Legal & Regulatory Information

1. General

2. Website terms and conditions

3. Email disclaimer

4. Privacy Policy and cookies

5. Complaints procedure

6. Professional Indemnity Insurance

7 a. Terms of Use relating to CLEX (Lyons Davidson Client Extranet) 

7 b. Terms of Use relating to LD Extra (Lyons davidson Extranet)

8. CLEX and LD Extra Privacy Policy

9. Disclaimer

10. LDreach terms and conditions

11. AA legal helpline terms and conditions

12. LV = helpline terms and conditions

13. LV = Commercial helpline terms and conditions

14. Cigna Personal Legal Helpline Terms and Conditions of Use

15. Cigna Commercial Legal Helpline Terms and Conditions of Use

16. RSA/MoreThan personal legal helpline terms and conditions

17. RSA/MoreThan Commercial Legal Helpline Terms and Conditions

18. Arc Personal Legal Helpline Terms and Conditions of Use

19. First Practice Management/FPM/Shred-It Legal Helpline Terms and Conditions of Use

20. Parliament Hill legal assistance telephone helpline terms and conditions of use

21. Qdos legal assistance telephone helpline terms and conditions of use

22. Online Dispute Resolution

1. General

Lyons Davidson and Lyons Davidson Solicitors are the trading names of Lyons Davidson Limited, a company registered in England & Wales (company no. 7592441) authorised and regulated by the Solicitors Regulation Authority. Our registered office is at 43 Queen Square, Bristol, BS1 4QP where a list of directors is available for inspection. VAT No. 138 1494 61.

The SRA Code of Conduct and professional rules to which we are required to adhere are available via the SRA website.

Lyons Davidson Scotland is a trading name of Lyons Davidson Scotland LLP, an associated practice of Lyons Davidson. Lyons Davidson Scotland LLP is a limited liability partnership registered in Scotland (registration no. SO302969) and is regulated as a Multinational Practice by the Law Society of Scotland (registration no. 38931). The registered office is at Enterprise House, 34 Earl Grey Street, Edinburgh EH3 9BN where a list of members is available for inspection. VAT No. 100 6252 74.

We use the word “partner” to refer to an employee or consultant who is a practising lawyer with equivalent standing.

2. Website Terms and Conditions

These terms and conditions (“Terms”) apply to the entire content of this website. Please read these Terms carefully before using this website. Using this website indicates that you accept these Terms. If you do not accept these Terms, please do not use this website.

The websites to which these Terms apply and for which Lyons Davidson is responsible are: www.lyonsdavidson.co.uk; www.joinlyonsdavidson.co.uk and www.lddisputeresolution.co.uk

1. Application

1.1 This website is provided by Lyons Davidson and Lyons Davidson Scotland (“we, us, our”) refers to Lyons Davidson in this website includes where relevant and appropriate Lyons Davidson Scotland.
1.2 These Terms and the Privacy Policy (set out below) shall constitute an agreement between you and us and shall set out the conditions upon which you may access the information available on this website.
1.3 We reserve the right to change these Terms or the Privacy Policy at any time and to notify you by posting an updated version of these Terms or the Privacy Policy on this website, at which point they will become immediately effective.
1.4 Your continued use of this website after any changes referred to in clause 1.3 shall constitute your consent to such changes.

2. Access to the website

2.1 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control.
2.2 We reserve the right to, without notice, withdraw the availability of this website or any of its content and/or any of its functions, information or services.
2.3 We cannot guarantee uninterrupted and/or reliable access to this website and we make no guarantees whatsoever as to its operation, functionality or otherwise.

3. Permitted use of the website

3.1 You are allowed to view, download and print out content from this website for personal use only in accordance with these Terms. All other copying whether electronic, hard copy or other format is prohibited and all other rights are reserved.
3.2 You shall only use this website in a manner that is consistent with these Terms and in such a way as to comply with all applicable laws and regulations and, in particular, that you shall not (or not attempt to):
3.2.1 seek unauthorised access to our network or computer system;
3.2.2 insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems; and/or
3.2.3 assist, encourage or permit any other person to do any of the things described in 3.2.1 and 3.2.2 above.
3.3 You may not create a link to this website from another website or documents without obtaining our prior written consent.

4. Cookies

For information about the cookies used by our websites, please consult our Privacy Policy.

5. Intellectual property rights

5.1 All copyright and all other intellectual property rights existing in this website (including, but not limited to, all design, text, graphics and the selection or arrangement thereof) are and remain our property.
5.2 The expression ‘copyright’ shall include the entire copyright, design right, rental right, right to authorise or prohibit lending and data right subsisting now or created at any time.

6. Links to third-party websites

6.1 This website and “LD Extra” Extranet Service may contain links to websites owned and operated by third parties. We make no representations or warranties as to the accuracy or completeness of any of the information appearing on such linked websites or as to the suitability or quality of any of their products or services.
6.2 The links to third party websites are provided for your information and convenience only and are not an endorsement by us of the content of such linked websites.
6.3 We accept no liability for any damage or loss, howsoever caused, in connection with use of or reliance on any information, material, products or services contained or accessed through any such linked website.
6.4 If you decide to link to any third party website and make use of any information contained on them and/or enter into any contract for the supply of goods or services from such third party, you do so entirely at your own risk.
6.5 You are responsible for checking the terms and conditions of any third party websites you may visit.

7. Legal advice

The information and opinions contained on this website are provided as a general guide only and are not intended to be construed or interpreted as legal or other professional advice. Such information and opinions should not, therefore, be relied upon or treated as a substitute for specific advice relevant to particular circumstances. For specific legal advice, please contact us through the Key Contact search for the section of the website relevant to your particular circumstances, or for general queries, contact info@lyonsdavidson.co.uk.

8. Liability

8.1 While we endeavour to ensure that the information contained on this website is accurate, complete and up-to-date, we make no representations or warranties, whether express or implied, as to the accuracy, completeness or fitness for purpose of such information.
8.2 We make no representations or warranties, whether express or implied, that this website or any software of any nature available on, downloaded or otherwise obtained from it, will be free from defects or viruses.
8.3 We make no representations or warranties as to whether the information available on this website complies with the regulatory regime of countries from which the pages of this website may be accessed.
8.4 We exclude any liability whosoever arising from the use of this website, to the fullest extent permitted by law.  We shall not be liable for any loss or damage whatsoever and howsoever incurred including but not limited to any direct, consequential or indirect loss or damage, or any loss or damage to goodwill or profits or any anticipated loss of savings incurred by you, or loss of data or loss of business opportunity, or economic loss whether arising in tort, contract, equity or otherwise and arising out of, in relation to, or in connection with your access to, use of, or inability to use this website. We do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, fraud or for any matter which it would be illegal to exclude or to attempt to exclude.

