Standard Terms of Business

  1. Unless otherwise agreed in writing, all appointments as mediator are undertaken on the terms of the Centre for Effective Dispute Resolution’s Model Mediation Agreement for the time being, with annexes, which can be viewed at and downloaded from https://www.cedr.com/about_us/modeldocs/?id=31 , with my fees to be agreed in writing as a pre-condition to appointment.
  2. Unless otherwise agreed in writing, all appointments as arbitrator are undertaken on my standard terms, obtainable upon request, with my fees to be agreed in writing as a pre-condition to appointment.
  3. Work as a Legal Adviser/Counsellor at Law is undertaken only on the following terms (unless varied in writing), where “you” means my client:
    1. All information and advice passing between us is strictly confidential. I shall not disclose it to any third party except with your permission or as required by law or under legal powers.
    2. A contract between us is a consultancy contract which creates no employment contract of any kind.
    3. I shall advise you at all times to the best of my ability, in good faith and as expeditiously as reasonably possible in all the circumstances, based on the information and documentation with which you provide me. You accept that if I do not know the whole circumstances, my advice cannot be full and/or correct, and that there is always an element of uncertainty in legal advice so that a recipient can never be guaranteed its success in practice.
    4. My fees are charged on an hourly basis, time being calculated in 6 minute units. I reserve the right to bill monthly. My fees are payable immediately upon my bill being rendered. If not paid within 30 days, I reserve the right to interest from the date of my bill at the rate prescribed by the Judgments Act 1838, both before and after any judgment.
    5. You will reimburse any specific expenses to which I am put in the course of any work for you, including by way of example only travel (at cost - by air: economy class within the UK; business class in all other cases; by rail: business/first class; by car: 40p per mile); search fees/download costs etc. (at cost); substantial photocopying (20p per A4 page or at cost if purchased). Expenses will be included in bills for fees or billed separately at my discretion.
    6. You will pay any sums which I may request on account of anticipated future fees and/or expenses at any time, as promptly as I specify in such request(s).
    7. In the event that any fees are not paid and/or any request for money on account is not met strictly on time, I have the right to stop work immediately and without notice. I have a lien on, and in such circumstances until payment in full (without counterclaim, set-off or other contest) will not be obliged to produce or permit copying or sight of, any work product.
    8. My work product remains mine unless and except to the extent that I communicate it to you or at your request/on your behalf to any third party. I am under no obligation to retain either my papers/records or yours after my work is complete.
    9. I shall not be liable to you for any act or omission in relation to my work unless the act or omission is proved to have been fraudulent or involved wilful misconduct. If a court or arbitral tribunal for any reason sets aside or otherwise disapplies the previous sentence, my liability shall be limited to a maximum of £1,000 or the return of my fees for the relevant work, whichever is the greater.
    10. You accept the risks inherent in all forms of communication, including electronic communication, including but not limited to the transmission of/infection by viruses, malware and similar problems.
    11. In the event that any difference or dispute arises between you and me relating to these terms and/or any work I have done or am doing for you, we shall try to resolve the issue amicably. If we fail to do so, we agree to submit the issue(s) to mediation by a mediator to be agreed or in default of agreement appointed by the Centre for Effective Dispute Resolution. Should such mediation prove unsuccessful, any such dispute or difference shall be subject to arbitration in London.
    12. These terms are governed by and to be construed and interpreted in accordance with the law of England, and the courts of England have exclusive jurisdiction over any difference or dispute relating to them, the formation of our agreement and/or any work I do for you and anything related to it or to any request or approach to me in connection with work or possible work.