Terms Conditions

Overview

Our Website Address is: “https://DNLawLTD.co.uk”

Lawful Purposes For Processing And Using Your Personal Data

Terms of Business and Terms of Engagement

This document, which serves as our terms of engagement and the accompanying terms of business, sets out the basis under which D N Law Limited will carry out work for you.

 

D N Law Limited is a limited company incorporated in England (Registered Number 07958416) with its registered office at 25 Carr Road Nelson Lancashire BB9 7JS.  Our SRA Number is 569124. We are VAT registered under number 136967963.

 

In this Document, references to “we”, “us”, “our”, or “Ltd Company” refer to D N Law Limited; any references to “you” and “yours” refer to you, our client, being the party to whom this letter is addressed. Any references to a “director” are to a member of D N Law Limited.

Service standards

We aim to provide you with high standards of service at all times.

 

We will:

 

  • keep you regularly informed in writing of progress with your matter
  • communicate with you in plain language
  • explain to you in writing the legal work which is required as your matter progresses
  • keep you informed of the cost of your matter on request
  • keep you advised of the likely timescales for each stage of this matter and any material changes in those estimates

Responsibilities

To achieve the best possible outcome in your matter, we need to work together with you. We will:

 

  • review your matter regularly
  • advise you on the law
  • follow your instructions
  • update you on whether the likely outcomes still justify the likely costs and risks associated with your matter whenever there is a material change in circumstances

 

It is important that you understand that our role is to provide legal advice and not (unless otherwise agreed) to advise on commercial or financial matters or to question your commercial or financial objectives. We do not advise on tax issues or on the need to obtain tax advice. You should obtain appropriate expert advice on the need to obtain tax advice in your particular circumstances as well as the tax consequences of any transaction contract or other event.

 

If we engage other professionals (such as barristers, expert witnesses) to advise you, we will only do so as your agent. When we engage other professionals we will do so with care but we cannot be held responsible for any act or omission of those professionals, unless otherwise agreed in writing. You will always be responsible for the fees and expenses incurred by them on our instructions.

 

Unless we agree otherwise we will not once a matter has concluded be responsible for monitoring or notifying you of any relevant post conclusion dates or deadlines or for otherwise monitoring compliance by you or any other party with the terms of any arrangement on which we have advised.

 

You need to:

 

* provide us with clear and timely instructions

* provide us promptly with any information and documents we request from you

Costs Information

Under the Legal Aid Agency requirements, we are obliged to give an indication of the likely costs to be incurred in your case, whether or not these are ultimately met out of public funds under a Legal Aid Representation Order, advocacy assistance or advice and assistance regulations.  This is a very difficult question to answer as each case is different, and the final cost will depend upon the complexity of the matter and the number of Court hearings involved. 

 

We will apply for Legal Aid to cover your case in the Magistrates’ Court, and have asked you to complete the application forms. The decision to award Legal Aid is made on the basis of both the details of your case (called the Interests of Justice Test) and the financial information you provide (called the Means Test). It is therefore very important that you complete the forms accurately and (where necessary) send evidence to support the information you provide. If you do not tell the truth on your legal aid application about your income, assets and expenditure you could be prosecuted.

 

If you are under 18 or on certain benefits, you do not need to pay for the work we do for you in the Magistrates’ Court. These benefits are Income Support, Income-Based Job Seeker’s Allowance, Universal Credit, Guaranteed State Pension Credit and Income-related Employment and Support Allowance. You need to provide your National Insurance Number so that the benefit can be checked.

 

In all other circumstances your finances will be assessed to decide whether you are eligible for Legal Aid. Your annual household income and family circumstances will be taken into account and then:

 

  • If your annual household income is £12,475 or less you get free Legal Aid

 

  • If it is £22,325 or more you are not eligible for Legal Aid

 

The assessment of your income makes an allowance for a partner or any children that you have living with you so it is important that you include details of these on the form.

 

If your annual household income is more than £12,475 but less than £22,325 then the Legal Aid Agency will look at your disposable income. This is the money you’re left with after you’ve paid your main bills. A standard amount is allowed for some bills such as gas, electricity and insurance, and there is an allowance for a partner and/or any children. If you’re left with:

 

  • £3,398 or less a year (£283.17 or less a month) you get free Legal Aid

 

  • More than £3,398 a year (£283.17 a month) you are not eligible to receive Legal Aid

 

If you are in receipt of Income Support, Income based Job Seekers Allowance, Working Families Tax Credit or Disabled Persons Tax Credit would you please provide us with proof of receipt of the benefits as soon as possible, preferably by attending our office with your payment book or other confirmation and we will photocopy the relevant documentation.

