Early Termination Fee The fee payable by you in the event that this Agreement is terminated before the conclusion of your claim.

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1 TERMS AND CONDITIONS 1. Interpretation and Operative Provisions In this Agreement, the following words shall mean: Act The Compensation Act 2006 together with all regulations and guidance promulgated there-under by the Claims Management Regulation Unit of the Ministry of Justice or the Solicitors Regulation Authority. Appointed Solicitors A firm of solicitors nominated and provisionally instructed in respect of your claim, with whom you have entered into and agreed terms of retainer. Commencement Date The date of your signature of this Agreement. Early Termination Fee The fee payable by you in the event that this Agreement is terminated before the conclusion of your claim. Permitted Damages General damages for pain suffering and loss of amenity; and damages for pecuniary loss, other than future pecuniary loss; or the costs of future care which are awarded to you in the proceedings covered by this agreement. The limit is net of any sums recoverable by the Compensation Recovery Unit of the Department of Work and Pensions, and inclusive of any VAT which is chargeable. Portal Costs The costs which may be recovered from your opponent by your solicitor where your claim falls within the undefended claims regime, as determined by the Court Procedures Rules Amendment Regulations Regulations The Conduct of Authorised Persons Regulations 2007 promulgated by the Ministry of Justice under the Act, and any guidance published by the Claims Management Regulator in respect thereof. Small Claims Limit The financial limits set by regulation which, at the Commencement Date are 1,000 in respect of personal injury claims housing disrepair and actions against the police and 10,000 in respect of all other claims. Reference to any statute or statutory provisions or to any regulatory provisions includes reference to any amendment, extension, re-enactment or consolidation thereof, including all orders, regulations, instruments or other subordinate legislation (as defined by section 21(1) of the Interpretation Act 1978). Any reference herein to Clauses, Sub-clauses or Paragraphs shall be construed unless otherwise stated as references to the clauses, subclauses and paragraphs of this Agreement. The headings to Clauses are for convenience of description only and shall have no legal meaning or otherwise have any effect upon the interpretation of the Clauses which they purport to describe. Unless the context requires otherwise, words denoting the singular shall include the plural, and words denoting the male shall include the female, and vice versa, and any references to a person shall include any individual, partnership, unincorporated association or body corporate. 2. Application and Governance of these Terms & Conditions Subject to any variations or additional terms stated in the accompanying letter, these Terms and Conditions shall apply exclusively and without further modification, variation, amendment or addition (unless agreed by us in writing) to all work undertaken by us in respect of this or any related instructions from you. This Agreement constitutes the entire agreement between us in respect of your instructions, and you have not instructed us upon the basis of any representations not expressly incorporated herein. All Notices under this Agreement shall be in writing, and sent by facsimile or special delivery or recorded delivery post being served at the address specified herein, and marked for the attention of that party s signatory to this Agreement, unless specifically stated otherwise herein. The date of service shall be deemed to be the next business day following the day on which the notice was transmitted or posted as the case may be. If any part, term or provision of this Agreement, not being of a fundamental nature, is deemed by any court, tribunal or competent authority to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected. No failure or delay by either of us in exercising any right, power or privilege here-under shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any other or further exercise of any other right, power or privilege under this Agreement. The remedies provided herein are cumulative and are not exclusive of any remedies provided by law. This Agreement shall be governed by English law, and subject to the non-exclusive jurisdiction of the English Courts. 3. Your responsibilities under this Agreement We will need you to sign the letter of authority which accompanied these Terms and Conditions to enable us or Appointed Solicitors to obtain medical notes and any other documentation which may substantiate your Claim. We may require additional information and clarification from you as the claim progresses. We and Appointed Solicitors will need to contact you and discuss the documentation you or others have provided upon receipt. If you have unsuccessfully tried to claim against, or complained to, your opponent or their insurers or otherwise had any dealings with them, kindly supply all correspondence and inform us of any reasons which they may have verbally given for rejecting, or in response to, your claim.. 1 P a g e