9. General

9.1 The failure by us to insist on any occasion upon performance of these Terms shall not thereby act as a waiver of such a breach or an acceptance of any variation of these Terms.
9.2 A person who is not a party to these Terms may not enforce any of its terms or conditions under the Contracts (Rights of Third Parties) Act 1999.
9.3 These Terms shall be governed by, construed and enforced in all respects in accordance with the Laws of England.
9.4. Any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law; and any such dispute or claim (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England.

3. Email disclaimer

Any reference to “our emails” includes any attachments and includes emails sent on behalf of Lyons Davidson and/or LD Scotland (“us”, “our”, “we”).

1. The contents of our emails are confidential and may be legally privileged. If you are not the intended recipient of any of our emails then you may not read, copy, distribute or make any other use of that email or its contents. If you received any of our emails in error, please tell us immediately by telephone quoting the name of the sender and the intended recipient, then delete it from your system.
2. No contracts may be concluded on our behalf by email. We are unable to accept the service of documents by email or fax. Neither we nor the sender accepts any responsibility for viruses.
3. It is your responsibility to scan our emails and any attachments. Any opinions or advice contained in our emails are subject to the terms and conditions expressed in our relevant engagement letter.
4. Personal emails are not communications by or on our behalf and the sender is not acting as representative, agent or in any other capacity for or on our behalf. We do not accept any liability or responsibility in connection with personal emails.

4. Privacy policy and cookies

Lyons Davidson (we, us, our) is committed to the online privacy of all its users and this Privacy Policy is designed to provide users of this website with a clear understanding of our data processing practices. This policy explains how Lyons Davidson uses any personal data you provide to us during your use of our website. Personal Data is information which personally identifies you, like your name, address or email address or which would, if combined with other information in the possession of, or likely to come into the possession of Lyons Davidson, personally identify you.

Introduction

The websites at www.lyonsdavidson.co.ukwww.joinlyonsdavidson.co.uk and www.lddisputeresolution.co.uk are operated by Lyons Davidson, which is the Data Controller for the purposes of the Data Protection Act 1998 and as such we are registered under the Data Protection Act 1998. As required by the Data Protection Act 1998, we follow strict security procedures and take appropriate measures to ensure that Personal Data is not damaged, destroyed or disclosed to a third party without permission and to prevent unauthorised access to it. By accessing or using any part of this website you agree to be bound by the terms of this Privacy Policy. This Privacy Policy should be read in conjunction with our Terms and Conditions of Use. Please click here to view the Terms and Conditions of Use.

Data collection and use

In some areas of our websites you may choose to provide us with Personal Data. In particular, it should be noted that in relation to our recruitment website www.joinlyonsdavidson.co.uk, if you choose to provide us with a completed application form, a covering letter containing any Personal Data or other personal details, a curriculum vitae or any combination of these documents whether in hard copy, electronic or any other format, the information will be used by us for the purpose of determining your suitability for employment with us.   We shall hold the information provided for a period of 12 months, and may contact you during that time regarding it. Following this period, the information we hold will be destroyed. By submitting any of these documents to us, you consent to us using them as described above.

We may log your IP address (which indicates the location of your computer on the internet) for the purpose of systems administration and troubleshooting.

We may use log files to help us understand how visitors use this website. We may use this information in aggregate for statistical analysis.

If you provide your email address in order to submit an enquiry, comment or request for further information, we may contact you regarding your enquiry, comment or request. We may also send emails to you about the services that we offer.

From time to time we may provide your information to our marketing or IT departments for research and analysis purposes so that we can monitor and improve the services we provide. We may occasionally contact you by post, email or telephone to ask you for your feedback and comments on our services.

We operate a system to ensure that all client feedback is dealt with fairly and consistently and is properly recorded. If you think that our service could be improved or would like to provide any additional comments, please contact us.

We will not sell, distribute or lease your Personal Data to third parties, except with your permission or as required by law.

User access

You are entitled to obtain any Personal Data which Lyons Davidson holds for you under the Data Protection Act 1998. If it transpires that the information held is inaccurate we will make the necessary amendments and confirm to you that these have been made. If you want to view the information held by us please write to: The Data Protection Officer, Lyons Davidson, 43 Queen Square, Bristol, BS1 4QP. Under the provisions of the Data Protection Act 1998 a reasonable administration fee will be payable. If at any time you want to withdraw your consent to our use of your Personal Data, please write to us at the above address.

Your consent

By submitting your Personal Data you consent to the use of that data as set out in this Privacy Policy. If we change our privacy policy we will post the changes on our website. You should periodically review our website to check you are always aware of the information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

Cookies

Cookies are small files that are saved on your computer by websites you visit. They are used to help websites operate more efficiently by remembering activities and preferences made by you as well as provide anonymous information to the website owner such as the number of visits to a page, how long they stayed etc, which helps make decisions on future improvements to the site. The table below explains the cookies we use and why:

Cookie Name Purpose Expires
_utma_utmb_utmc_utmz These cookies are placed by Google Analytics and are used to determine the number visitors to our site, how long they visit for and how they reached the site. _utma – 2 years_utmb – 30 minutes_utmc – end of session_utmz – 6 months
ASP.NET_SessionID This cookie remembers selections and preferences you have already made or information you have already given such as searches and completed forms When you close your browser (end of session)
.ASPXANONYMOUS This cookie holds a unique ID but no personal information and is used to track anonymous users around the site for navigation purposes 11 weeks
cc_cookie_accept This cookie remembers that you have clicked the ‘Accept Cookies’ button so that the banner will no longer display until the cookie has expired or been deleted 1 year
language This cookie is used to remember your language preferences When you close your browser (end of session)

Most browsers allow you to control what cookies are saved to your computer – to find out how to change your settings, as well as more information about cookies in general, please visit www.allaboutcookies.org.

5. Complaints procedure

When you inform us that you feel we have failed to meet our own standards or your expectations of us and that you wish to make a formal complaint, we adopt a procedure to try to resolve your complaint quickly and efficiently.

Your complaint will be referred by the Case Handler working on your case (or his or her supervisor) to our Customer Services and Compliance Department. This department works independently from the department of the firm which is handling your case in order to provide an objective view.

We will acknowledge in writing that you have made a complaint and state the name of the person who will personally handle your complaint (the “Customer Services Officer”).

The Customer Services Officer will contact you by telephone to discuss your complaint and will try to identify what we can do to resolve the matter for you. Under the supervision of our Complaints Partner (Michael Greybanks), the Customer Services Officer will investigate your complaint to see if we have failed to meet any required standards. The Customer Services Officer may need more information from you during the course of the investigation, in order that he or she can properly deal with your complaint. Therefore he or she may need to contact you to request further details or arrange a meeting with you to discuss your complaint.

The Customer Services Officer will write to you with a response to your complaint within 10 working days of you letting us know that you wished to make a formal complaint. In this response, the Customer Services Officer will set out the findings of the investigation, suggesting what, if any, actions are required by us to remedy the situation. If there is any reason why they cannot respond within this timescale, the Customer Services Officer will tell you this in advance explaining why and setting a new timescale.

