Legal

2.1 The most up-to-date version of our Terms of Business, which apply to all engagements between us and our clients and which is referred to in our client care letters, may be found at the following link:

Terms of Business

3.1 We are an equal opportunities employer. We do not discriminate against staff, clients or others on any protected grounds or other irrelevant basis.

3.2 We conduct a diversity survey of all our staff every year. The most recent report may be found at the following link:

Diversity Report

What is a complaint?

4.1 A complaint is a report by a client that their expectations of what they consider to be a good service have not been met.

4.2 A complaint can also be made by a prospective client if we have:

4.2.1 Unreasonably refused a service to a complainant; or

4.2.2 Persistently or unreasonably offered a service that the complainant does not want.

General

4.3 It is important to us that we provide services of the highest quality to all of our clients. We aim to ensure that any complaints that clients may have are identified and dealt with in accordance with this procedure.

4.4 We have an established procedure for dealing with complaints from clients. The procedure has been established so that we can resolve as many problems as possible within our offices and avoid having complaints and problems reported and escalated, and to preserve the goodwill of our clients, even if things have gone wrong.

4.5 Our procedure also assists the Firm in identifying the cause of any problem of which the client has complained offering any appropriate redress, and correcting any unsatisfactory procedures.

4.6 We expect honesty and realism from any employee or partner when things have gone wrong and in turn we will support all employees / partners.

4.7 Such complaints must be dealt with sympathetically and quickly. Our reputation depends on this, as it is all part of our high standard of service and incorporates client care.

4.8 Clients are notified in our Client Care Letter / Terms of Business of their right to complain. If the client asks for a copy of our standard procedure, it is at this point forwarded to them in writing.

4.9 A documented review of this policy / process will take place annually to verify its effective operation across our Firm.

4.10 Should you have any concerns regarding our service, please contact our Client Care Partner, Charles Hylton-Potts on charles@peacock-law.co.uk.

Online dispute resolution

4.11 For more information on Online Dispute Resolution, please visit http://ec.europa.eu/consumers/odr.

Making a complaint

4.12 You can register the complaint with the person dealing with your matter, the Partner supervising your matter as detailed in the Client Care Letter sent to you, or the Client Care Partner, Charles Hylton-Potts.

4.13 The Client Care Partner is responsible for ensuring that complaints are handled effectively and in accordance with this procedure.

Investigating and resolving the complaint

4.14 We will acknowledge the complaint within seven days. The complainant will also be advised in what timescale they will be given an initial/substantive response. We aim to respond in full within 28 days. However, if the complaint is of a more complex nature we will require more time but we will let the complainant know when they will receive a full response.

4.15 We will conduct a full investigation and an independent review of the matter.

4.16 We will reply to the complainant, usually in writing to tell him/her of our views on the complaint and how we propose to resolve it, hopefully to the complainant’s satisfaction.

4.17 If the complainant is dissatisfied with the outcome, or the way the complaint has been handled, the complainant may write to the Client Care Partner who will make such further investigations as are necessary.

4.18 The Client Care Partner will inform the complainant of the conclusions and any alternative proposals to resolve the complaint, usually within 28 days of this being referred to him/her.

4.19 If still unresolved at this stage, the complainant may take their complaint to the Legal Ombudsman. You will have to bring your complaint to the Legal Ombudsman within 6 months of receiving a final response from us about your complaint and 6 years from the date of the act or omission giving rise to the complaint, or alternatively within 3 years from the date you should reasonably have known there are grounds for complaint (if the act/omission took place before 6 October 2010 or was more than 6 years ago).

4.20 We will record and report centrally all complaints received from clients.

4.21 We will identify the cause of any problems of which the client has complained offering appropriate redress and correcting any unsatisfactory procedures.

Legal Ombudsman

4.22 The Legal Ombudsman is the independent and impartial complaints handling body established by the Legal Services Act 2007 to deal with complaints against Solicitors.

4.23 The Legal Ombudsman may:

4.23.1 Investigate the quality of professional service supplied by a solicitor to a client;

4.23.2 Investigate allegations that a solicitor has breached rules of professional conduct;

4.23.3 Investigate allegations that a solicitor has unreasonably refused to supply a professional service to a prospective client;

4.23.4 Investigate allegations that a solicitor has persistently or unreasonably offered a professional service that the client does not want.

4.24 Before it will consider a complaint the Legal Ombudsman generally requires that the Firm’s internal Complaints Procedure has been exhausted. If the Legal Ombudsman is satisfied that the Firm’s proposals for resolving a complaint are reasonable, it may decline to investigate further.

4.25 The Legal Ombudsman’s contact details are as follows:

Address:         PO Box 6806, Wolverhampton, WV1 9WJ

Telephone:      0300 555 0333

Website:        www.legalombudsman.org.uk

E-mail:           enquiries@legalombudsman.org.uk

Introduction

5.1 Peacock & Co is the owner and operator of peacock-law.co.uk (our site).

5.2 By using our site, you accept these terms of use and agree to comply with them. If you do not agree to these terms of use, you must not use our site.

