Legal and regulatory information

 
  • Leeds Day is a trading name of Leeds Day LLP, a limited liability partnership registered in England & Wales with Company number OC424623, whose registered office is at Godwin House, George Street, Huntingdon PE29 3BD - authorised and regulated by the Solicitors Regulation Authority 655766. Reference to “Partner” is reference to a Member of the LLP. A full list of Members is available for inspection on our website and at our registered office. Where we use the title “Salaried Partner” this does not relate to a Member of the LLP. Salaried Partners are employees only of the LLP.

    We are regulated by the Solicitors Regulation Authority (SRA Regn. number 655766) and subject to rules and principles of professional conduct. To see the codes go to: SRA Code of Conduct page

    Leeds Day does not accept Service by email.

  • The contents of this website and the documents on it are provided for general information purposes only. Whilst we endeavour to ensure that the information on the website is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission.

    Except for personal injury or death caused by our negligence, we shall not be liable for any damage (including, without limitation, damage for loss of business or loss of profits) arising in contract, tort or otherwise from the use of, or inability to use, this website or any material contained in it, or from any action or decision taken as a result of using this website or any such material.

    While we aim to keep this website up to date some material may quickly become out of date. We recommend that before relying on any information on the website, you contact Leeds Day Solicitors.

    We endeavour to ensure that this website is available 24 hours a day, but we will not be liable if for any reason the site is unavailable at any time or for any period.

  • The copyright in all material on this website is vested in Leeds Day solicitors unless stated otherwise.

    You may print/download information from it for your personal use only, subject to Leeds Day Terms and Conditions of Use.

    Do not reproduce any part of this website on any other website without our prior consent.

  • This firm maintains professional indemnity insurance in accordance with the rules of the Solicitors Regulation Authority. Details of the insurers and the territorial coverage of the policy are available for inspection at our offices.

  • The content of our website pages, documents and guidance notes and content are the copyright of Leeds Day (© Leeds Day 2022). Reproduction of part or all of the contents in any form is prohibited other than in accordance with express permission.

    The copyright in some of the document content made available under our service may belong to third parties. In particular, Court forms are Crown copyrighted. Such material may only be used in accordance with the Crown’s Open Licence conditions of use which may be viewed at: www.nationalarchives.gov.uk/doc/open-government-licence/.

  • Leeds Day LLP is committed to respecting the privacy of all visitors to its website and of its clients and contacts. You are invited to read the following privacy & cookie policy to understand how we protect and use and the information that you provide to us or that we retain about you. This will help you to understand what your rights are in relation to information that we hold.

    This policy applies to information about living identifiable individuals only.

    Information gathered from our website

    You may choose to provide personal information to us when you register on our website to ask us to contact you or sign up for our eNewsletter. You may be asked to provide information about yourself including (but not necessarily limited to) your name, title, postal address, telephone number and/or email address.

    Information gathered for legal work

    If you request an estimate of costs for legal work, are provided with any initial advice or become a client of Leeds Day LLP, we will also need to obtain information to confirm your identity, including your name, title, postal address and date of birth, information in relation to your matter and current circumstances, together with normal contact details for you and any other parties in the matter. The information that we need will be explained to you by our lawyers and/or set out in our client contact letter, depending on the nature of your matter.

    Information gathered automatically

    We may also collect information automatically about your access and usage of our website using cookies and other analytical technology. Full details of our data collection methods are included in the ‘Cookie’ section below. We will use your IP address, which is a numeric code that identifies a computer on the internet, to collect internet traffic data and information on your browser type and computer. If you do not wish to receive cookies, you may reject them by amending your browser settings, unless they are required for the delivery of our website or services to visitors.

    Information gathered from third parties

    Additionally, we may obtain information about you from legitimate third parties, including estate agents, accountants, banks, surveyors, medical professionals, courts, regulatory bodies and other advisors or specialists that are related to your matter. Our clients and matter contacts may also provide us with information about you, where you may be involved in a transaction or dispute with one of our clients or have a defined connection to them, including being a tenant or employee of a client.

    How does Leeds Day LLP use your information?

