1. Legal information
1.1 Kingsley Napley LLP is a limited liability partnership incorporated in England and Wales under Companies House registration number OC343278.
1.2 Its registered office address and principal place of business is Knights Quarter, 14 St John’s Lane, London, EC1M 4AJ, United Kingdom.
1.3 The members of Kingsley Napley LLP (who we call partners) are either solicitors qualified to practise in England and Wales or barristers called to the Bar in England and Wales. A list of partners’ names and legal qualifications can be viewed on this website, inspected at the registered office or supplied on request.
2. Regulation of legal services
2.1 The Law Society of England and Wales represents solicitors in England and Wales. The Solicitors Regulation Authority is the independent regulatory arm of The Law Society. The Legal Ombudsman is an independent body which adjudicates upon complaints which a law firm’s own complaints handling procedure cannot resolve.
2.2 Kingsley Napley LLP is authorised and regulated by the Solicitors Regulation Authority under SRA number 500046. The SRA Handbook contains the rules of professional conduct which apply to solicitors. The SRA Handbook can be viewed on the website of the Solicitors Regulation Authority (www.sra.org.uk).
3. Regulation of financial services
3.1 The provision of our legal services may involve regulated activities relating to investments within the meaning of the Financial Services and Markets Act 2000. Kingsley Napley LLP is not authorised by the Financial Conduct Authority, but we are able in certain circumstances to offer a limited range of financial services to clients if they are an incidental part of a legal service we have been engaged to provide, because we are authorised and regulated by the Solicitors Regulation Authority.
3.2 Kingsley Napley LLP is included on the register of insurance intermediaries maintained by the Financial Conduct 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 is also regulated by the Solicitors Regulation Authority. The register of insurance intermediaries can be viewed on the website of the Financial Conduct Authority (www.fca.gov.uk).
3.3 The internal and external complaints handling procedures mentioned in paragraph 8 below apply to complaints that arise from financial services we have provided.
4. Client engagement
4.1 No client-lawyer relationship is created by your use of this website. The only way to become a client of Kingsley Napley LLP is through a mutual agreement in writing after we have completed our standard new client take on procedures. Our take on procedures include conflict of interest and identification checks required by law and regulation. If you are interested in becoming a client of the firm, please contact us so that we can determine whether your matter is one with which we can assist you.
4.2 No responsibility is assumed and no liability is accepted for information supplied or services rendered to someone who is not a client of the firm (including someone using this website) unless in writing we have expressly agreed otherwise. Please do not provide us with confidential, sensitive or legally privileged information before we have carried out a conflict check unless we ask you to do so. If you provide information to us on a unsolicited basis and it is relevant to the matter of a current client we may be required to disclose it to the current client.
4.3 Advice is given and services are provided to clients on the basis of the relevant engagement letter and the firm’s terms of business. By instructing the firm clients confirm their agreement to the firm’s engagement letter and terms of business.
5. Money laundering obligations
5.1 The United Kingdom’s anti-money laundering and anti-terrorist financing legislation and related rules issued by The Law Society and the Solicitors Regulation Authority require us to conduct due diligence on all new clients and on-going monitoring of all existing clients.
5.2 We are required to verify and document the identity and address of every client of the firm (including the beneficial owner or effective controller of a company or trust and anyone purporting to act on behalf of a client). Sometimes we are able to verify and document the identity of a client through publicly available electronic data sources. If this is not possible, we will ask the client to provide us with the necessary information and documents. Periodically, or if their circumstances change, we may ask a client to provide us with 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.
5.3 We are also required to identify the source of all monies that will be paid to or controlled by the firm. We cannot accept funds unless the source has previously been disclosed to us and identified to our satisfaction. If payment is made to us in breach of this legal requirement, the funds may be frozen until their source and provenance has been established.
5.4 The legislation which governs money laundering and the financing of terrorism has placed all professional advisers, including lawyers, under a legal duty in certain circumstances to disclose information to the National 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 the National Crime Agency. 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 incur by reason of such disclosure.
6. Bribery, corruption and tax evasion policy
6.1 We always try to conduct our own business and our clients’ matters in compliance with applicable laws and regulations and to the highest ethical standards. We will never knowingly commit, or advise or assist a client or someone acting on behalf of a client to commit, an illegal act, including, without limitation, bribery, corruption or tax evasion.
6.2 We operate policies and procedures which comply with the United Kingdom’s anti-bribery and corruption laws and anti-tax evasion laws. They apply to all firm members and to anyone else who is working for or on behalf of the firm. We expect our own suppliers and the other professional advisers with whom we work from time to time to have similar policies and procedures in place.
6.3 Our policies prohibit the criminal facilitation of tax evasion. They also 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. The prohibition extends not only to financial rewards, but also to gifts, donations and services, and to entertainment of an unusual or excessive nature. Dealings with foreign government officials and other politically exposed people are subject to particular rules.