2 Remember: there are time limits (3 years for a personal injury claim unless you are a minor, 2 years for any claim before the Criminal Injuries Compensation Authority) within which you must bring your claim. Your prompt attention to correspondence or enquiries would therefore be appreciated and assist the furtherance of your claim. You agree that you will continue to instruction us and Appointed Solicitors in a timely manner that allows us to do our work promptly and properly, not ask us to work in an improper/unreasonable way, or deliberately mislead us; and shall fully co-operate with us. For the avoidance of doubt, it shall be your responsibility to ensure that you retain copies of any documents or information sent to us. 4. Notice of Right to Cancel: Cancellation of Contract Regulations Where you are a private individual who has instructed us to undertake work unrelated to your trade or profession during the course of attendance by us at your home, or the home of another individual, or at your place of work, or during or following the course of any excursion organised by us, then the above regulations are applicable. This gives you the right to cancel your instructions without charge within 14 days of the date of receipt of these terms. Notice of cancellation can be sent by mail or fax, or by , to the person named in the accompanying letter. However, to establish proof of cancellation it is preferable to send this by registered post. You can use the Notice of Cancellation to be found at the end of this document, but you do not have to do so. Cancellation is subject to payment of our costs to date where you have previously instructed us to commence instructions in writing. For the avoidance of doubt, signature and return of this agreement will constitute such instruction. 5. Facilitation & Introduction Fees Your Appointed Solicitors will not be paying any fee as stated in the accompanying letter. 6. Confidentiality While you are free to share any information on your claim with others, unless we specifically agree to the contrary in writing, we shall act only on your behalf in relation to the work that we do and the Contracts (Rights of Third Parties) Act 1999 shall not apply. Any advice that we give you is for your use only and we shall not be liable to anyone else in relation to that advice (including anyone that you pass or transmit it to) unless we expressly agree to be liable to the recipient(s) in writing. Your claim, and any personal information which we hold about you, is strictly confidential between us and Appointed Solicitors. Even the fact that you have instructed solicitors is confidential between us. Your opponent (and their insurers) will obviously be aware of your claim, and it will be a matter of public record if your solicitors have to issue proceedings. That only happens in a minority of claims. The other side and their insurers should not contact you directly, only through your Appointed Solicitors. Where you have instructed us on a matter other than in contemplation or furtherance of civil proceedings, confidentiality is subject to Money Laundering Regulations and similar legislation, and to disclosure under authority of law. By signing this Agreement, your authorise Appointed Solicitors to communicate with us, and provide us with all information relating to the progress of your instructions, and all or any documentation in connection therewith. 7. Where we are acting for you under a Damage Based Agreement Where, rather than take a standard management fee at the conclusion of the claim/ instruction, we have agreed, in the alternative, to take a fee calculated by reference to stated percentage of the damages which you receiving if your claim succeeds, the Damage Based Agreement regulations 2013 are applicable. The Fixed amount is referenced in this Agreement has been calculated in consideration of: our assessment of the risks inherent in your claim; the fact that if you lose, we will not earn anything; our deferred arrangements for payment of fees and disbursements; 8. Solicitors Charges and Disbursements (No win, no fee arrangements) Appointed Solicitors will usually act for you under what is commonly known as a no win, no fee arrangement (Conditional Fee Agreement, or CFA ), unless you have the benefit of legal expenses cover under an existing policy of insurance or as part of the benefits of membership of a Trade Union or professional association, when their fees will be covered by the relevant insurer, Union or association. They will check with you whether or not you have existing cover. Under this Cover, your solicitors charges, disbursements, and the other side s costs where your claim does not succeed and the court makes a costs order against you, are covered by the insurer, and you will not have to pay anything, even if your claim does not succeed, providing that you are not in breach of the terms of your policy or membership. Preparing the case for Court, or conducting litigation in Court, may involve Disbursements (expenses) such as Court Fees and expert witness fees, and you would ordinarily remain primarily liable for these irrespective of the outcome. Where you claim succeeds, these will, in most instances, be met by your opponent. Your solicitor will advise you further on the expenses that may be incurred in furtherance of your claim. You will need to sign and return the CFA to instructed solicitors on receipt. They cannot pursue your claim until you have done this, and settlement will be delayed if you do not promptly do so. 9. Costs in Litigation General Litigation 2 P a g e