If we do not hear further from you following our response, the Customer Services Officer will contact you after another 10 working days to check that you are satisfied with our conclusions and proposed resolution. If we cannot resolve your complaint then you can ask the Legal Ombudsman to investigate your complaint if it is about poor service. The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. You must refer your complaint to the Legal Ombudsman within 6 months of our final response to your complaint. The Legal Ombudsman contact details are as follows:

The Legal Ombudsman contact details are as follows
Website: www.legalombudsman.org.uk
Telephone: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Postal address: P.O. Box 6806 Wolverhampton WV1 9WJ.

We will retain details of your complaint and its outcome. This information will be used for internal training and analysis.

Version 5: June ’15

6. Professional Indemnity Insurance

In accordance with disclosure requirements our compulsory professional indemnity insurers are as follows:

Lyons Davidson Limited (England and Wales)

Insurer Name: QBE Insurance (Europe) Limited

Insurer Address: Plantation Place, 30 Fenchurch Street, London, EC3M 3BD

Geographical Cover: Worldwide

Lyons Davidson Scotland LLP

Compulsory cover provided under the Law Society of Scotland Master Policy.

Lead Insurer: Royal and Sunalliance Insurance plc

Lead Insurer Address: Alexander Bain House, 4th Floor, 15 York Street, Glasgow, G2 8LA

Geographical Cover: Worldwide

7 a. Terms of Use Relating to CLEX (Lyons Davidson Client Extranet)

These terms of use (“CLEX Terms”) apply to any access or use of the Lyons Davidson Client Extranet Service (“CLEX”) provided to you, the user, via the internet site www.lyonsdavidson.co.uk. Please read these CLEX Terms carefully before using CLEX. Accessing and using CLEX indicates that you have read, understood and accepted these CLEX Terms.

  1. Application

1.1 CLEX is a free online service made available to you, a client of ours (“you” or the “client”) in connection with any legal services we, Lyons Davidson Limited and/or Lyons Davidson Scotland LLP, are providing or have provided to you subject to the terms of a letter of engagement with us (“Client Retainer”) in order to allow you on-line access to information relating to your file or case (“Matter”) including viewing your file, receiving all of your correspondence online and emailing your lawyer handling your case (“Case Handler”) directly to discuss any issues.

1.2 These CLEX Terms apply to:

1.2.1 The information, data (including personal data), software or other material available on CLEX (the “CLEX Content”) which are made available to you; and

1.2.2 Any documents, instructions or other information you upload or otherwise provide to us through CLEX (“Client Data”)

in connection with the provision of legal services by us. To the extent you provide Client Data to us, this will form part of the CLEX Content in respect of your Matter.

1.3 CLEX together with the CLEX Content is provided by File Dynamics Limited for and on behalf of Lyons Davidson Limited and/or Lyons Davidson Scotland LLP and their subsidiary and associated companies (“we”, “us”, or “our”).

1.4 These CLEX Terms, together with our Privacy and Cookies Policy and subject to the Client Retainer shall constitute an agreement between you and us and shall set out the terms upon which you may access and use CLEX.

1.5 In the event of any conflict or inconsistency between the CLEX Terms, our Privacy and Cookies Policy and the Client Retainer, such conflict or inconsistency shall be resolved in accordance with the following priority:

1.5.1 Client Retainer applies first;

1.5.2 CLEX Terms apply second; and

1.5.3 Privacy and Cookies Policy applies last.

1.6 These CLEX Terms apply at any point at which you are using CLEX. We reserve the right to change these CLEX Terms and/or our Privacy and Cookies Policy at any time and to notify you by posting an updated version of these CLEX Terms and/or our Privacy and Cookies Policy on CLEX, at which point they will become immediately effective.

1.7 Your continued use of CLEX after any changes referred to in clause 1.6 above shall constitute your consent to such changes.

2. Access to LD Extra

2.1 We will endeavour to provide continuous, functional, reliable and secure operation and access to CLEX but any such operation and access is subject to the following conditions:

2.1.1 We will use appropriate protections and systems in accordance with good industry practice to ensure CLEX is secure and virus free, which is compliant with ISO27001;

2.1.2 We cannot guarantee that CLEX will be operational, functional and free from defects and viruses in circumstances where we have taken reasonable precautions in accordance with good industry practice;

2.1.3 We cannot guarantee uninterrupted and/or reliable access to CLEX. Access to CLEX may be interrupted temporarily in the case of system failure or due to other reasons beyond our control;

2.1.4 We reserve the right to withdraw the availability of CLEX or any of the CLEX Content for reasons of maintenance or repair, system security, professional/regulatory obligations or other good cause;

2.1.5 We will endeavour to provide advance notice of any periods of scheduled downtime of CLEX by placing a notice on CLEX.

2.2 We will not charge you for using CLEX.

3. Permitted use of CLEX, CLEX Content and Client Data

3.1 You are allowed to use CLEX only in accordance with these CLEX Terms, for the purpose set out in the terms of the Client Retainer and in such a way as to comply with all applicable laws and regulations. Use is personal to you and is not for the benefit of any third parties.

3.2 You may view, download and print out CLEX Content from CLEX. We will provide all information relating to your Matter exclusively through CLEX unless you tell us otherwise or there is a legal or other need to use other means of communication. If you wish to receive CLEX Content through other means of communication, such as paper copies posted to you, please ask your Case Handler.

3.3 You may contact us through CLEX to provide Client Data such as instructions, approve documents, upload documents or other information relating to your Matter. Where you provide Client Data to us:

3.3.1 When using the Document Signing function, we will ask you to provide consent or approval to certain documents (no actual signature is required);

3.3.2 Where you provide us with your bank details, we will pay any award of compensation directly to your bank account using the bank details you have given. We will only retain a copy of your bank details in order to process the particular transaction;

3.3.3 We will accept any instructions you give us as genuine bona instructions which have been provided by you and we will proceed on the basis of such instructions unless we have reasonable cause to believe otherwise;

3.3.4 We will not expect or require you to provide the same Client Data in other formats (such as paper copies posted to us) unless we notify you of a particular need;

3.3.5 We will treat all personal data (including sensitive personal data) provided to us in accordance with the terms of the Client Retainer.

3.4 You shall only use CLEX in a manner that is consistent with these CLEX Terms and the Client Retainer and in particular you shall not or not attempt to:

3.4.1 Copy, distribute or use CLEX Content whether in electronic, hard copy or other format other than for the purpose set out in the Client Retainer;

3.4.2 Seek unauthorised access to CLEX, our network or computer system other than that which has been identified as being available to you through the password(s) notified to you, or any other area of our network or computer system;

3.4.3 Create a link to CLEX from another website or document(s) without obtaining our prior written consent;;

3.4.3 Insert or knowingly or recklessly transmit or distribute a virus, trojan horse or corrupted data into our network and computer systems;

3.4.5 Access any CLEX Content other than by using the links and searches made available on authorised access to CLEX in accordance with these CLEX Terms;

3.4.6 Circumvent any of the security safeguards;

3.4.7 Cause annoyance to other users of CLEX;

3.4.8 Corrupt any CLEX Content;

3.4.9 Assist, encourage or permit any other person to do any of the things described in clauses 3.4.1 to 3.4.8 above.

4. Passwords and problems

4.1 We shall provide you with passwords, which we may change at our discretion and without notice. The password provided is for the use of the named person only and is not transferable.

