. If the practice area leader cannot resolve the problem, please contact the senior partner, who is the firm’s complaints officer. The name of the responsible partner will appear in the relevant engagement letter and an inquiry of our switchboard or website will reveal the names of the practice area leader and senior partner.
9.2 If after our own complaints handling procedure has run its course you are still not satisfied with our response to your complaint or with our handling of the complaint, you may ask the Legal Ombudsman to consider the matter. The Legal Ombudsman is an independent body set up to handle complaints against all lawyers which cannot be resolved through the lawyer’s own complaints handling procedure. Information about the role, remit and procedures of the Legal Ombudsman can viewed on the website of the Legal Ombudsman (www.legalombudsman.org.uk). The Legal Ombudsman can be contacted by post (PO Box 15870, Birmingham B30 9EB), email (enquiries@legalombudsman.org.uk) or telephone (0300 555 0333). Normally a complaint must be notified to the Legal Ombudsman within six months of receiving a final written response from us about the complaint.
9.3 If a complaint relates to an invoice we have delivered, you may also be entitled to apply to the court for an assessment of the invoice under Part III of the Solicitors Act 1974. If you wish our charges to be reviewed by the court you must apply to the court within one month of the date the invoice was delivered to you. If the invoice has been paid, more than twelve months has elapsed or a judgment has been obtained in respect of the costs covered by the invoice, the court will not order the invoice to be assessed unless special circumstances apply. If the court makes an order in such circumstances, it may attach conditions to the order in respect of the costs of the assessment. Our entitlement to charge interest in respect of an unpaid invoice may not be affected by any complaint you make to the Legal Ombudsman or any application you make to the court for assessment of the invoice.
10. Terms of use of this website
10.1 Application and amendment
Use of this website is subject to the terms and conditions set out below. The terms of use are to be construed, and may be relied on and enforced, independently of each other. We may alter the terms of use at any time by publishing new terms on this website, following which all use of the website will be governed by the new terms. You are expected to check this page from time to time to take notice of any changes we make, as they will be legally binding on you.
10.2 Exclusions of liability
Whilst we believe and have taken reasonable efforts to ensure that this website is free of viruses, because of the nature of the medium all liability for loss or damage arising from your use of this website is excluded to the extent permitted by law. Whilst we have taken reasonable care to ensure that the content of this website is accurate and complete, the information on this website does not constitute legal or professional advice and all liability for loss or damage arising from reliance on it is also excluded to the extent permitted by law.
10.3 Intellectual property rights
Copyright in, and any other intellectual property rights that attach to, the content of and the publications on this website (including the Kingsley Napley LLP and Kingsley Napley marks, logos and branding) is owned by Kingsley Napley LLP. You may download and temporarily store one or more pages of this website for the sole purpose of viewing them. You may also print any publication on this website so long as each copy is a complete copy, no amendment is made to it and it is only for personal use or use within your organisation. None of the content of or publications on this website, whether or not permission is granted for downloading, printing or circulation, may be used for the purpose of commercial exploitation. Any other storage, copying, transmission or distribution of the content of or publications on this website is prohibited without the prior written consent of Kingsley Napley LLP.
10.4 Publications
The publications on this website provide general information only. They must not be relied on as legal or professional advice. Publications may not contain exhaustive statements of the law, may not be up to date and the information they contain may not be appropriate for your matter or circumstances. Users based abroad should also be aware that laws and regulations may be different outside England and Wales. You should take specific legal advice on any particular matter that concerns you before you act or omit to act. If you require legal advice, please contact us.
10.5 Electronic links
Electronic links to this website are prohibited without the written consent of Kingsley Napley LLP. Any links to other websites provided by this website have been included for convenience only. Such links do not imply endorsement by Kingsley Napley LLP of the linked website, its provider or its content. We accept no liability for the content of, or for any loss or damage caused by access to, use of, reliance on or software downloaded from, any linked website.
10.6 Governing law
This Legal Notice and all issues relating to this website and its content are governed by English law. Unless Kingsley Napley LLP elects otherwise, any dispute relating to this Legal Notice or to this website or its content shall be subject to the exclusive jurisdiction of the English courts.
10.7 Accessibility
We are committed to promoting equality of opportunity and respect for diversity in employment, in our dealings with clients and others and in the way in which we deliver our services. This website is designed to be accessible to as many users as possible by meeting or exceeding the requirements of current United Kingdom accessibility legislation and internationally accepted guidelines. The ‘accessibility’ link contains further information about accessibility issues.
10.8 Assistance
If you experience any technical or other issues with this website, please email: aburdick@kingsleynapley.co.uk
Kingsley Napley LLP
9 December 2011
Knights Quarter, 14 St John’s Lane, London EC1M 4AJ, United Kingdom
T: +44 (0)20 7814 1200 F: +44 (0)20 7490 2288
Authorised and regulated by the Solicitors Regulation Authority