Terms of Appointment
Last Changed 08 November 2007
Please Note the limitation of liability at Clause 13 and the Appendix
1 at the end of these Terms of Appointment for the status of Daniel
Atkinson.
- Daniel Atkinson Limited trading as Atkinson Law, registered in England
under number 4046624, whose registered office is at Lynwood House, Crofton
Road, Orpington, Kent BR6 8QE, (hereinafter referred to as the Company) is a professional
contracts consultancy providing services for the particular company, individual or
organisation or public body the subject of these Terms of Appointment (hereinafter referred to
as the Client).
- The present hourly rate is £285 per hour (hereinafter referred to as
the Standard Rate). Travelling time will be charged at the Standard
Rate. Disbursements and VAT will be charged in addition. The
Standard Rate, other than where expressly agreed to
the contrary, is subject to revision in December each year to account for
inflation and any general fluctuation in costs, such revised rates to apply
to work carried out from the beginning of January. In the absence of
agreement between the Company and the Client regarding the extent of
revision, rates will be increased by 5%.
- Payment is required in advance of providing services (hereinafter
referred to as the Advance
Payment). The Company may, at its discretion, provide services without
sufficient Advance Payment for the fees likely to be incurred, but this is
not and is not to be taken as a waiver of the requirement for Advance
Payment. Payment of any
amounts outstanding in excess of Advance Payments is due on the date of the
invoice. Invoices will be either submitted for payment monthly, at the
completion of such services or as agreed. A reconciliation invoice for
services rendered will be submitted on completion and any outstanding
payment is due on the date of the invoice. The Final Date for Payment is
fourteen days from the date of any invoice.
- In the event of failure to pay any monies in accordance with clause 3
hereof, the Company will charge interest on any monies owed to it by the
Client, such interest to be at a rate of 8% above the base rate of a
clearing bank from time to time calculated from the date for final payment
to the date of actual payment on a compound basis.
- The Company may deduct any monies referred to in clause 3 and 4 hereof
which are unpaid, from any amounts received by the Company from or on behalf of the
Client.
- The remuneration payable to the Company under the terms of clause
3 shall continue to be payable by the Client to the Company notwithstanding
the termination of this agreement.
- The Client may not withhold or
reduce any sum payable to the Company under the appointment by reason of
claims or alleged claims against the Company. If the Client disputes
the amount included for payment in an invoice a written notice must be
served on the Company by the Client before the final date for payment. If no
notice is given the amount due shall be the amount stated in the invoice.
- If any item or any part of an item of any invoice is disputed or
subject to question by the Client, the payment by the Client of the
undisputed remainder of that account shall not be withheld on those grounds.
- All retainers between the Company and the Client for the supply of any
services by the Company shall be in accordance with these conditions.
- The Company reserves the right to withdraw its services in such
circumstances as it alone thinks fit. Without prejudice to the generality of
the foregoing, such instances will include:-
- Failure to make advance payments in accordance with these Terms of
Appointment.
- Failure to pay any invoice in full in accordance with
these Terms of Appointment;
- Failure, despite requests, to receive
adequate instructions, from the Client;
Where services are withdrawn, the Company and the Client agree that the
Company may retain all or any of the Client's relevant documents and
electronically held information until payment in full is received of all
invoices rendered. The Company will give 7 days written notice prior to the
withdrawal of its services.
- When the Company is appointed to act in connection with arbitration or
adjudication or litigation, fees as stated in the Terms of Appointment or as
otherwise agreed with the Client will be paid in accordance with these
terms. Payment of any fees will not be deferred until after taxation of cost
and will not be reduced as a result of taxation of costs. When the Company
is required by the Client to instruct Counsel, the Client shall pay the fees of
Counsel monthly in advance as estimated by Company and adjusted at the end
of each month in accordance with Clause 3 to 9 hereof. The Company shall be
required to instruct Counsel to execute work only when the fees to cover the
work of Counsel have been paid.
- The acceptance by the Company of any instructions from the Client
shall be deemed to incorporate all these conditions. No terms contained in
any instructions or other document of the Client and no variation or
departure from these conditions and no other term or condition whatsoever
which is not contained therein shall have any force or effect whether as
part of or as collateral to the contract except insofar as the Company has
expressly agreed thereto in writing signed by an authorised person on
behalf of the Company.
- The liability of the Company for any expense, loss, cost or damage
of any kind whatsoever whether direct, indirect or consequential arising
out of any action or proceedings whether legal, as a result of an
adjudication award under the Housing Grants, Construction and Regeneration
Act 1996 or any other proceedings relating to the services provided in
accordance with this appointment will be limited to £50,000 (fifty
thousand pounds) or the total amount of fees charged in respect of the
commission whichever is the lesser. This limit of liability includes, but
is not limited to, breach of contract, negligence, misrepresentation and
breach of statute. This limitation is the total amount of liability
arising from the services provided in accordance with this appointment.
Any employee including a Director of the Company carrying out services for
the Company has no personal liability for any loss or damage relating to
the services provided, and the Client agrees that its sole and exclusive
remedy is against the Company whether or not the Company is solvent, and
the Client waives any right to seek recovery of any loss or damage from
the employee, including Director, in person.
- Where there is no agreement as to the amount of fees to be paid by
the Client to the Company payment to the Company will be based upon its
reasonable costs plus profit.
- If the Client determines the agreement with the Company except on
grounds of breach of duty the Client will be liable to pay all fees
outstanding at the date of the determination together with 50% of the fees
which the Company estimates would have been paid to the Company had it
completed the commission.
- Any dispute between the Company and the Client may be referred to
adjudication in accordance with The Scheme for Construction Contracts
Regulations 1998 as applicable to England, Wales, Scotland and Northern
Ireland
- Any dispute arising out of or in connection with this appointment
which has not been agreed by the parties shall be finally settled by
reference to arbitration. Either party may following the service of a
notice of arbitration on the other party, which sets out the matter in
dispute, apply after 28 days has elapsed the following service of the
notice to the President for the time being of the Chartered Institute of
Arbitrators to make the appointment.
- This agreement is governed by the laws of England and is subject to the
jurisdiction of the English Courts.
Daniel Atkinson holds the degree of barrister, but does not have a
practising certificate because he does not comply with the Bar Council's
rules for practising barristers. This limits the work which he is allowed to
do. It also limits the rights you will have against him and against the Bar
Council. He cannot appear in court on your behalf of conduct litigation or
immigration work for you. Daniel Atkinson is not fully regulated by the Bar
Council. This means that, although the Bar Council can consider a complaint
against him, it cannot require him to pay you compensation for inadequate
professional service. The Bar Council will also not pay you compensation
itself for any wrongdoing on his part. Full details are given at www.barcouncil.org.uk.
Daniel Atkinson can represent and advise in arbitration, adjudication and
mediation.
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