    We will use your information for the specific purpose(s) for which it has been provided or collected by us, including:

    • to provide information that you may request regarding the services we offer, including whether we can assist with related legal advice

    • to contact you to introduce our legal services and specialist lawyers

    • to provide our clients with legal services including referrals to other specialist advisers both in the UK and overseas, as appropriate

    • to comply with our statutory and regulatory obligations

    • to verify your identity for anti-money laundering purposes

    • to deal with any feedback, queries or complaints that you may have

    We may also use the information that we collect about you for marketing and business development purposes, including:

    • to provide information about Leeds Day LLP and the services we provide, which may be of interest to you, by sending you newsletters

    • to provide you with updates on relevant areas of law and practice

    • to contact you about other activities and events that we may undertake

    Information gathered by cookies and similar analytical technologies are used to measure and analyse information on visits to our website, to update the website to improve the visitor experience and to improve technical performance. We will not use the data to identify you personally or to make any decisions about you.

    Furthermore, we may use your information to administer, support and improve our business generally and to enforce our legal rights.

    Legitimate grounds for processing your information

    We must have a lawful basis for processing your information. This will vary depending on the circumstances for obtaining your information, but will typically include:

    • the activities are within our legitimate interests as a law firm seeking to engage with and provide services to prospective and current clients

    • you have given consent for us to process your information in relation to our marketing activities

    • we are completing necessary steps in relation to a contract to which you are a party or prior to you entering into a contract with Leeds Day LLP, because you wish to instruct us to carry out legal services for you

    • the processing is necessary for compliance with legal obligations that we are subject to, including confirming your identity under our anti-money laundering requirements which may require the completion of electronic ID checks

    • to protect your vital interests, if you were to fall ill or suffer an injury on our premises

    If we legitimately process any special categories of information, which may reveal racial or ethnic origin; political opinions; religious or philosophical beliefs or trade union membership; processing of genetic or biometric data for the purpose of uniquely identifying individuals; health data or data concerning your sex life or sexual orientation, we must have a further lawful basis for the completion of the processing activities, which may include:

    • where you have given us your explicit consent to do so

    • where the processing is necessary to protect your vital interests or someone else's vital interests

    • where you have made the information public

    • where the processing is necessary for the establishment, exercise or defence of legal claims

    • where the processing is necessary for reasons of substantial public interest

    Marketing

    If you become a client of Leeds Day LLP, we may use your personal information to send you information that we think may be of interest to you or your business. This falls within our legitimate interests as a law firm to use your information for marketing purposes.

    You will be given the opportunity to confirm whether or not you wish to receive direct marketing materials and communications from us, either at the time you provide your details and/or within the marketing communication itself.

    At any point, if you change your mind about being contacted by us, or any of your personal details change, or you believe that any information we hold about you is either inaccurate or out-of-date, please contact us by emailing marketing@leedsday.co.uk or writing to us at Leeds Day LLP, Godwin House, George Street, Huntingdon, Cambridgeshire, PE29 3BD. Alternatively, you can call us on 0844 567 2222.

    Disclosure of your information

    We may also transfer your information to other organisations or professional advisers with whom we are working on client matters or to whom we are referring you for additional or separate advice.

    Additionally, we may be obliged to disclose information under certain laws, by order of court or other competent regulatory body or may be permitted to disclose it under applicable data protection laws.

    Finally, if Leeds Day LLP merges with another business entity, divests part of its business or carries out internal corporate restructuring, your information may be disclosed to Leeds Day LLP's new business partners or owners or the new corporate entities.

    We will take all reasonably practicable measures to ensure that your data is treated securely and in accordance with this privacy policy.

    Protection of your information

    We have implemented relevant administrative, technical and physical controls for our website, which are designed to mitigate the risk of loss, misuse, unauthorised processing or disclosure of the personal information that we hold.

    Where we transfer information to third parties to enable them to process it on our behalf, we ensure that these third parties can meet or exceed relevant legal or regulatory requirements for transferring and securing information under their control.

    We will also ensure that where information is transferred to a country or international organisation outside of the UK / EEA, we will comply with the relevant legal rules governing such transfers.

