ToE
Terms of Engagement
1. Nature of Service Provided
Robin Carr Associates (RCA) provides a specialist legal, advocacy, advisory and expert witness service to local authorities, landowners, land managers, tenants, individual members of the public and user groups in the areas of rights of way and public access. RCA is wholly independent of any other profession or organisation. RCA does not work or act as a barrister, solicitor, or surveyor. RCA is not directly employed by the NFU, CLA or other countryside organisation.
2. Client’s Authority
Robin Carr Associates (RCA) will act on the instructions either written or oral given by a Client or any employee, agent, representative or other person who appears to have the authority to represent the Client. The Client must notify RCA in writing if any person is not authorised to give instructions on the Client’s behalf.
3. Limit of Liability
Robin Carr Associates (RCA) will use their best endeavours to complete the Client’s instructions to the Client’s complete satisfaction. However, RCA will not be liable for any loss or damage however arising from carrying out the Client’s instructions or undertaking the engagement or for any error or omission in the carrying out of such instructions.
All liabilities are limited to the total value of fees paid/incurred.
4. Copyright
Robin Carr Associates (RCA) pays for the right to copy certain plans and documents and is obliged not to compromise third party copyright. RCA retains the copyright of all documents produced. The Client shall be entitled to use such documents in relation to the matter for which they were prepared. The Client agrees not to breach or compromise the copyright of any other person or organisation. Under no circumstances will RCA owe any duty to any person where documents are reproduced in breach of copyright.
5. Costs Orders
In the event that the carrying out of the Client’s instructions should result in the making of an order for costs against Robin Carr Associates (RCA), the Client will be liable to indemnify Robin Carr Associates (RCA) to the full extent of such an order.
Where the Client instructs RCA to apply for an order for costs against another party, and such a direction is made, RCA will seek to negotiate the recovery of costs with the paying party. If it is not possible to negotiate satisfactory payment, the Client will instruct solicitors to obtain an enforceable order and recover the sums due from the paying party as a civil matter. Robin Carr Associates (RCA) is not able to undertake this work.
VAT on costs payable and recovered is subject to VAT rules issued from time to time.
6. Relationship with other Specialists, Lawyers, Advocates and Advisers
Where Robin Carr Associates (RCA) recommends to the Client that an adviser in a specialised field should be instructed, or where RCA is required to work with such a specialist, the Client shall be responsible for instructing the specialist and paying the specialist’s fees and expenses. Robin Carr Associates (RCA) shall have no liability for the acts or omissions of the specialist or for the specialist’s fees.
7. Fees Expenses and VAT
Fees and expenses are chargeable in accordance with the fee and expense rates agreed with the Client. (Standard fee rates vary from £100/hr to £150/hr plus expenses and VAT depending upon the work to be undertaken – alternative fee rates may be offered/and or agreed depending upon the circumstances) These are reviewed periodically. Any change to the fee and expense rates will be notified to the Client in accordance with clause 12 hereof.
Time is charged in units of 15 minutes. VAT is chargeable on all fees and expenses unless otherwise stated. Days rates are based upon 8 hours.
8. Invoices
Unless previously agreed in writing, invoices are payable by the Client 15 days from the invoice date. Robin Carr Associates (RCA) shall be entitled to render an interim invoice whenever work in progress and expenses exceed £500.00 or monthly during the engagement.
The Late Payment of Commercial Debts (Interest) Act 1998 and associated legislation and regulations apply to all qualifying invoices.
9. Payments on Account
Robin Carr Associates (RCA) shall be entitled to request payment on account of his fees and expenses in advance of carrying out any work and to decline to carry out the engagement until he holds cleared funds.
10. Termination of the Engagement and Continuation of Terms
Either Robin Carr Associates (RCA) or the Client may terminate the engagement upon giving the other 14 days notice in writing. The engagement will terminate upon the expiry of such notice. The engagement will also terminate upon the completion of the engagement. However, where the Client instructs RCA on a further matter, these terms shall apply unless new terms are issued.
Upon termination, the Client will pay Robin Carr Associates’ (RCA) fees to the date of termination together with any expenses, including expenses for which RCA may be liable but which arise after the date of termination.
11. Retention of Papers
Robin Carr Associates (RCA) shall be entitled to retain any of the Client’s papers until all fees, expenses and interest have been settled in full. Clients must request the return of any papers within three months of the completion of a matter. Papers may be destroyed after that time.
12. Variation
These terms may be varied by Robin Carr Associates (RCA) giving to the Client 14 days prior notice in writing.
13. Standard and Duty of Care
Robin Carr Associates (RCA) owes a duty of care to the Client only and not to any third party but subject always to clause 3 above. The standard of care is that relevant to the work being undertaken. RCA will present any case in what he considers to be the Client’s best interests. He will not knowingly mislead any inquiry, hearing or tribunal. RCA may liaise with any party or representative or witness as is appropriate to the case.
In the event of an adjournment of any hearing in which Robin Carr Associates (RCA) is appearing as advocate or expert witness, RCA will use their best endeavours to ensure that they are available for any resumed hearing but cannot be liable for any loss or damage that may arise in the event of any such adjournment.