3 Litigation can be a bit of a gamble, depending upon the strength of your claim. This is because of something called the costs risk that is, the right of a successful litigant (or their insurers) to have their costs assessed by the court and paid, together with statutory interests, by the losing party. However, no costs or disbursements beyond court fees and the costs of process are generally recoverable from, or by, your opponent where estimated damages are below 10,000 and the claim falls within the County Court Small Claims Limit (SCL) except in cases of personal injury, housing disrepair or actions against the police. It is anticipated that this limit may rise in the next 12 months. Costs are not generally awarded in an employment tribunal, or before certain other bodies such as the Finance Services Compensatory Authority. Where the claim is above SCL you may be entitled to a Costs Order and to have (some) of your costs paid by your opponent, subject to assessment of your costs by the Court, where your claim succeeds.. Where your opponent has made an offer of settlement (Part 36 offer) and it is bettered at trial or they fail to beat your Part 36 offer at trial, generally you will have to pay their assessed costs from the relevant date of such offer, even though your claim succeeds. Your Appointed Solicitor will specifically advise you on the position where any offer of settlement has been made, or where they are contemplating issue of proceedings. No proceedings will be issued, or any offer accepted or rejected, without your informed consent in writing. Where your claim does not succeed, the converse situation is true, and you may have to pay their assessed costs. No cost risk arises in practice until proceedings have been issued and served on your opponent. Orders for Costs are subject to statutory rates of interest from the date of such order until their settlement. No award of costs can alleviate a situation where your opponent is of such limited means that they don t have the money or other assets to satisfy any Court Order and their liability is not covered by any insurance policy. Personal Injury Claims In particular respect of personal injury claims the position has been affected by recent changes in the law. Where damages are above SCL, the position is different for claimants and defendants in PI claims with the introduction of Qualified One Way Costs Shifting (QOWCS). Where the claim succeeds, you are generally only entitled to recover very limited costs, prescribed by law, unless the claim is substantial (above 25,000), when it will proceed under what is known as fast track or multi track. This refers, in part, to the seniority of the court in which the claim will be heard, in the event that proceedings are issued. Proceedings are only issued/ decided at trial in a small minority of personal injury claims. Where your opponent has made an offer of settlement (Part 36 offer) and it is bettered at trial or they fail to beat your Part 36 offer at trial, the Court will award a 10% uplift on the damages that they would otherwise have awarded. Where the claimant is under the age of 18, we and your solicitors have to act and accept instructions through a best friend who is 18 or over (ordinarily the child's parent unless they were the driver of the vehicle in which the claimant was travelling, in which case the other parent should represent their interests). Awards of damages cannot be accepted on the basis of a parental indemnity, but must receive court approval and be invested for the claimant under the Court's rules until they reach majority. Where the claim does not succeed, you are not at risk of having to pay their opponent s costs until proceedings are issued and served on their opponent (and only where the claim is above SCL). You will normally have the benefit of QOWCS so, although the Court has the discretion to make unlimited costs orders (i.e. any amount), they can only be enforced against you: (without the Court s permission) where proceedings have been struck out on the grounds that - there were no reasonable grounds for bringing proceedings; or - proceedings are an abuse of process; or due to - the conduct of the claimant or a person acting on their behalf or with their knowledge, and have likely obstructed just disposal of proceedings. (with the Court s permission) where the claim is found to be fundamentally dishonest More limited costs orders can be made and enforced (up to a maximum equivalent of the level of compensation and interest that the court has awarded to you) where you fail to beat your opponent s Part 36 offer (i.e. award of damages does not exceed your opponent s previous offer of settlement), only in respect of any costs which your opponent incurred after the date of such offer. An award of costs can be made against you even though your claim has succeeded, Note: claimants who bring fraudulent claims may be open to a counter-claim for damages by their opponent, on which cost orders are not restricted. They may also be subject to criminal prosecution. We shall be entitled to recover our reasonable charges in any event where that is proven to be the case. Most reasonable claims settle out of court. Proceedings do have to be commenced in a minority of cases. You should be aware that there is a small chance that you may ultimately have to attend court if you wish to claim compensation. The services of an interpreter will be available at court if you are facing language difficulties understanding proceedings or answering questions. 10. Insuring Against the Cost Risk You are not at cost risk until proceedings have been issued and served on an opponent. 3 P a g e