 

If you are in employment or self-employed, we will need your National Insurance number, proof of income and expenditure.  In addition, if you are self-employed we will need your most recent accounts and self-assessment returns.  We may also need similar documentation from your partner. 

 

We must also advise you that you are under a duty to report any changes whatsoever in your financial circumstances both to ourselves and the Court as this might affect your eligibility for public funding.

 

If you have any questions regarding this information, then please do not hesitate to contact me and I will provide you with further details.

Crown Court Cases

If your case is heard in the Crown Court your financial situation will be assessed with one of the following outcomes: You don’t have to pay for the work that we do for you because you have been awarded Legal Aid to cover all your costs You have to pay a contribution towards our costs because you can afford to pay from your income, capital or both You have to pay privately for all the work that we do for you.

 

You will be asked to provide evidence of your income and assets. If you do not provide this evidence, your payments could be increased. If you do not tell the truth on your legal aid application about your income, assets and expenditure you could be prosecuted.

 

You will not have to pay towards the costs of your case if you are under 18 when you make your application or if you receive any of the following benefits: Income Support, Income-Based Job Seeker’s Allowance, Universal Credit, Guaranteed State Pension Credit and Income-related Employment and Support Allowance.

 

If your annual household disposable income is £37,500 or more (the money you’re left with after you’ve paid your main bills, and taking into account your family circumstances, such as a partner and/or any children) then you will not be eligible for Legal Aid and you will have to pay privately for any work that we do for you.

 

If you don’t think you can afford to pay privately, or you think that a mistake has been made, you can ask for a review of your Legal Aid assessment.

 

Wherever it is possible to apply for public funding on your behalf, we will, of course, do so, but we will advise you of this as matters progress.  All the work undertaken at the police station is covered by public funds under the advice and assistance scheme and this is not means tested.  A large proportion of the work that proceeds to the Magistrates Court is covered either by advice and assistance and advocacy assistance at the early hearings or under a Legal Aid Representation Order, an application for which may be made to the Court in due course.  Advice and assistance will cover advice only and will enable us to undertake a certain amount of work on your behalf, but this will not cover any proceedings before the Court.  Public funding for Court hearings can only be covered either by advocacy assistance or under a full Representation Order.

 

Applications for a Legal Aid Representation Order are means tested and it is also necessary to pass the interests of justice test.  If an Order is granted in the Magistrates Court, then there will be no need for you to make any weekly contributions from your own resources and the cost of representation will be met from public funds. 

 

If you are not granted a Representation Order on the basis that it is not in the interests of justice for an order to be granted, advice and assistance may be available for a limited amount of work but this again is means tested and will depend on your own personal and financial circumstances.  We will discuss all this with you in greater detail when it is appropriate to do so.

 

Applications for Legal Aid Representation Orders are not means tested if you are under 16 or under 18 and remain in full-time education. 

Contribution Orders

You will have to pay a contribution towards the costs if your annual disposable income is above £3,398. A standard amount is allowed for some bills such as gas, electricity and insurance, and there is an allowance for a partner and/or any children. Where you are required to pay towards your legal costs, you will receive a Contribution Order from the court giving details of how much you must pay and how to make the payments. The first payment will be due within 28 days of your case being committed, sent or transferred for trial. The payments will be collected by a private company on behalf of the Legal Aid Agency, and they will also write to you. You must tell the court about any changes to your financial circumstances during your case because a change may affect the amount you have to pay towards your defence costs. If you don’t think you can afford to pay, or you think that a mistake has been made, you can ask for a review of the amount the court has told you to pay.

 

At the end of the case, if you are found not guilty, any payments you have made will be refunded with interest. If you paid late or not at all and action was taken against you, the costs of this action will be deducted from the refund.

 

If you are found guilty, you may also have to pay towards your defence costs from any capital assets you may have. This would only apply if:

 

  • You have £30,000 or more of assets, for example, savings, equity in a property, shares or Premium Bonds; and

 

  • Any payments you have already made have not covered your total defence costs.

 

You will be told at the end of your case if you have to make a payment from capital. The Collection and Enforcement Agency for the Legal Aid Agency will notify you of the amount you owe once your legal costs have been finalized.

 

We must also point out to you that should you appear in either the Magistrates or the Crown Court, and either plead guilty or be convicted of an offence, then you may be ordered to pay a contribution towards the costs of the prosecution.

 

Upon conviction, the Crown Court has far-reaching powers to seize assets and enforce sales of property to cover your legal costs.  After conviction, the Court may consider exercising its powers of forfeiture, seizure and sale under the various statutes.  These are complex issues and you may wish to be advised further about this as matters progress. 

 

If you intend to plead not guilty and call witnesses on your behalf, under the Criminal Procedure Rules we must notify the Court of the name, address and date of birth of your witnesses within very strict time limits, otherwise you may be prevented from calling those witnesses.  It is important therefore that you furnish us as soon as possible with the full details of any witnesses that you may wish to call.