4.2 You shall keep the password confidential and you shall notify us immediately of any actual or suspected unauthorised use of your password(s), by email to extra@lyonsdavidson.co.uk.

4.3 If you believe or if there is good cause to believe that you have been granted access to CLEX by mistake, you must not download it, copy it or use it for any purpose or disclose its contents to any other person; and you must leave CLEX immediately and contact us by email at extra@lyonsdavidson.co.uk

4.4 If we have notified you that you are permitted to access CLEX but you are unable to obtain access to it, please contact us by email at extra@lyonsdavidson.co.uk

5. Cookies

For information about the cookies used by CLEX, please consult our Privacy and Cookies Policy.

6. Intellectual property rights

6.1 All copyright and all other intellectual property rights existing in CLEX and the CLEX Content (including, but not limited to, all design, text, graphics and the selection or arrangement thereof) are and remain our property subject to clause 6.2.

6.2 All copyright and all other intellectual property rights existing in Client Data are and remain your property save that we are licensed to use it for the purposes of pursuing your Matter, storing it on CLEX and to the extent we need to use it for legal and regulatory purposes.

6.3 The expression ‘copyright’ shall include the entire copyright, design right, rental right, right to authorise or prohibit lending and data right subsisting now or created at any time.

7. Links to third-party websites

7.1 CLEX may contain links to websites owned and/or operated by third parties. We make no representations or warranties as to the accuracy or completeness of any of the information appearing on such linked websites or as to the suitability or quality of any of their products or services.

7.2 The links to third party websites are provided for your information and convenience only and are not an endorsement by us of the content of such linked websites.

7.3 If you decide to link to any third party website and make use of any information contained on them and/or enter into any contract for the supply of goods or services from such third-party, you do so entirely at your own risk.

7.4 You are responsible for checking the terms and conditions of any third party websites that you may visit.

8. Liability

8.1 Our liability to you arising out of our provision of CLEX and your use of CLEX and the CLEX Content shall be limited as follows:

8.1.1 Our liability to you in respect of the provision of legal services to you is subject to the terms of the Client Retainer. To the extent that we are in breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of CLEX, our total liability in respect of shall be limited in accordance with the remaining provisions of this clause 8.1 and clause 8.2:

8.1.1.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these CLEX Terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Client Retainer; and

8.1.1.2 Where our legal services to you consist of reserved legal activities, our total liability in respect of breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of CLEX shall be limited to £3 million which covers claims of any sort whatsoever (including but not limited to interest and costs). For the purpose of this clause, “reserved legal activities” means those activities that are reserved legal activities under the Legal Services Act 2007 and includes the exercise of a right of audience, the conduct of litigation, reserved instruments activities, probate activities, notarial activities and the administration of oaths; or

8.1.1.3 In all other cases, our total liability in respect of breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of CLEX shall be limited to £2 million, which covers claims of any sort whatsoever (including but not limited to interest and costs); and

8.1.2 We accept no liability for any loss or damage to the extent such loss or damage has arisen from:

8.1.2.1 Any act or omission by you;

8.1.2.2 Any event of force majeure, being any circumstances beyond our reasonable control including acts of God, fire, flood, earthquake, windstorm or other natural disaster; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; fire, explosion or accidental damage; wilful or criminal damage or theft by a third party; loss at sea; extreme adverse weather conditions; collapse of building structures; interruption or failure of utility service, including but not limited to electric power, gas or water; and labour disputes including but not limited to strikes, industrial action or lockouts;

8.1.2.3 Where we have acted in accordance with our regulatory or professional obligations;

8.1.2.4 In connection with your use of or reliance on any information, material, products or services contained or accessed through any websites owned or operated by third parties;

8.1.3 Our liability to you shall further be limited to that proportion of the loss or damage (including interest and costs) suffered by you which is ascribed to us by a court of competent jurisdiction allocating proportionate responsibility to us having regard to the contribution to the loss and damage in question of any other person (loss or damage having the same meaning as in the Civil Liability (Contribution) Act 1978).

8.2 Nothing in these CLEX Terms limits or excludes our liability for:

8.2.1 Death or personal injury caused by our negligence;

8.2.2 Fraud or fraudulent misrepresentation or a reckless disregard of professional obligations on our part;

8.2.3 Any other liability for which exclusion or restriction is prohibited by law, including any breach of the terms relating to satisfactory quality, fitness for purpose, description, the requirement to provide pre-contract information and the right to supply under the Consumer Rights Act 2015.

9. General

9.1 Nothing in these CLEX Terms shall establish a client and solicitor relationship between you and us save that this is not intended to interfere with the solicitor and client relationship set out in the Client Retainer.

9.2 Each of the provisions of these CLEX Terms operates separately. If any provision of these CLEX Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these CLEX Terms and the remainder of such provision shall continue in full force and effect.

9.3 Failure or delay by either party in enforcing or partially enforcing any provision of these CLEX Terms will not mean that that party has waived any of its rights under these CLEX Terms. If either party does waive a default by the other party, such waiver shall be in writing. Any waiver by a party will not mean that such party will automatically waive any later default by the other party.

9.4 The CLEX Terms form a contract between you and us. These CLEX Terms are not intended to and do not confer any rights on any third party under the Contracts (Right of Third Parties) Act 1999.

9.5 Any dispute or claim arising out of or in connection with these CLEX Terms or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law; and any such dispute or claim (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

10. Contacting Us

10.1 In the event that you need to contact us you can do so by the following means:

10.1.1 By email to extra@lyonsdavidson.co.uk; or

10.1.2 If your matter is being dealt with by Lyons Davidson (in England & Wales) by telephone on 0117 904 6000 or by post to Lyons Davidson, 43 Queen Square, Bristol, BS1 4QP; or

10.1.3 If your matter is being dealt with by Lyons Davidson Scotland by telephone on 0131 344 0251 or by post to Lyons Davidson Scotland, Enterprise House, 34 Earl Grey Street, Edinburgh EH3 9BN.

In the event that you are emailing or writing to us please include details of your client reference number to help us to identify you.

10.2 If we have to contact you we will use the email address or postal address that you provided to us in the Client Retainer.

10.3 Any complaints relating to your case should be addressed to the case handler at Lyons Davidson or Lyons Davidson Scotland handling your case (which is set out in the Client Retainer). If you have any technical problems accessing CLEX, please contact us at extra@lyonsdavidson.co.uk and we will try to resolve the issue as soon as possible.