7. Warning about frauds, scams and cybercrime
7.1 Frauds, scams and cyber-crime are on the increase. Always be on the look-out for such criminal conduct to ensure that you do not become a victim. If in doubt, do not proceed, or if you decide to investigate the matter further, proceed with extreme caution. Always verify the identity and true intentions of anyone that contacts you on an unsolicited basis. Remember also that a fraudster might be trying to impersonate someone you know. Never hand over any money or any personal or financial information unless you are sure you know who you are dealing with and their true intentions. If something sounds too good to be true, usually it is not true.
7.2 You should be alive to the possibility that a fraudster might for criminal purposes deliberately misrepresent himself or herself as a member of, or as someone acting on behalf of or working with, this firm. Such scams normally originate by email. Often such an email will either promise the recipient a share of a large sum of money in return for paying a modest sum up front (an advance fee fraud) or request personal or financial information about the recipient or the recipient’s bank account allegedly in order that money can be paid to them (an identity theft fraud). In an attempt to give legitimacy or respectability to the scam, sometimes the email will direct the recipient to a false website that intentionally replicates the look of a legitimate website (a cloned website) or without their knowledge or permission use the name of a legitimate organisation or person (including that of a law firm or lawyer).
7.3 As has also happened to many other law firms, we are aware (and we have informed the Solicitors Regulation Authority) that the website of this firm has on occasions been cloned by persons unknown using web hosting companies located abroad for what we believe were criminal purposes, and also that from time to time scam emails have been in circulation which purport to come from this firm or a firm member or from a bogus firm or bogus lawyer with a name which is similar to but not identical to the name of this firm or a firm member. Such scam emails often inform the recipient that lottery winners wish to gift money to them, that they are a beneficiary of the estate of a deceased person or that they are the beneficiary of a recently discovered life insurance policy. Such emails are invariably fraudulent and should not be replied to or acted upon unless or until their provenance has been established. If you receive an unsolicited and poorly worded email from someone you do not know who is using a free email service and an unusual email address and which contains information or an offer which appears too good to be true, it very likely is not true.
7.4 We only practice under the firm name ‘Kingsley Napley LLP’. If you receive an email or other communication purporting to come from or mentioning a firm which has a similar but not identical name to us, it will not have come from us and will be nothing to do with us. If you receive an email or other communication purporting to come from Kingsley Napley LLP or someone holding themselves out as being a member or agent of Kingsley Napley LLP, or if you are directed to a website which purports to be Kingsley Napley LLP’s website, and you have doubts or concerns about the provenance of the email, other communication or website, before taking any action please either contact the firm member you normally deal with or email the General Counsel (firstname.lastname@example.org) and they will tell you whether the email or other communication came from us or whether it is our website.
7.5 The website of the Solicitors Regulation Authority contains a ‘Scam Alert’ database which provides members of the public with information about known scams in which the identity of a legitimate law firm or a legitimate lawyer has been used by persons unknown for what are assumed to be criminal purposes (www.sra.org.uk).
8. Complaints handling procedure
8.1 We always try to provide our clients with a quality service in a friendly manner applying the highest standards of professionalism and ethics. A client who is unhappy with any aspect of the service we have provided is entitled to complain. We aim to investigate complaints fairly and to respond as quickly as circumstances allow.
8.2 If at any time a client is unhappy with any aspect of the service we have provided, or if they wish to discuss an invoice we have delivered, they should contact the responsible partner in the first instance. If the responsible partner is unable to resolve the matter to their satisfaction, or if they would prefer to speak to someone else about the matter, they should contact the relevant practice area leader. If the practice area leader cannot resolve the matter, they should contact the firm’s Complaints Partner. The name of the responsible partner will appear in the relevant engagement letter, and an inquiry of our switchboard or website will provide the names of the relevant practice area leader and of the Complaints Partner.
8.3 If after our own complaints handling procedure has run its course a client is still not satisfied with our response to their complaint or with our handling of the complaint, they can ask the Legal Ombudsman to consider the matter. His remit and procedures are described on his website (www.legalombudsman.org.uk). He will only consider complaints submitted by individuals, micro-enterprises and small trusts, charities or associations. Normally a complaint must be notified to him within six months of the client receiving a final written response from the firm about it, or within six years of the date of the act or omission complained about (or if outside of this period, within three years of when the client should reasonably have been aware of it). The Legal Ombudsman can be contacted in writing (PO Box 6806, Wolverhampton WV1 9WJ), by email (email@example.com) or by telephone (0300 555 0333).
8.4 If a complaint relates to an invoice we have delivered, the client may also be entitled to apply to the court for an assessment of the invoice under Part III of the Solicitors Act 1974. If a client wishes our charges to be reviewed by the court they must apply to the court within one month of the date the invoice was delivered to them. 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 that is submitted to the Legal Ombudsman or by any application made to the court for assessment of the invoice.