5.3 You should also refer to our Privacy Policy, which sets out the terms on which we process any personal data we collect or you give to us, and our Cookie Policy, which sets out information about the cookies on our site.

5.4 Use of our site does not, under any circumstances, create a client-lawyer relationship between us and you.

Changes to these terms

5.5 We may revise these terms of use at any time by amending this page. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time, as these will bind you.

Changes to our site

5.6 We may also update and change our site, or the content on it, from time to time. However, we are under no obligation to update it: content may be out of date at any given time; and we do not guarantee that our site, or any content on it, will be free from errors or omissions.

Access to our site

5.7 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We will not be liable to you if for any reason our site is unavailable at any time. We may suspend or withdraw or restrict the availability of all or any part of our site.

Reliance on content

5.8 The content and publications on our site are provided for general information only, and are relevant only to matters in England and Wales. They are not intended to amount to advice on which you should rely. You must obtain professional advice on your specific circumstances and objectives before taking, or refraining from, any action on the basis of any content or publication on our site. Please contact us to do so.

5.9 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Intellectual property rights

5.10 We are the owner or the licensee of all copyright and other intellectual property rights in our site, and in the content and other material published on it. All such rights are reserved.

5.11 You must not use any part of our site or the publications or content on our site for commercial purposes. You may only use it, only as permitted below, for personal use or use within the organisation for which you work.

5.12 You may print off or download and temporarily store pages from our site or any publications on our site, but only to view them.

5.13 You must not modify the paper or digital copies of any pages or materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, videos or graphics separately from any accompanying text.

5.14 You must not otherwise use, copy, alter, transmit or permanently store any pages, publications or content without our prior written consent.

5.15 You must not use the “Peacock & Co” trade mark without our consent.

Linking

5.16 Where our site contains links to other websites and resources provided by third parties, these links are provided for your information only and should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources, or how they might use your personal or other information. We are not liable for the content of those linked websites or any loss or damage you may suffer by use of, or reliance on the content on, any linked website.

5.17 You may link to our site, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

5.18 Our site must not be framed on any other website.

Testimonials

5.19 Any testimonials or feedback comments provided through our site will be considered non-confidential. You retain the ownership rights in such material, but you grant us an unrestricted, royalty-free licence to use, store and copy that content and to distribute and make it available to third parties for our marketing and promotional purposes.

Viruses and malware

5.20 Whilst we have taken reasonable steps to ensure that our site is free from bugs or viruses, we do not guarantee that it is, or that it is secure. You should use your own virus protection software.

5.21 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

Electronic communications

5.22 The transmission of information via the internet is not completely secure. Electronic communications may, for example, be intercepted, transmit viruses, arrive late or never arrive. We cannot guarantee the security of our communications, whether transmitted to our site or between us by e-mail, and what they contain. By transmitting information to us or communicating with us by e-mail, you accept the risks involved. You should scan all e-mails and any attachments for viruses before opening them.

Limitation of liability

5.23 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

5.24 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

5.25 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

5.25.1 use of, or inability to use, our site; or

5.25.2 use of or reliance on any content displayed on our site.

5.26 In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

Applicable law

5.27 These terms of use, their subject matter, formation and any contract arising from them (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

6.1 We are committed to protecting and respecting your personal information. For the purpose of the Data Protection Act 1998 (the Act), the data controller is Peacock & Co of 94 High Street, Wimbledon Village, London SW19 5EG.

6.2 This policy (together with our Terms of Use and Terms of Business) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

6.3 Any changes we make to this policy will be posted on this page. Please check back frequently to see any updates or changes to this policy.

6.4 By visiting our site and particularly by submitting information to us using the forms on our site or through other means of communication, you are accepting and consenting to the practices described in this policy and the documents referred to in it.

Information you give us, and how we use it

6.5 The information you give us may include your name, address, e-mail address and phone number, date of birth, and information about your requirements.

6.6 Such information will primarily be used to communicate with you and, if and when we are engaged as your solicitors, to provide services to you. It may also be used for maintenance of our client records, analysis to help us manage our practice, identification and credit checks, legal and regulatory compliance, and for administration and marketing purposes.

6.7 Such information may be shared with other professionals you have engaged and any consultants we engage, for the performance of any services to you. It may also be shared with: search engine optimisation, analytics and search engine providers that assist us in the improvement and optimisation of our site; and identification and credit reference agencies when carrying out relevant checks.

6.8 When submitting personal information to us using the forms on our site, you may be asked to tick a box to consent for us to add you to our mailing list, or you may explicitly subscribe to our list. Where you do so, or where we have previously supplied services to you, we may send you information by electronic means about services, updates or events that we feel may interest you. These communications will give you the ability to unsubscribe or you may contact us to do so. You have the right to ask us not to process your personal information for marketing purposes.