11. Information About Us

11.1 File Dynamics Limited operates CLEX for and on behalf of Lyons Davidson Limited and/or Lyons Davidson Scotland LLP.

11.2 “Lyons Davidson” and “Lyons Davidson Solicitors” are the trading names of Lyons Davidson Limited, a company registered in England and Wales under company number 7592441 whose registered office is at 43 Queen Square, Bristol, BS1 4QP. Our VAT number is 138149461. We are authorised and regulated by the Solicitors Regulation Authority. The SRA Code of Conduct and professional rules to which we are required to adhere are available via the SRA website www.sra.org.uk.

11.3 “Lyons Davidson Scotland” is a trading name of Lyons Davidson Scotland LLP. Lyons Davidson Scotland LLP is a limited liability partnership registered in Scotland (registration number SO302969) whose registered office is at Enterprise House, 34 Earl Grey Street, Edinburgh EH3 9BN. Our VAT number is 100625274. We are regulated as a Multi-National Practice by the Law Society of Scotland (registered number 38931). A full list of members is available for inspection at the registered office.

7 b. TERMS OF USE RELATING TO LD Extra (LYONS DAVIDSON EXTRANET)

These terms of use (“LD Extra Terms”) apply to any access or use of the Lyons Davidson  Extranet Service (“LD Extra”) provided to you (the “User”) via the internet site www.lyonsdavidson.co.uk. Please read these LD Extra Terms carefully before using LD Extra. Accessing and using LD Extra indicates that you have read, understood and accepted these LD Extra Terms.

1. Application

1.1 LD Extra is a free online service made available to you (“you”) in connection with any legal services we, Lyons Davidson Limited, are providing or have provided to clients of ours (“Clients”) in order to allow you online access to certain information relating to our legal services on files or cases (“Matters”) in which you have a legitimate interest because:

1.1.1 You are a worksource of ours (“Workource User”) where we are providing legal services for (1) your policyholders, members, customers or other class of referred persons or (2) you in relation to defendant and subrogated outlay recovery matters and/or subject, in either case, to the terms of a written legal services agreement between us (“LD Worksource Agreement”); and/or

1.1.2 You are any other person (including any other legal services provider, regulator or organisation) (“Other User”) where we have agreed to allow you access to LD Extra subject to any agreed terms in writing between us (“LD Other User Permission Agreement”).

1.2 These LD Extra Terms apply to:

1.2.1 The information, data (including personal data), software or other material available on LD Extra (the “LD Extra Content”) which are made available to you; and

1.2.2 Any messages, information or data you give us through LD Extra (“User Data”)
in connection with the provision of legal services by us. To the extent you provide User Data to us, this will form part of the LD Extra Content (subject to clause 7).

1.3 LD Extra together with the LD Extra Content is provided by us, Lyons Davidson Limited, and/or our subsidiary and associated companies including File Dynamics Limited and FD Licensing Limited (“Lyons Davidson”, “we”, “us”, or “our”).

1.4 These LD Extra Terms, together with our Privacy and Cookies Policy and subject to the LD Worksource Agreement and/or LD Other User Permission Agreement (together the “LD Legal Contracts”) shall constitute an agreement between you and us and shall set out the terms upon which you may access and use LD Extra.

1.5 In the event of any conflict or inconsistency between the LD Extra Terms, our Privacy and Cookies Policy and the LD Legal Contracts, such conflict or inconsistency shall be resolved in accordance with the following priority:

1.5.1 LD Legal Contracts apply first;

1.5.2 LD Extra Terms apply second; and

1.5.3 Privacy and Cookies Policy applies last.

1.6 These LD Extra Terms apply at any point at which you are using LD Extra. We reserve the right to change these LD Extra Terms and/or our Privacy and Cookies Policy at any time and to notify you by posting an updated version of these LD Extra Terms and/or our Privacy and Cookies Policy on LD Extra, at which point they will become immediately effective.

1.7 Your continued use of LD Extra after any changes referred to in clause 1.6 above shall constitute your consent to such changes.

2. Access to LD Extra

2.1 We will endeavour to provide continuous, functional, reliable and secure operation and access to LD Extra but any such operation and access is subject to the following conditions:

2.1.1 We will use appropriate protections and systems in accordance with good industry practice to ensure LD Extra is secure and virus free, which is compliant with ISO27001;

2.1.2 We cannot guarantee that LD Extra will be operational, functional and free from defects and viruses in circumstances where we have taken reasonable precautions in accordance with good industry practice;

2.1.3 We cannot guarantee uninterrupted and/or reliable access to LD Extra. Access to LD Extra may be interrupted temporarily in the case of system failure or due to other reasons beyond our control;

2.1.4 We reserve the right to withdraw the availability of LD Extra or any of the LD Extra Content for reasons of maintenance or repair, system security, professional/regulatory obligations or other good cause;

2.1.5 We will endeavour to provide advance notice of any periods of scheduled downtime of LD Extra by placing a notice on LD Extra.

2.2 We will not charge you for using LD Extra.

3. Permitted use of LD Extra, LD Extra Content and User Data

3.1 You are allowed to use LD Extra only in accordance with these LD Extra Terms, for the purpose set out in the terms of the LD Legal Contracts and in such a way as to comply with all applicable laws and regulations. Use is personal to you and is not for the benefit of any third parties.

3.2 You may view, download and print out LD Extra Content from LD Extra.

3.3 You may message us through LD Extra. Where you provide User Data to us we will accept any such messages as genuine bona communications which have been provided by you and we will proceed on the basis of such messages unless we have reasonable cause to believe otherwise.

3.4 You shall only use LD Extra in a manner that is consistent with these LD Extra Terms and the LD Legal Contracts and in particular you shall not or not attempt to:

3.4.1 Copy, distribute or use LD Extra Content whether in electronic, hard copy or other format other than for the purpose set out in the LD Legal Contract;

3.4.2 Seek unauthorised access to LD Extra, our network or computer system other than that which has been identified as being available to you through the password(s) notified to you, or any other area of our network or computer system;

3.4.3 Create a link to LD Extra from another website or document(s) without obtaining our prior written consent;

3.4.4 Insert or knowingly or recklessly transmit or distribute a virus, trojan horse or corrupted data into our network and computer systems;

3.4.5 Access any LD Extra Content other than by using the links and searches made available on authorised access to LD Extra in accordance with these LD Extra Terms;

3.4.6 Circumvent any of the security safeguards;

3.4.7 Cause annoyance to other users of LD Extra;

3.4.8 Corrupt any LD Extra Content;

3.4.9 Assist, encourage or permit any other person to do any of the things described in clauses 3.4.1 to 3.4.8 above.

4. Passwords and problems

4.1 We shall provide you with passwords, which we may change at our discretion and without notice. The password provided is for the use of the named person only and is not transferable.

4.2 You shall keep the password confidential and you shall notify us immediately of any actual or suspected unauthorised use of your password(s), by email to extra@lyonsdavidson.co.uk.