9. Professional indemnity insurance
9.1 Kingsley Napley LLP maintains professional indemnity insurance in an amount which exceeds the minimum level of cover required by the Solicitors Regulation Authority. The policy covers professional services which the firm provides in the United Kingdom and worldwide and it extends to acts or omissions arising out of such services wherever they occur.
9.2 Details of the firm’s primary layer of compulsory professional indemnity insurance cover from an SRA approved insurer, including the name of the insurer and the policy number, will be supplied to clients on request.
10. Electronic communications
10.1 Electronic communication carries with it certain risks. Such communications might not be secure, might be intercepted, might carry viruses, might distort during transmission or might arrive late or not at all. Unless in writing we inform you otherwise, email we send to you will not be encrypted.
10.2 By using email or fax to communicate with us you consent to us communicating with you in the same manner. Unless in writing you expressly prohibit electronic communication, we may use email and/or fax to communicate with you and others involved in your matter.
10.3 Anyone who communicates with us electronically or who does not expressly prohibit such communication will be assumed to accept the associated risks. 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.
10.4 We use anti-virus software, which is updated regularly, but we accept no liability for viruses. We expect you to use, and to rely on, your own anti-virus software. 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.
10.5 We monitor electronic communications (including email) in order to protect our business and our clients and to ensure that our legal and regulatory obligations and our internal policies and procedures are being complied with.
11. Data protection notice
11.1 Kingsley Napley LLP is registered with the United Kingdom’s Information Commissioner as a controller of personal data under the Data Protection Act 1998 under ICO registration number Z5563277.
11.2 Any personal data you provide to us 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 following purposes: (1) for the purpose or purposes specified in the relevant part of the website that you used to submit the information to us; (2) to enable us to supply you with any information or assistance that you have requested; (3) to enable us to provide you with information about us, our services and our events; and (4) for any other purpose for which you give your consent.
11.3 If at any time you wish to have your name removed from our database, or wish to contact us in relation to any other matter concerning the processing of your personal data, please email our Data Protection Officer (DPO@kingsleynapley.co.uk)
12.1 When you access this website, your computer’s browser provides us with certain electronic information (such as your IP address, browser type and access time).
12.2 The website collects this information to provide you with a good user experience. We also use this information to help us improve the website and to compile statistical data on its use.
12.3 Further information about ‘cookies’ and how we use them is available on this website in the ‘Cookies Policy’.
13.1 Information about this website:
This website is owned and operated by Kingsley Napley LLP, which is an English law firm authorised and regulated by the Solicitors Regulation Authority.
13.2 Application and amendment of these website terms:
13.3 Exclusions of liability:
Whilst we believe, and have taken reasonable measures to ensure, that this website is free of viruses, use of the website is at your own risk. 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 and the publications on it is accurate and complete, the information on this website and in those publications is for information only and does not constitute legal or professional advice. All liability for loss or damage arising from reliance on such information is excluded to the extent permitted by law.
13.4 Intellectual property rights:
Copyright in (and any other intellectual property rights that attach to) the content of this website or the publications on it (including, without limitation, the ‘Kingsley Napley LLP’, ‘Kingsley Napley’ and ‘KN’ marks, logos and branding) is owned by Kingsley Napley LLP. You may download and temporarily store pages from this website for the sole purpose of viewing them. You may print any publication on this website so long as it is a complete copy, no amendment is made to it and it is only for personal use or use within your own organisation. None of the content of this website or the publications on it, whether or not permission is granted for downloading, printing or circulation, may be used for the purpose of commercial exploitation. Any other copying, transmission, distribution or storage of such content is prohibited without Kingsley Napley LLP’s prior written consent.
The publications on this website provide general information only. They must not be relied on as legal or professional advice. They might not contain exhaustive statements of the law, might not be up to date and the information they contain might not be appropriate for your matter or circumstances. Users located abroad should also be aware that laws and regulations may be different outside England and Wales. Before you act or omit to act, you should take specific legal advice on any particular matter that concerns you. If you require legal advice, please contact us.
13.6 Electronic links:
Electronic links to this website are prohibited without the prior 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.
13.7 Governing law:
All issues relating to this website, the content of this website and the content of any publication published on this website are governed by English law. Unless Kingsley Napley LLP elects otherwise, any dispute relating to such matters shall be subject to the exclusive jurisdiction of the English courts.
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.
If you experience any technical or other issues with this website, please email the Marketing Director (firstname.lastname@example.org).
Kingsley Napley LLP
1 September 2017
Kingsley Napley LLP is authorised and regulated by the Solicitors Regulation Authority
Knights Quarter, 14 St John's Lane, London, EC1M 4AJ, United Kingdom
Telephone: +44 (0)20 7814 1200 Fax: +44 (0)20 7490 2288
Date of publication: 1 September 2017