    We will retain your personal information for no longer than necessary for the purposes that it was collected. Details of our information retention policy is available upon request. Our client care letter and associated terms of business includes details of how we keep clients’ personal information secure, including details about their tenants, employees, third parties or similar individuals, as appropriate. Our processes satisfy the requirements of the ISO27001:2013 standard, in relation to our Information Security Management System (ISMS).

    Your rights

    You have certain rights in relation to your personal information. However, these rights do not apply in all cases or to all information that we hold about you. In certain circumstances, we may need to continue to hold and process information to establish, exercise or defend our legal rights. Additionally, your rights may not be enforceable until the EU General Data Protection Regulation 2016 (GDPR) comes into force on 25 May 2018.

    You have the right to request that we:

    • Provide you with a copy of the personal information that we hold

    • Update your personal information where it is incorrect or out-of-date

    • Delete personal information that we hold

    • Restrict the way in which we process your information

    • Consider any valid objections to our processing of your personal information

    • Provide information you have given to us to a third-party provider of services, where our lawful basis for processing is consent and where processing is automated

    We will respond to your request, including providing information on whether the rights apply in the particular circumstances, within the statutory time period. If we are unable to confirm your identity, we may require you to provide further information in order for us complete verification of your identity.

    Changes to this policy

    We may make changes to this policy from time to time as our business, internal practices or applicable laws change. We will not make any use of your personal information that is inconsistent with the original purposes for which it was obtained or otherwise than is permitted by applicable law. If we intend to use your information for any other purposes, we will notify you in advance, wherever possible.

    How to contact us

    If you would like to contact us to discuss this policy or how we use your personal information, to exercise your rights, to provide feedback or make a complaint about use of your information, please contact us as follows:

    Lee Bailham – Partner and Data Protection Officer

    lee.bailham@leedsday.co.uk or 0844 567 2222

    Leeds Day LLP, Godwin House, George Street, Huntingdon PE29 3BD

    You can also contact the Information Commissioner's Office for information, advice or to make a complaint. The ICO can be contacted online at https://ico.org.uk

    Cookies

    Cookies, including browsers or tracking cookies, are small text files that are added to your computer when you visit a website. They help websites to perform certain functions, including knowing who you are if you log into a restricted part of a website and for tracking purposes.

    At Leeds Day we use the following cookies:

    Google Analytics

    We use Google analytics cookies on the website for tracking purposes. The cookies allow us to understand general traffic to our website, including the number of visitors and length of time on the website. This process collects anonymous data to help us develop the website, make improvements and enhance the user experience.

    Privacy Preferences

    We use a tracking cookie, which is added to your computer to remember your cookie preferences, including whether you have allowed or disallowed them.

    Client Services

    For areas of our website that are password protected, an essential cookie is added to your computer, which is then automatically deleted after your session has ended.

    Manage cookies

    Shortly after arriving at our website, we will add an 'opt-in' tracking cookie to your computer unless you specify otherwise. If you would like to opt-in or opt-out of using cookies, you can amend this by altering your browser settings. You can review your cookie settings at any time.

    If you do opt-out then an opt-out preference cookie will be added to your computer, however if you delete all your cookies or use a different device then you will need to set your cookie preference again. If this is your first visit and you navigate away from this page without specifying your cookies preference then an 'opt-in' tracking cookie with be added to your computer.

    Please note that you cannot opt-out of the deployment of cookies that are necessary for delivery of our website or services to visitors.

  • The documents and guidance notes are for use only within the jurisdiction of England & Wales. These conditions, which represent the entire agreement between you and us in relation to your use of our website, are regulated by English law and any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) shall be settled within the exclusive jurisdiction of the courts of England and Wales.

  • We are committed to providing a high-quality legal service to all our clients. When something goes wrong we need you to tell us about it. This will help us to improve our standards.

    We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided then you should inform us immediately so that we can do our best to resolve the problem.

    In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues at this stage. If you would prefer not to contact the person handling your case you can speak to their supervisor. The supervisor’s name can be found in the client care letter sent to you at the outset. If you would like to make a formal complaint then you can read our full complaints procedure below. Making a complaint will not affect how we handle your case.

    Our procedure in relation to client concerns

    You have contacted us with your concerns. We will now follow the procedure set out below.

    What will happen next?