4.3 If you believe or if there is good cause to believe that you have been granted access to LD Extra by mistake, you must not download it, copy it or use it for any purpose or disclose its contents to any other person; and you must leave LD Extra immediately and contact us by email at extra@lyonsdavidson.co.uk

4.4 If we have notified you that you are permitted to access LD Extra but you are unable to obtain access to it, please contact us by email at extra@lyonsdavidson.co.uk

5. Organisations with Multiple Users

5.1 Where you are a Worksource User or Other User responsible for multiple employees, agents and representatives wishing to access LD Extra, you shall comply with the following terms:

5.1.1 You are entitled to request multiple and individual access for your employees, agents and representatives;

5.1.2 You are responsible for your employees, agents and representatives complying with these LD Extra Terms;

5.1.3 You shall notify us within 7 days of any changes to your Users including, but not limited to, notifying us of any Users who leave your employment or service;

5.1.4 If you wish to gain access to LD Extra Content relating to a Client’s Matter, the following terms shall apply:

5.1.4.4 You may only access such LD Extra Content if you have an existing relationship with, responsibility to or other jurisdictional right in respect of the Client, such as that person is your policyholder, member, customer or client;

5.1.4.5 You must have good and lawful reason to access information relating to the Client’s Matter, such as you are undertaking a client audit, and you have agreed those reasons with us in writing beforehand (“Reason for Access”);

5.1.4.6 You have obtained the relevant client consent to access such LD Extra Content, either directly from the Client, or we have confirmed in writing that we have obtained necessary client consent;

5.1.4.7 The LD Extra Content contains information which is confidential and privileged to a Client and data which may be personal data or sensitive personal data (“Client Confidential Information”). You shall only use such Client Confidential Information in accordance with the Reason for Access and you shall not disclose or otherwise use the Client Confidential Information for any other purpose without our prior written permission;

5.1.4.8 To the extent that the Client Confidential Information contains any personal data, you shall comply with any applicable data protection legislation in respect of your use of such data which must be consistent with the Reason for Access.

6. Cookies

For information about the cookies used by LD Extra, please consult our Privacy and Cookies Policy.

7. Intellectual property rights

7.1 All copyright and all other intellectual property rights existing in LD Extra and the LD Extra Content (including, but not limited to, all design, text, graphics and the selection or arrangement thereof) are and remain our property subject to any rights granted in the LD Legal Contracts.

7.2 All copyright and all other intellectual property rights existing in information and data provided by a Client on that Client’s file (“Client Data”) are and remain the property of the Client save that we are licensed to use it for the purposes of pursuing the Client’s Matter, storing it on LD Extra and to extent we need to use it for legal and regulatory purposes.

7.3 All copyright and all other intellectual property rights existing in User Data are and remain your property save that we are licensed to use it for the purposes of providing legal or other services pursuant to the LD Legal Contract, storing it on LD Extra and to extent we need to use it for legal and regulatory purposes.

7.4 The expression ‘copyright’ shall include the entire copyright, design right, rental right, right to authorise or prohibit lending and data right subsisting now or created at any time.

8. Links to third-party websites

8.1 LD Extra may contain links to websites owned and/or operated by third parties. We make no representations or warranties as to the accuracy or completeness of any of the information appearing on such linked websites or as to the suitability or quality of any of their products or services.

8.2 The links to third-party websites are provided for your information and convenience only and are not an endorsement by us of the content of such linked websites.

8.3 If you decide to link to any third-party website and make use of any information contained on them and/or enter into any contract for the supply of goods or services from such third party, you do so entirely at your own risk.

8.4 You are responsible for checking the terms and conditions of any third-party websites that you may visit.

9. Liability

9.1 Our liability to you arising out of our provision of LD Extra and your use of LD Extra and the LD Extra Content shall be limited as follows:

Worksource Users
9.1.1 Where you are a Worksource User, our liability to you in respect of the provision of legal services is subject to the terms of the LD Worksource Agreement. To the extent that we are in breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of LD Extra, our total liability shall be limited in accordance with the remaining provisions of this clause 9.1.2 and clause 9.2:

9.1.2.1 Save as set out in the LD Worksource Agreement and subject to our duties in such contract, we exclude any liability arising from the use of LD Extra, to the fullest extent permitted by law;

9.1.2.2 We shall not be liable for any loss or damage whatsoever and howsoever incurred including but not limited to any direct, consequential or indirect loss or damage, or any loss or damage to goodwill or profits or any anticipated loss of savings incurred by you, or loss of data or loss of business opportunity, or economic loss whether arising in tort, contract, equity or otherwise and arising out of, in relation to, or in connection with your access to, use of, or inability to use LD Extra.

Other Users
9.1.2 Where you are an Other User, save as may be otherwise agreed in the LD Other User Permission Agreement, to the extent that we are in breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with the use of LD Extra, our total liability in respect of shall be limited in accordance with the remaining provisions of this clause 9.1.2 and clause 9.2:

9.1.2.1 We exclude any liability arising from the use of LD Extra, to the fullest extent permitted by law;

9.1.2.2 We shall not be liable for any loss or damage whatsoever and howsoever incurred including but not limited to any direct, consequential or indirect loss or damage, or any loss or damage to goodwill or profits or any anticipated loss of savings incurred by you, or loss of data or loss of business opportunity, or economic loss whether arising in tort, contract, equity or otherwise and arising out of, in relation to, or in connection with your access to, use of, or inability to use LD Extra.

9.1.3 In all cases and in respect of all Users:

9.1.3.1 We accept no liability for any loss or damage to the extent such loss or damage has arisen from:

9.1.3.1.1 Any act or omission by you;

9.1.3.1.2 Any event of force majeure, being any circumstances beyond our reasonable control including acts of God, fire, flood, earthquake, windstorm or other natural disaster; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; fire, explosion or accidental damage; wilful or criminal damage or theft by a third party; loss at sea; extreme adverse weather conditions; collapse of building structures; interruption or failure of utility service, including but not limited to electric power, gas or water; and labour disputes including but not limited to strikes, industrial action or lockouts;

9.1.3.1.3 Where we have acted in accordance with our regulatory or professional obligations;

9.1.3.1.4 In connection with your use of or reliance on any information, material, products or services contained or accessed through any websites owned or operated by third parties;

9.1.3.2 Our liability to you shall further be limited to that proportion of the loss or damage (including interest and costs) suffered by you which is ascribed to us by a court of competent jurisdiction allocating proportionate responsibility to us having regard to the contribution to the loss and damage in question of any other person (loss or damage having the same meaning as in the Civil Liability (Contribution) Act 1978).

9.2 Nothing in these LD Extra Terms limits or excludes our liability for:

9.2.1 Death or personal injury caused by our negligence;

9.2.2 Fraud or fraudulent misrepresentation or a reckless disregard of professional obligations on our part;

9.2.3 Any other liability for which exclusion or restriction is prohibited by law, including any breach of the terms relating to satisfactory quality, fitness for purpose, description, the requirement to provide pre-contract information and the right to supply under the Consumer Rights Act 2015.