4 Where you do not have BTE cover (which will ordinarily cover any costs orders against you), you may be able to take out an After the Event insurance policy (ATE), depending upon the perceived strength of your claim, against the risk of paying all or any of your opponent s costs, and your expenses and disbursements (but not their Base Costs) other than in cases of fraud or fundamental dishonesty. Premiums are usually deferred until the conclusion of the claim, and may be waived where your claim does not succeed, depending upon the terms of the policy. Where your solicitors are contemplating the issue and service of proceedings they will advise you further on this, and what policies may be available, and the premium which you will have to pay if you take one out. You are not obliged to take out such a policy. If you do, you will be responsible for paying the premium where your claim succeeds (and where it does not, unless the premium has been waived under the terms of the policy). ATE premiums in respect of claims brought after April 2013 are no longer recoverable from your opponent even where your claim succeeds (except in mesothelioma cases and policies for medical negligence claims but, in that case, only in respect of that part of the premium relating to experts reports). 11. How Long will Matters Take? That depends upon the type of accident which you have suffered, and the seriousness of your injuries, and whether your opponent makes an early offer of settlement. You are not permitted by law to issue proceedings immediately. Your solicitors have to submit a formal letter of claim and allow the other side a minimum period of three months to investigate the matter and formally reply, admitting liability or otherwise. In any event the claim has to be properly prepared, and proper evidence obtained to proof your injuries and any financial losses which you are claiming. On average, even a simple whiplash claim can take around four to six months to reach settlement, for reasons which are largely beyond the control of any management company or firm of solicitors. Where proceedings are issued, hearing of the claim can take up to twenty months to judgement. Generally, the more serious your injuries are the longer it takes to reach settlement, for the simple reason that it may not be possible for a medical practitioner to arrive at an immediate diagnosis/ prognosis of the injuries that you have sustained. He (and you) may need to wait and see how you recover, before they can evaluate the long term impact of your injuries. Remember you only get one bite of the cherry! You can t bring a second claim if your injuries prove to be more serious than at first appeared to be the case. So, be patient! It really is a virtue, in more serious cases. If that puts you in financial difficulty, your solicitor may be able to make an application for interim damages. At the outset instructed solicitors will give you some idea how long things are likely to take in the particular circumstances of your case. You can hasten the process by replying promptly to correspondence and telephone calls, and ensuring that any further information or documentation which is needed or requires your signature is supplied by return. Delay doing so, and it will delay settlement of your claim! 12. Storage of Documents and Papers Unless you have already asked us to return any papers to you, we shall keep all files relating to your completed matters in storage for not less than six years, either in their original form or on some other retrievable medium. After the end of that period, those files will be destroyed, although this shall not apply to any original documents that you have specifically asked us in writing to keep in safe custody for you. We do not normally make a charge for retrieving stored papers which relate to current matters, although we reserve the right to charge you for any time spent in retrieving papers relating to closed matters and for any time spent in reading the file, writing letters, or doing any other work at your request. If you ask us to send any documents to anyone else, we shall not be liable for any loss or damage that occurs to those documents after they leave our possession. You should also note that, unless we believe it appropriate to do so, we do not ordinarily make copies of any lengthy or bulky documentation that we send to anyone else, unless you specifically ask us to do so, and pay our copying charges. 