 

The Court may also give directions under the same rules as to the progress of the case, and the conduct of the parties.  Non-compliance with such directions may lead to sanctions and harm your defence. 

Time Scales and Likely Length of Your Case

We are also obliged to give an indication as to the likely length of your case.  This obviously differs greatly from case to case, as in simple cases, the matter may be concluded on the first appearance before the Court, but it may also be necessary to adjourn the case for a number of reasons. 

 

If your case is being dealt with within the Magistrates Court and you wish to plead not guilty and contest the matter at trial, then it is likely that you shall receive a trial date within 3 – 6 months, depending on the availability of the Court and the anticipated length of your trial. If you are found not guilty following the conclusion of a Magistrates Court trial, then your case will conclude at that stage.

 

If, however, you plead guilty before the commencement of a trial, or if you are found guilty following the conclusion of your trial then your case may be adjourned for a sentence hearing.  This sentence hearing may take place approximately 1 – 2 months following your conviction, as the Court may wish to adjourn the sentence hearing for the commission of an expert or probation report to assist the Court at the sentence hearing.

 

In some instances, where the Court deems it appropriate, you may be sentenced on the same day of your conviction; however, this is usually in less serious matters when the likely sentence is one of a financial penalty. In a case where the likely sentence is to be one of a community order or imprisonment, then as explained above, the Court may be likely to adjourn the sentence hearing for a period of approximately 1 -2 months for the commission of any expert or probation reports.

 

If your case is being dealt with at the Crown Court, and you wish to plead not guilty and contest the matter at trial, then it is likely that you shall receive a trial date within 6 – 12 months, depending on the availability of the Court and the anticipated length of your trial.

We advise that due to the large number of cases in the Crown Court backlog, in part due to the covid-19 pandemic and the Barrister’s strike action in 2022, you may not receive a trial date for approximately 12 -18 months.

 

As above, if you are found not guilty following the conclusion of a Crown Court trial, then your case will conclude at that stage. If, however, you are found guilty following the conclusion of your Crown Court trial, or if you plead guilty before the commencement of a trial, then your case may be adjourned for a Crown Court sentence hearing, which may take place approximately 2 – 3 months following your conviction. This is because the Court may wish for the commission of an expert or probation report to assist the Court at the sentencing hearing.

Raising Queries or Concerns with Us

We are committed to high quality legal advice and client care. If you are unhappy about any aspect of the service you receive, please contact Mohammed Afzal Anwar, a Director, on 01282 699966 and email afzal@dnlawltd.co.uk or by post to our office at 25 Carr Road, Nelson, Lancashire, BB9 7JS. In the event that your complaint relates to Mohammed Afzal Anwar please direct your complaint to Sardar Asghar, a Director, on 01282 699966 or email him at sardar@dnlawltd.co.uk. We have a procedure in place that details how we handle complaints. This is available upon request by mail or email.

 

If you are not satisfied with our handling of your complaint, you can also ask the Legal Ombudsman to consider the complaint;

Legal Ombudsman  

PO Box 6167 Slough SL1 0EH

Website: www.legalombudsman.org.uk 

Tel: 0300 555 0333,

Email: enquiries@legalombudsman.co.uk 

This must be done within six months of receiving a final written response from us about your complaint.

The Legal Ombudsman expects complaints to be made to them within one year of the date of the act or omission about which you are concerned or within one year of you realising there was a concern.

Please Note

  1. If your complaint is specifically about our bill, you have the right to object to it and apply for an assessment of it under part III of the Solicitors Act 1974. If you should choose to exercise this right, and the court is assessing our bill, you may be unable to use the Legal Ombudsman service.
  2. If you are complaining as a business client, unless you are a “micro business” (as defined by the European Union), you may not be able to use the Legal Ombudsman scheme and should check the guidance on Legal Ombudsman’s website.
  3. If you refer your complaint to the Legal Ombudsman as a trustee/personal representative (executor/administrator) or beneficiary of the estate/trust of a person who, before they died, had not referred the complaint to the Legal Ombudsman the period runs from when the deceased should reasonably have known there was cause for complaint; and when the complainant (or the deceased) should reasonably have known there was a cause for complaint will be assessed on the basis of the complainant’s (or deceased’s) own knowledge, disregarding what the complainant (or the deceased) might have been told if he/she had sought advice.
  4. If the ombudsman considers there are exceptional circumstances (e.g. serious illness or you were still within the time limits when you made your initial complaint to them) then he/she may extend any of the above time limits to the extent that he/she considers fair.

If we have to change any of the timescales above, we will let you know and explain why.

Yours sincerely,

D N Law Limited