10. General

10.1 Nothing in these LD Extra Terms shall establish a client and solicitor relationship between you and us save that this is not intended to interfere with:

10.1.2 Any client and solicitor relationship between you and us where we are providing legal services for you in relation to defendant and subrogated outlay recovery matters; or

10.1.3 The solicitor and client relationship between us and a Client set out in the Client Retainer.

10.2 Each of the provisions of these LD Extra Terms operates separately. If any provision of these LD Extra Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these LD Extra Terms and the remainder of such provision shall continue in full force and effect.

10.3 Failure or delay by either party in enforcing or partially enforcing any provision of these LD Extra Terms will not mean that that party has waived any of its rights under these LD Extra Terms. If either party does waive a default by the other party, such waiver shall be in writing. Any waiver by a party will not mean that such party will automatically waive any later default by the other party.

10.4 The LD Extra Terms form a contract between you and us. These LD Extra Terms are not intended to and do not confer any rights on any third party under the Contracts (Right of Third Parties) Act 1999.

10.5 Any dispute or claim arising out of or in connection with these LD Extra Terms or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law; and any such dispute or claim (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Contacting Us

11.1 In the event that you need to contact us you can do so by email to extra@lyonsdavidson.co.uk, by telephone to 0117 904 6000, by fax to 0117 904 6006 or by post to Lyons Davidson, 43 Queen Square, Bristol, BS1 4QP. In the event that you are emailing or writing to us please include details of your client reference number to help us to identify you.

11.2 If we have to contact you we will use the email address or postal address that you provided to us in the LD Legal Contract.

12. Information About Us

12.1 We operate LD Extra. “Lyons Davidson” and “Lyons Davidson Solicitors” are the trading names of Lyons Davidson Limited, a company registered in England and Wales under company number 7592441. Our registered office is at 43 Queen Square, Bristol, BS1 4QP. Our VAT number is 138149461.

12.2 We are authorised and regulated by the Solicitors Regulation Authority. The SRA Code of Conduct and professional rules to which we are required to adhere are available via the SRA website www.sra.org.uk.

8. CLEX and LD Extra Privacy Policy

Lyons Davidson (we, us, our) is committed to the online privacy of all its users and this Privacy Policy is designed to provide users of Lyons Davidson Client Extranet (CLEX) and LD Extra Extranet Service (LD Extra) with a clear understanding of our data processing practices. This policy explains how Lyons Davidson uses any personal data you provide to us during your use of CLEX and LD Extra. Personal Data is information which personally identifies you like your name, address or email address or which would, if combined with other information in the possession of, or likely to come into the possession of Lyons Davidson, personally identify you.

Introduction

CLEX and LD Extra are operated by Lyons Davidson which is the Data Controller for the purposes of the Data Protection Act 1998 and as such we are registered under the Data Protection Act 1998. As required by the Data Protection Act 1998, we follow strict security procedures and take appropriate measures to ensure that Personal Data is not damaged, destroyed, or disclosed to a third party without permission and to prevent unauthorised access to it. By accessing or using any part of CLEX or LD Extra you agree to be bound by the terms of this Privacy Policy. This Privacy Policy should be read in conjunction with our Terms and Conditions of Use.

Data Collection and Use

We may log your IP address (which indicates the location of your computer on the internet) for the purpose of systems administration and troubleshooting.

We may use log files to help us understand how visitors use our site. We may use this information in aggregate for statistical analysis.

If you provide your email address in order to submit an enquiry, comment or request for further information, we may contact you regarding your enquiry, comment or request. We may also send emails to you about the services that we offer.

From time to time we may provide your information to our marketing and auditing departments for research and analysis purposes so that we can monitor and improve the services we provide. We may occasionally contact you by post, email or telephone to ask you for your feedback and comments on our services.

We operate a system to ensure that all client feedback is dealt with fairly and consistently and is properly recorded. If you think that our service could be improved or would like to provide any additional comment please contact us through the Feedback link on your CLEX or LD Extra homepage.

We will not sell, distribute or lease your Personal Data to third parties except with your permission or as required by law.

Data Security

Access to CLEX and LD Extra is provided by a secure socket link (SSL) which encrypts information viewed online to ensure the security and confidentiality of the information which we hold. SSL is an industry standard and is one of the best ways to ensure Internet messages are not intercepted.

In addition to the steps which we take to safeguard your privacy and security, there are a number of steps you can take yourself:

  1. If you do write your password down (which we do not recommend), keep it somewhere safe and secure.
  2. When you have finished your session on CLEX or LD Extra, make sure that you prevent your details being seen by anyone that you do not wish to see them.
  3. If you have registered and logged in, remember to log off at the end of your session.
  4. Clear any ‘cache’ so there is no record of any transactions left on screen – both Netscape and Internet Explorer let you do this. We also recommend you then close your browser so any history of the session is cleared.
  5. As an extra precaution, your session on CLEX or LD Extra will ‘time out’ if you have not used the site for 60 minutes.

9. Disclaimer

Links to Third Party Websites

The Lyons Davidson Website, and “CLEX” Client Extranet and “LD Extra” Extranet Service may contain links to websites owned and operated by third parties. These links are provided for your information and convenience only and are not an endorsement by Lyons Davidson of the content of such linked websites. Lyons Davidson has no control over the contents of any linked website and makes no warranties or representations, express or implied, as to the accuracy or completeness of any of the information on such linked websites or as to the suitability or quality of any of their products or services. Lyons Davidson accepts no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.

If you decide to access any third party websites and make use of the information contained on them, and/or enter into any contract for the supply of goods or services from such third party, you do so entirely at your own risk.

Legal Advice

The information and opinions contained on this website are provided as a general guide only and are not intended to be construed or interpreted as legal or other professional advice. Such information and opinions should not, therefore, be relied upon or treated as a substitute for specific advice relevant to particular circumstances. For specific legal advice, please contact us through the Key Contact search for the section of the website relevant to your particular circumstances or for general queries, contact info@lyonsdavidson.co.uk.

Although Lyons Davidson endeavours to ensure that the content of this website is accurate, it makes no warranty or representation, express or implied, about the accuracy or completeness of the information contained on this website.

Lyons Davidson and/or any of its associated companies or business partners accept no responsibility for damage or loss, howsoever caused, arising directly or indirectly from reliance upon any information obtained from this website.

10. LDreach terms and conditions

LDreach is a free legal telephone helpline service provided by Lyons Davidson (“we” or “us”) available for new and existing clients (“you” or “caller”) of Lyons Davidson and the following terms & conditions shall apply to the relationship between you and us.

1. LDreach is open to take calls 24 hours a day, 7 days a week, 365 days a year.

2. LDreach covers the following areas of law in England & Wales:

  • Employment issues
  • Problems related to the sale and purchase of goods and property
  • Damage to property (land and goods)
  • Family related issues
  • Accidents and injuries
  • Wills and Probate
  • Landlord and Tenant

3. We are not authorised by the Financial Services Authority to provide advice and cannot advise you on any tax consequences of your enquiry or the merits of investment transactions or exercising investment rights or act as an arranger or broker of transactions. You should ask your accountant to advise on such matters.