13. Termination/ cancellation of your instructions You may terminate your instructions to us within 14 days of the Commencement Date (the Cancellation Period ). You will incur no costs when you do so. Where you have entered into a retainer agreement with Appointed Solicitors, cancellation of your instructions (to them) must be separately notified to them in writing at their offices. Your instructions to them are not covered by the Regulations, and you may incur costs of any work which they have already undertaken on your behalf. You are free, prior to entering into terms of retainer with Appointed Solicitors, to consult another solicitor of your choosing, should you wish to do so. The solicitors to whom we will be referring the matter are independent practitioners, regulated by the Solicitors Regulatory Authority, and their professional integrity and independence is preserved by our Agreement with them. They act in YOUR best interests no one else s. Should you cancel later than 14 days after the Cancellation Period we shall be entitled to charge you a fee in respect of the work which we have undertaken on your claim up until Notice of cancellation has been received by us. We charge (exclusive of VAT) fixed fee in respect of any work undertaken. We shall provide you with a narrative of the work undertaken to date, and the amount outstanding, should we receive Notice of cancellation. We may terminate this Agreement by Notice, when you are in breach of its Terms and Conditions, and are obliged to do so where we reasonably believe that your claim is fundamentally dishonest. In either event our charges shall be in accordance with the preceding paragraph. We are specifically entitled to terminate instructions on Notice where we have not received a reply to correspondence for a period of 28 days. In such event our charges shall be in accordance with the preceding paragraph. 4 P a g e

5 We may terminate this Agreement if we consider in our professional judgement that your claim is unlikely to succeed, or you have instructed us against our best advice to you, in respect of any settlement or more generally with regard to the conduct of the claim. In such event our charges shall be in accordance with the preceding paragraph. We shall be entitled to charge interest on any fees or other monies outstanding from you at an annual rate equal to 3% over the base rate of Barclays Bank PLC, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand. We will only release papers relating to your claim where our fees and sums outstanding have been paid by means of cleared funds, or we have received an undertaking regarding costs from a firm of solicitors. 14. Data Protection We use the information you provide primarily for the provision of regulated claims management services to you and for related purposes including: updating and enhancing client records analysis to help us manage our practice statutory returns legal and regulatory compliance Our use of that information is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access under data protection legislation to the personal data that we hold about you. Kindly write to Director.. We may from time to time send you information that we think might be of interest to you concerning developments in the law or services offered by ourselves and associated companies. If you do not wish to receive that information please notify our office in writing or delete the reference to this on the signature page of this Agreement. 14. Regulatory Matters The Company (and any Agents engaged by us) are regulated by the Claims Management Regulator at the Ministry of Justice to conduct regulated claims management activities. Your Appointed Solicitors are authorised and regulated by the Solicitors Regulatory Authority, and have professional indemnity insurance cover. Other third parties we recommend are regulated by their relevant professional bodies. If we should recommend the services of anyone to you and/or are instructed by you to instruct them on your behalf, such as solicitors, foreign lawyers, medical experts or anyone else, including services of a non-legal nature, we shall do so in good faith and this shall be the sole extent of our liability with regard to the recommendations in question. External organisations may provide support services to us, or conduct audits or checks on our practice. These organisations are either obliged by law to maintain confidentiality in relation to your affairs or we have entered into confidentiality agreements with them. Our Claims regulation number is: Client Care Standards/ Complaints We trust that you will be happy with the way that your instructions are dealt with. If, at any time, you have any queries or are uncertain about anything, do not hesitate to contact us. We are here to help! Should you feel that you have any cause for continuing dissatisfaction, we would ask you to speak/write to the Managing Director, stating what you see as the problem and what you would like us to do about it. The Company has its own internal client care and complaints procedures, which is attached to this Agreement. We will fully investigate your concerns, and reply to you as soon as possible. 5 P a g e

6 NOTICE OF RIGHT OF CANCELLATION If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named in the accompanying letter. You may use this form if you want to but you do not have to, (Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT.) To: Ariana Direct Claim Ltd of... [trader to insert name and address of person to whom notice may be given.] I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract [trader to insert reference number, code or other details to enable the contract or offer to be identified. He may also insert the name and address of the consumer.] Signed: Date: Name and Address: 6 P a g e

