Terms Of Business and ‘No Win, No Fee’ Agreement
Your EC Regulation 261/2004 compensation claim.
This document is intended to give you some general information regarding our firm and to explain to you our terms of business and the standards you can expect from us in dealing with your matter.
It is a requirement that clients are given detailed information at the outset of a case regarding costs, procedure, and other important matters as follows: Butterworths Solicitors (the Firm) are authorised and regulated by the Solicitors Regulation Authority No: 76501
Responsibility for Work
Your claim will be handled by our Civil Litigation Department, supervised by Anthony Butterworth, the Senior Partner of the Firm, in conjunction with the Aviation Claims Team, supervised by Richard Butterworth, a Senior Manager of the Firm. The Work following detailed consideration of your case by our Aviation Claims Team, we will send an initial 28-day legal letter requesting the compensation amount from the airline. Thereafter, if we have not received a response, or have received another negative response, from the airline, then we may send further correspondence to the airline either to prompt a response or provide further details and/or evidence. This stage can take up to 12 weeks to complete. Once this has been completed we will then review your case as to whether your case has reasonable prospects of success if we were to commence legal proceedings in your name and on your behalf.
The issue fee incurred for this action will be payable by Butterworths but only if your claim has reasonable prospects of success. If we do commence court proceedings you will be notified before this action takes place and we will seek to recover the compensation amount due under EU Regulation 261/2004, any additional ancillary costs and the Statutory Interest due from the date of the delayed flight. Where mediation applies, we will represent your party and will discuss any offer that is not the amount you are entitled to under the regulation 261/2004. If your claim does lack reasonable prospects then we will either close your claim or place your file on hold, pending further information relating to your claim, from either you, the airline, courts or any other relevant party. Lack of reasonable prospects of success means that your claim has a 50% or less chance of being successful. You will be kept informed at each stage of the claim process by e-mail, or where necessary, telephone or letter. We aim to update you immediately after each action, however, if you wish for an update on your claim you may call us on 01228739907 quoting your reference, or email us and place your reference within the subject line of your email. Any email received by you is aimed to be dealt with within 48 hours depending on the level of work at that present time.
Butterworths Solicitors operate a fee sharing agreement with Five Minutes Spare. We act on a strictly ‘no win, no fee’ basis as agreed, in the event of success, to pay us a proportion of the compensation amount (25%) recovered as well as an admin fee of £25, plus VAT on the overall figure. If your case is litigated through either the European small claims procedure (ESCP) or the domestic small claims court upon success Butterworths will also retain, Court costs awarded and recovered disbursements (such as Court issue fees which we may have paid on your behalf). If you do not wish Butterworths Solicitors to act on this basis, then you must inform us, immediately, in writing, by telephone or e-mail. Upon success, you will receive the full compensation amount originally claimed, less the fee (plus VAT), that you have agreed. Solicitors Code of Conduct – We comply with the Code. We would refer you to www.sra.org.uk where you can obtain a copy of the Code. If you require a hard copy please do not hesitate to request a copy from us.
Professional Indemnity Insurance
Our Professional Indemnity Insurance Certificate is available for inspection at our office.
Client Care and complaints procedure
We aim to offer all our clients an efficient and effective service, and I am confident that we will be able to do so. We value your instructions and would not wish to think that you have any reason to be unhappy with us. However, should there be any aspect of our service with which you are unhappy, please contact Richard Butterworth, in writing to this office, or by e-mail to Richardb@butterworths-solicitors.co.uk. Your complaint will be handled promptly, fairly and effectively in accordance with our Complaints Procedure. This can be located at the end of this document. If we are unable to resolve your complaint, you have the right to refer your complaint to the Legal Ombudsman, at PO Box 6806, Wolverhampton, WV1 9WJ, telephone number 0300 555 0333 to consider the complaint. We confirm that we will deal with any information provided by you in accordance with the Data Protection legislation. As part of the regulation of the profession as a whole, there are times where we may be required to produce client files to assessors as part of an audit or quality check. In the event that you do not wish your file to be reviewed as part of this process, please confirm this in writing.
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the date of agreement of the contract. this is in line with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If you wish to cancel please either request in writing by email to Flightclaims@butterworths-solicitors.co.uk or by phone by calling 01228 739 907