4. Callers are requested to be ready with a concise summary of their enquiry and the legal question they wish to ask. We will, where possible and appropriate, provide initial basic information related to your enquiry on any of the above areas of law (in paragraph 2) based on what you tell us. If your enquiry relates to any other area of law, or work not normally undertaken by Lyons Davidson, or if there are other circumstances giving us reason not to give you information (for example, a conflict of interest), we are under no obligation to provide any information or advice.

5. When callers first contact LDreach they will be put through to our helpline reception team who will try to relay the call to an appropriate claims handler with experience of the subject in question. If at the time of your call, that person is engaged with another caller or otherwise unavailable, we will try to arrange to call you back when it is convenient to you and when we have had the opportunity to consider your enquiry. Should you contact us by mobile phone text message or email, we will call you as soon as possible when we have reviewed your enquiry.

6. We may ask you for information to help us with your enquiry. You must give us information we ask for as soon as possible, and tell us if you think it is not complete or accurate. It is also your responsibility to carry out any action that we suggest you should do. We will not be responsible for anything that happens because you have not done something we suggested you to do promptly.

7. Any information provided through LDreach is given as a general preliminary guide only and should not be relied upon as a substitute for formal legal advice given in the context of full information (including documentation) provided by you to us in a properly defined engagement. If you would like formal legal advice then please let us know (see paragraph 8 below).

8. Where we believe formal legal advice is required, we will tell you. We are able to refer you to one of our legal representatives at Lyons Davidson who will discuss next steps with you so you can decide if you would like Lyons Davidson to assist you further. You are under no obligation to use Lyons Davidson for further formal legal advice.

9. You should contact LDreach personally and not via a third party. If you are a director or other representative acting on behalf of a company, we are entitled to assume that you have been authorised by the company to call us. Any information given is provided to and for your benefit alone and not for the benefit of family, friends and other third parties. If you are a consultant or professional adviser, LDreach does not give information for you to pass on to your clients.

10. Information is given by telephone only and not in writing. Documents (including letters and other written communications) cannot be considered or drafted. We are under no obligation to take any action as a result of your call until Lyons Davidson is formally instructed in writing in accordance with paragraph 7. We may monitor e-mails in accordance with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.

11. The LDreach service is free. We cannot receive or deal with any funds for you or on your behalf.

12. Excessive use of LDreach is not permitted and may result in the service being withdrawn for particular callers. Telephone calls may be ended by LDreach if they are considered excessive e.g. over 30 minutes long or if an excessive number of calls are made. We reserve the right to withdraw LDreach from you or generally at any time without notice.

13. We search our records to protect you from conflicts of interest. Where a conflict arises or may arise (for example, where we find that your opponent is or has been our client), we may not be able to accept or continue to work on your enquiry.

14. We will not reveal confidential information about you or your enquiry to other people unless you agree. We may be required by law to reveal certain information about you to authorities such as the Police or HM Revenue & Customs in relation to matters such as tax, fraud and money laundering. In the unlikely event we may have to share such information with colleagues within Lyons Davidson and third parties, in this respect you agree to waive our duty of confidence to you and the ‘legal professional privilege’ that attaches to your communications with us and in particular to the communications between you and the person in Lyons Davidson handling your enquiry.

15. We shall not be responsible for any losses whatsoever suffered, sustained or incurred by you or any third party by reason of our compliance with obligations imposed on us by 1) The Money Laundering Regulations 2007 and/or 2) The Proceeds of Crime Act 2002 and/or 3) other legislation relating to or connected with the prevention of crime and/or 4) the instructions of any law enforcement agencies.

16. The Data Protection Act 1998 imposes obligations on us as we will obtain and process personal data relating to you. We are required to inform you that personal data we receive about you or from you about other persons may be processed by us in order to provide a service to you.

17. If a person requests in writing access to personal data relating to him or her which is processed by us we are legally required to grant such a request unless the data is legally privileged. The right of access includes the right to information on the purposes of the processing, the recipients, the source and substance of any disclosed data. If we are required to provide data in response to a request relating to your enquiry, the work involved will be treated as part of our services to you. We will inform you about our services from time to time unless you notify us otherwise.

18. All telephone calls made through LDreach shall be recorded for data protection and training purposes for a limited period of time which will depend on the nature of the enquiry. Unless you notify us in writing otherwise, you consent to the exclusive electronic storage by us (or by third parties on our behalf) of all such telephone recordings. You may request a copy of the telephone recording subject to a reasonable charge.

19. Our total liability in respect of breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with any information given to you through LDreach shall be limited in total to £2 million which covers claims of any sort whatsoever (including but not limited to interest and costs). This provision shall have no application to any liability for death or personal injury or any other liability for which exclusion or restriction is prohibited by law or to liability as a result of fraud or reckless disregard of professional obligations on our part.

20. We expect that you will receive an efficient and effective service. In the unlikely event of a problem arising or you being dissatisfied with the service provided, we have a comprehensive complaints procedure. If you wish to make a formal complaint you should contact our Complaints Partner, Michael Greybanks, at the address below.

21. If any provision of these terms & conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these terms & conditions and the remainder of such provision shall continue in full force and effect.

22. Failure or delay by either party in enforcing or partially enforcing any provision of these terms & conditions shall not be construed as a waiver of any of its rights under these terms & conditions.

23. Any waiver by either party of any breach of, or any default under, any provision of these terms & conditions by the other shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of these terms & conditions.

24. These terms & conditions are not intended to and do not confer any rights on any third party under the Contracts (Right of Third Parties) Act 1999.

25. The formation, existence, construction, performance, validity and all aspects of these terms & conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

26. We reserve the right to amend these terms & conditions at any time by updating this page and you are advised to check this page regularly as any updates will be binding upon you.

22. Online Dispute Resolution

As of 15 February 2016, consumers who have a problem with a trader regarding a product or service they bought online can attempt to settle disputes out-of-court through an Online Dispute Resolution (ODR) procedure. You can access the Online Dispute Resolution platform here.

LYONS DAVIDSON and LYONS DAVIDSON SOLICITORS are the trading names of LYONS DAVIDSON LIMITED, a company registered in England & Wales number 7592441. Our registered office is at:

43 Queen Square, Bristol, BS1 4QP
Telephone: 0117 904 6000
Fax: 0117 904 6006
Email: info@lyonsdavidson.co.uk
Web: www.lyonsdavidson.co.uk
VAT No. 138149461

We are authorised and regulated by The Solicitors Regulation Authority. The SRA Code of Conduct and professional rules to which we are required to adhere are available via the SRA website www.sra.org.uk

We use the word “partner” to refer to an employee or consultant who is a practising lawyer with equivalent standing.

Copyright © Lyons Davidson Limited 2017. All rights reserved

MARCH 2012