Terms of Business

In accordance with FCA Regulations, in particular CMCOB 2.1.9R, please see below a copy of our Standard Terms and Conditions as relate to Personal Injury Cases.


TERMS OF BUSINESS

General

1.   I hereby appoint and authorise DM Legal Claims (Hereinafter “DM Legal”) to act on my behalf as my sole representative and claims intermediary; and to appoint legal representatives on my behalf (where appropriate) in respect of my claim arising from:

Date:________________   

 

2.   I shall not enter into any agreement with any other claims management company or solicitor without first providing 14 days’ notice in writing to DM Legal.

Responsibilities

3.   DM Legal shall:

a.   act in the best interests of the client in pursuing any potential claim.

b.  provide the client with impartial advice on the risks and benefits of pursuing a claim.

 

4.   The client shall provide DM Legal, or their nominated panel solicitors, with:

a.   full and accurate information and not mislead them in any way.

b.  co-operate at all times and respond to any request to provide instructions or information without delay.

c.   details of any change of address or contact details in writing at the earliest opportunity, but no later than 7 days after any such change, and

d.  shall not respond to any direct or indirect communications from a defender, insurer or any third party nominated to act on behalf of a defender or insurer. I will advise to DM Legal, or their nominated panel solicitors of any such contact or attempted contact, and pass all such correspondence, immediately.

If Court Proceedings Are Required

5.   In the event that your claim cannot be resolved out of court, you may be advised by DM Legal or their nominated panel solicitor that court proceedings may be required in order to continue to pursue your claim. In such circumstances, it may be necessary for the client to enter into a Speculative Fee Agreement (SFA) with the nominated panel solicitor directly before proceedings can be commenced.  

 

6.   If the client is not already indemnified by a relevant Before The Event insurance policy, DM Legal strongly recommends seeking an After The Event insurance policy to protect against the risks of litigating. Advice can be provided upon request by DM Legal or their nominated panel solicitor. Please note that the availability of policies and the associated insurance premiums will depend upon the circumstances of your case. Premiums are not recoverable from defenders.

 

 

 

Payment

7.   In the event that damages are recovered on my behalf by DM Legal, or their nominated panel solicitors, DM Legal will charge a fee of 20% +VAT (at the relevant rate applicable at the time).

8.   I will pay DM Legal an initial (non-refundable) payment of £100 which will cover the legal administration costs for my case.

 

9.   I shall provide DM Legal with an irrevocable signed mandate authorising DM Legal’s nominated panel solicitors to receive and distribute any damages payments received on my behalf.

Applicable Law & Warranties

10.            The law applicable to this contract shall be the law of Scotland and the parties consent to the jurisdiction of the Scottish courts in all matters affecting the contract.

 

11.            DM Legal makes no representation or warranty to the client that compensation will be obtained or is in any way guaranteed.

Ending The Agreement

12.            DM Legal reserve the right to end this agreement:

a.   at any stage, by giving notice in writing, if they or their nominated panel solicitors consider that your claim is unlikely to succeed. No fee will be charged in the event that DM Legal terminates this agreement in these circumstances.

 

b.   at any stage, by giving written notice, if they or their nominated panel solicitors believe that the client has materially breached the terms of this agreement. DM Legal and their nominated panel solicitor, reserves the right to charge a fee for any time or outlays incurred on behalf of the client in such circumstances.

 

13.            The client shall have the right to end this agreement:

a.   within 14 days of signing the agreement, by giving notice in writing to DM Legal Claims. 

 

14.            In the event that the client ends this agreement after 14 days, DM Legal or their nominated panel solicitors, reserve the right to charge a fee, at their standard hourly rates applicable at the date on which the agreement is ended, to reflect the work undertaken in pursuit of the claim, together with any outlays incurred on behalf of the client.

 

15.            In the event that the client ends this agreement after 14 days, and after confirmation has been received from the defender or anyone acting on behalf of the defender, that either:

a.                      liability is not in dispute, or  

b.                      an offer will be made on a without prejudice basis

 

DM Legal reserves the right to charge a fee under clause 9 of this agreement and their nominated panel solicitor reserves the right to charge a fee, at their standard hourly rates applicable at the date on which the agreement is ended, to reflect the work undertaken in pursuit of the claim together with any outlays incurred on behalf of the client. In the event that the client ends this agreement under this clause, the client irrevocably authorises and instructs any third party subsequently instructed on behalf of the client to notify DM Legal of their nominated panel solicitor of the terms upon which the claim resolved, within 7 days of settlement terms being agreed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complaints

16.            Details of DM Legal complaints procedures are available upon request from DM Legal.

 

 

Signature: ………………………………………………………………. (CLIENT) Date: ………………....

 

Signature: ………………………………………………………………. (DM CLAIMS) Date: ……………...


     MANDATE

 

 

I hereby irrevocably authorise and appoint DM Legal Claims Limited, 1 Craigneuk Street, Wishaw, North Lanarkshire, Scotland, ML2 7XD, to act on my behalf as my legal representative.

I hereby authorise and instruct your organisation to release my client file and post any correspondence to DM Legal Claims Ltd.

 

 

Signature: ………………………………………………………………. (CLIENT)

Date: ……………………………....

 

Signature: ……………………………………………………………… (DM LEGAL LTD)

Date: ……………………………....

 

 

 



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