Equinox Law Standard Terms and Conditions


CONDITIONAL FEE AGREEMENT

  1. DEFINITION OF WORDS IN THIS AGREEMENT
    1. Appeal – a claim made in a higher Tribunal and/or Court for the review of the decision made by a lower Tribunal and/or Court.
    2. Award – The payment/compensation made by the Tribunal and/or Courts.
    3. Case – the issue which is in dispute and includes matters which may not be before the Employment Tribunal or Courts
    4. Claim – the basis of the complaint which the Client brings before an Employment Tribunal or a Court.
    5. Contract – a legal agreement between two or more people, which binds them.
    6. Counterclaim – a claim made against you as a result of your claim in this case.
    7. Conditional Fee – Fees payable in the event of a particular condition or particular conditions occurring.
    8. Disbursements – expenses
    9. Fees – Equinox Law charges.
    10. Liability – legal responsibility on a particular individual.
    11. VAT – Value added tax. A tax which is charged by the state for some services. The charge is made by the provider of the service (in this case Equinox Law) and paid to the state.
  2. SCOPE OF THIS AGREEMENT
    1. This Agreement is an agreement to defer the payment of the client’s legal fees to Equinox Law until the conditions set out in the Agreement arise.
    2. The matter for which Equinox Law represent the Client is in the Client’s Employment Tribunal claim against his/her opponent.
    3. This Agreement does not cover any counterclaim made against the Client.
    4. This Agreement does not cover any appeal the Client may make or an appeal made by another against the Client.
    5. This Agreement does not cover any liability to pay costs made against the client.
  3. PAYMENT TO EQUINOX LAW
    1. On entering into this Agreement the Client will be charged an administration fee by Equinox Law (plus VAT).
    2. The administration fee is not refundable.
    3. If the Client is successful in his/her claim against his/her opponent, the Client will pay Equinox Law a percentage of the award made to him/her or the amount of money paid to him/her in settlement of the claim (plus VAT).
    4. In addition the Client will pay any disbursements in his/her case.
    5. If Equinox Law incurs such disbursements on the Client’s behalf, including barrister’s fees (where a barrister is instructed) to represent the Client; or the costs of medical reports (if required), the Client will reimburse Equinox Law.
    6. Equinox Law fees for advocacy, are separate from the fees relating to the preparation of the case and are charged per day.
    7. Except for the conditions at paragraphs 3.1, 3.4 and 3.6 and 4, if the Client is unsuccessful in her claim, the Client will not be liable to pay Equinox Law’s fees.
    8. Payments to be made to the Client as a result of commencing the case are to be made into Equinox Law Account.
    9. In the event the Client receives such payment directly into their bank account, the Client will make available to Equinox Law immediately all sums owed in respect of Equinox Law fees and any disbursements in the Client’s case.
  4. CONCLUSION OF CASE WITHOUT AN AWARD
    1. If the Client decides to withdraw his claim or Equinox Law withdraw representation in the circumstances set out below, without an award being made to the client, the Client will be liable for Equinox Law’s total hourly fees to the date when work for the Client ceased. Such a situation will arise if:
      1. the Client decides not to proceed with his Claim, before it is concluded.
      2. the Client is reinstated or re-engaged to his employment prior to a conclusion in which you are awarded compensation.
    2. For the avoidance of doubt Equinox Law may at any time cease to represent the Client and seek payment of the fees to date, in the event of any of the situations outlined below if:
      1. the Client acts improperly or it becomes clear to Equinox Law that the claim is unlikely to succeed.
      2. if Equinox Law become aware that the Client is misleading the Tribunal or Courts.
      3. if Equinox Law advise the client to withdraw or amend his Claim and the Client fails to follow the advice and/or;
      4. if there is a breakdown in the relationship between client and representative.
  5. EQUINOX LAW RESPONSIBILITIES TO CLIENT

    Equinox Law will:

    1. always act in the Client’s best interest in pursuing his/her Claim and seek to obtain the best results for him, subject to the duty Equinox Law has to the Tribunal or Courts.
    2. inform the Client of any disbursements above £50 which Equinox Law may have to incur on the Client’s behalf and will obtain the Client’s approval of such costs before such disbursements are incurred.
    3. explain to the Client the risks and benefits of Employment Tribunal proceedings.
    4. give the Client the best advice about if, and when, to settle his/her claim.
  6. THE CLIENT’S RESPONSIBILITIES TO EQUINOX LAW

    The Client undertakes to:

    1. give Equinox Law precise and truthful instructions, which will make it possible for Equinox Law to give him/her accurate advice.
    2. not ask Equinox Law to break rules or conduct our work in an improper manner in recognition of the fact that Equinox Law has duties and responsibilities to professional bodies.
    3. attend appointments arranged for him/her, and hearings in his/her case.
    4. take the advice given by Equinox Law, and carefully consider the options given to him/her by Equinox Law. In the event the Client seeks clarification about the advice or actions of Equinox Law, the Client will take independent advice at his/her own costs if you seek.
  7. HEADINGS
    1. The headings in this agreement are inserted for convenience only and will not affect the meaning of the content.
  8. ENTIRE AGREEMENT
    1. Each party acknowledges and agrees with the other party to this Agreement that this Agreement constitutes the entire Agreement and understanding between the Client and the Equinox Law.
  9. VARIATION
    1. No variation of this Agreement will be valid unless it is in writing and signed by or on behalf of each party.
  10. THIRD PARTY RIGHTS
    1. The Contracts (Rights of Third Parties) Act 1999 will not apply to this Agreement and this Agreement does not give a right to any other person.
    2. Any reference to a particular gender is a reference to the other gender.
  11. GOVERNING LAW AND JURISDICTION
    1. This Agreement is a Non-Contentious Business Agreement within the meaning of s.57 of the Solicitors Act 1974.
    2. This Agreement is governed by, and shall be construed in accordance with, English Law.
    3. The parties to this Agreement agree that in the event of a dispute between the parties to this contract the relevant jurisdiction is that of the courts of England and Wales unless otherwise specified by statute.

 

© Equinox Law 2011. All rights reserved

rank tracker