7 Client Standards/ Complaints Procedure The Company treats all prospective clients equally, irrespective of race, religion, nationality, sex, gender, orientation, marital status, disability or age, and does not discriminate on any prohibited grounds. Nor does it defer to the discriminatory wishes of clients in respect of the instruction of solicitors, preferred partners or others. The affairs of any client, prospective client or former client (including the fact we and Panel solicitors are acting/have acted for them), and the information which we hold relating to them, whether this has a bearing on their instructions or not, is strictly confidential, and may not be disclosed to any third party except under authority of law. A client's contact details must never be disclosed to any person, without the client's written authority to do so. We prosper by means of the standard of service which we give clients, and grow by the recommendations of many of those who have been assisted by us. Courtesy, helpfulness and empathy with injured clients are intrinsic aspects of the standard of that service. Our Complaints Procedure ordinarily requests that the Client expresses their concerns in writing, although telephone calls or complaints in person are not discouraged. It is often easier for clients to articulate their concerns in writing, and this gives us a clearer idea of the issues raised which require further investigation. However we need to be mindful of the fact that some clients do not have the necessary written skills to express their concerns, which does not make them any less legitimate. The MD will send a letter to the client acknowledging their complaint, ordinarily within 5 working days of receipt of the complaint unless he is absent from the office, which must be explained to the client, enclosing a copy of this Policy. The letter of acknowledgement will simply confirm that the matter is being investigated and by whom and their status, and what next step(s) will be taken, and when the client is likely to be hearing from us. In any event, clients are entitled to a copy of the policy upon request. The MD will carry out a formal investigation of the complaint which, depending upon its seriousness, may involve discussing the matter with the Counsellor concerned or other members of staff or persons outside of the Company whose knowledge or understanding of the matter may have a bearing on the investigation. Unless the complaint is of a fairly trivial nature, he would ordinarily review the client s file and papers He may consider it appropriate, during the course of his investigations, to invite the client for a personal interview, in order to clarify any matters. If so, the client will ordinarily be invited for interview in the letter of acknowledgement. Upon conclusion of the investigation, the MD will ordinarily inform the member of staff of the outcome as a matter of courtesy, and immediately write to the client informing them of his findings, and inviting their response. Where the complaint is substantiated to any degree by the findings of the investigation, the letter will offer appropriate redress. This may include an offer of appropriate compensation but only where the client has suffered substantiated loss, proven anxiety or distress in consequence. Ordinarily offers of redress are restricted to an agreement to undertaking additional work, or an acknowledgement and apology. Where the findings are substantiated to any degree but the fault appears to lie solely with the firm of solicitors instructed, the client will be advised to contact the firm and that the complaint is more properly dealt with under that firm's complaints procedures. The MD will ordinarily write to the Client within 4 weeks of receipt of the complaint confirming the Company's response and offering appropriate redress. Where, for whatever reason, investigations cannot be reasonably concluded within that period, the MD will notify the client in writing, stating the reasons for any delay and why we are not in a position to respond, and stating when we will be in a position to do so. Except in extenuating circumstances, a final response should be sent to the Client within 8 weeks of receipt of the complaint. If, for whatever reason, which must be significant and noted on file, we are unable to respond within that extended period, the client must be notified in writing of the reasons, when we hope to be in a position to complete investigations, and inform them of their right to complain to the Claims Management Regulator if they are dissatisfied with the reasons for any delay. All letters of final response and letters published in furtherance of the above, must include contact details of the Claims Management Regulator, including reference to their address (postal and ) and telephone number. 7 P a g e

8 The MD may elect to contact the Claims Management Regulator at an earlier stage where it is felt their assistance may be helpful in settling the matter, although there is no obligation on us to do so. If you are unsatisfied with our response, or if your complaint is not resolved within eight weeks, you may refer the complaint to: Claims Management Regulator PO Box 7824 Burton on Trent Staffordshire DE14 9DP Tel: The Regulator can review the handling of the complaint and can give a direction on further handling of the complaint. However, he cannot determine a complaint or award. The Company meets regularly with instructed solicitors and others to discuss and re-evaluate how such arrangements are working in practice, and to ensure compliance with professional regulations. The purpose of this is to ensure that all referrals are made by the introducer in specific accordance with our letter of agreement with them. Panels are reviewed and amended periodically in accordance with such discussions. 8 P a g e

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