Information we collect, and how we use it

6.9 The information we collect about you may include:

6.9.1 technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, your location and time zone setting, browser plug-in types and versions, operating system and platform;

6.9.2 information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), pages you viewed, page response times, download errors, length of visits to certain pages, page interaction information and methods used to browse away from the page.

This is statistical data about the browsing activity of visitors to our site, and does not identify any individual.

6.10 We may also collect information on how you instigate contact through our site with us and any phone number used to call us.

6.11 We will use information we collect:

6.11.1 to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, and statistical and survey purposes;

6.11.2 to improve our site to ensure that content is presented effectively;

6.11.3 as part of our efforts to keep our site safe and secure;

6.11.4 to make suggestions and recommendations to you and other users of our site about services that may interest you or them.

6.12 We may share this information with contractors in technical and payment services, search engine optimisation and analytics providers, and search information providers.

Information we receive from other sources, and how we use it

6.13 We work closely with third parties (including, for example, business partners, sub-contractors in technical and payment services, search engine optimisation and analytics providers, search information providers, identification and credit reference agencies).

6.14 We may combine this information with other information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Cookies

6.15 Our site uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. For information on the cookies we use and the purposes for which we use them see our Cookies policy.

Disclosure of your information

6.16 You agree that we have the right to share your personal information if: we are under a duty to disclose or share your personal data, for example, in order to comply with any legal obligation; to enforce or apply our Terms of Use or Terms of Business; or to protect the rights and property of Peacock & Co, our clients, or others.

Where we store your personal information

6.17 We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy. We store your personal information on our servers and/or those of our technical or software service providers. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers, for example, the processing of your payments and the provision of technical or software services. By submitting your personal data, you agree to this transfer, storing or processing.

6.18 Unfortunately, the transmission of information via the internet is not completely secure, and electronic communications between us are at your risk. Please refer to paragraph 5.22 of our Terms of Use for more information.

8.1 Cyber-crime is on the increase, and you should be on the look-out for it to ensure that you do not become a victim of it. The website of the Solicitors Regulation Authority contains a ‘Scam Alert’ database which provides members of the public with information about known scams in which the identity of a legitimate law firm or a legitimate lawyer has been used by persons unknown for what are assumed to be criminal purposes (sra.org.uk).

8.2 You should be alive to the possibility that a fraudster might deliberately misrepresent himself or herself as a member of our team, or as someone acting on our behalf or working with us, for criminal purposes.

8.3 Such scams normally originate by e-mail. Often the e-mail will either promise the recipient a share of a large sum of money (for example a gift from a lottery winner, the benefit of a recently discovered life insurance policy, or an inheritance from the estate of a deceased person) in return for paying a modest sum up front (an advance fee type fraud) or request personal or financial information about the recipient or the recipient’s bank account allegedly in order that money can be paid to them (an identity theft type fraud). In an attempt to give legitimacy or respectability to the scam, sometimes the e-mail will direct the recipient to a false website that intentionally replicates the look of a legitimate website (a cloned website). Such e-mails are invariably fraudulent and should not be replied to or acted upon unless or until their provenance can be established.

8.4 If you receive an unsolicited and poorly worded e-mail from someone you do not know who is using a free e-mail service and/or an unusual e-mail address and it contains information or an offer which appears too good to be true, it very likely is not true.

8.5 If you receive an e-mail purporting to come from us or a member of our team, or if you are directed to a website which purports to be our site, and you have doubts or concerns about the provenance of the e-mail or website, before taking any action please either contact the member of our team you normally deal with or e-mail Charles Hylton-Potts at charles@peacock-law.co.uk and they will tell you whether the e-mail came from us or whether it is our site.

Statement of compliance

9.1 As a firm, we value our reputation for ethical behaviour and for financial probity and reliability. We recognise that over and above the commission of any crime, any involvement in the facilitation of tax evasion will also reflect adversely on our image and reputation.

9.2 We do not tolerate tax evasion, or the facilitation thereof in any circumstances, whether committed by or facilitated by a client, personnel or associated persons/companies.

9.3 We are committed to fighting tax evasion and have rigorous policies and procedures in place to detect and prevent the facilitation of tax evasion offences.

9.4 We provide regular training on the requirements of the Criminal Finances Act 2017 to all personnel.

9.5 We require all personnel to demonstrate the highest standards of honesty at all times and appropriate disciplinary action will be taken wherever tax evasion or the facilitation thereof by any personnel has been proven.

9.6 We undertake due diligence on all associated persons/companies to mitigate the risk of facilitation of tax evasion offences and, as part of our due diligence procedures, all agreements with third parties contain suitable provisions to enable termination of such agreements where associated persons/companies are not complying with the provisions of the Criminal Finances Act 2017.

© Peacock & Co 2017. All Rights Reserved.
Peacock & Co is authorised and regulated by the Solicitors Regulation Authority (SRA No. 74764).