    The Practice Manager (or in her absence the Client Care Partner) will send you a letter acknowledging your concerns within 3 days of receiving your letter. In that letter she will give you the name of the person who will be looking into matters for you. It is the role of the Practice Manager to ensure that the Firm’s procedures are followed rather than investigate matters on your behalf.

    We will record your concerns in our central register and open a file.

    We will then start to investigate your concerns. This may involve one or more of the following steps:

    We may initially ask the member of staff who acted for you to reply to your concerns;

    We may examine their reply and the information in your file. We may then ask them for more information. Alternatively the person allocated to investigate your concerns may send you a detailed reply to your concerns including our suggestions for resolving the matter. If it is felt appropriate we may invite you to meet the Supervising Partner to discuss and hopefully resolve your concerns. We will do this as soon as we receive all the details we need from the member of staff who acted for you.

    Timescales

    Our timescales for a response are dependent upon the nature of the concern that you have raised and whether the file has been closed. If the file has been closed we will need 5 working days to retrieve it from archive.

    Once we have the file we will contact the member of staff who acted for you. If they are no longer with the firm for whatever reason we may try to contact them to assist in our understanding of the work carried out on your behalf. Former employees will be given 14 days to respond. If we do seek the assistance of a former member of staff we will write to you at that stage to inform you that we are taking that step as it affects the timescale in which we will be able to respond to you.

    If we invite you to meet the Supervising Partner we will do this either:

    • Within 14 days of sending you an acknowledgement letter (where the file is still open);

    • Within 19 days of sending you an acknowledgement letter (where the file has been archived);

    • Within 30 days of sending you an acknowledgement letter where we have to contact a former member of staff

    The purpose of this meeting will be to greater understand your concerns. You may decline the meeting and this will not affect how we answer your concerns (as we understand them).

    We will write to you within 3 days of any meeting to confirm what took place and any solutions we have agreed with you.

    If your concern includes a request for repayment of fees paid or other monetary compensation then we may need up to 3 months from the receipt of your concern in order to reply fully. We may gave an initial response and assist on any urgent action that needs to be taken at our discretion.

    If we write to you without inviting you to a meeting with the Supervising Partner we will do this within 30 days of sending you an acknowledgement letter.

    At this stage, if you are still not satisfied you can write to us again. We will then arrange to review our decision. This will happen in one of the following ways:

    • The Supervising Partner will review their own decision.

    • We will arrange for someone in the firm who has not been involved in your concerns to review it.

    • Mr Simon Thomas, our Compliance Officer for Legal Practice, will review your concerns.

    We will let you know the result of this within 28 days of receiving your request for a review. We will also give you the name and address of the Legal Ombudsman. Any complaint to them must be made within 6 months of the date of our final decision. If we have to change any of the timescales above we will let you know and explain why. If you are still not satisfied, you can contact them about your concerns.

    Legal Ombudsman

    The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case.

    Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have then you must take your complaint to the Legal Ombudsman:

    • Within six months of receiving a final response to your complaint;

    • No more than six years from the date of act/omission; or

    • No more than three years from when you should reasonably have known there was cause for complaint.

    If you would like more information about the Legal Ombudsman please contact them.

    Visit: www.legalombudsman.org.uk

    Call: 0300 555 0333 between 9.00 am to 5.00 pm

    Email: enquiries@legalombudsman.org.uk

    Legal Ombudsman

    PO Box 6806

    Wolverhampton

    WV1 9WJ

    The Solicitors Regulation Authority

    We are authorised and regulated by the Solicitors Regulation Authority (Authorisation no. 70173 ). If you have a complaint about our behaviour, particularly in relation to dishonesty, financial wrongdoing or discrimination the SRA may be able to help you. Further information is available at: https://www.sra.org.uk/consumers/problems/report-solicitor.page and they may be contacted at Solicitors Regulation Authority, The Cube, 199 Wharfside Street, Birmingham, B1 1RN.

  • In accordance with the Solicitors Regulation Authority’s Accounts Rules Leeds Day LLP is required to account to its clients for a fair sum of interest on money held by us in our Client Account when it is fair and reasonable to do so.

    The holding of client money is incidental to the carrying out of clients’ instructions. In addition, we are required to hold client money in an instant access account to facilitate transactions. As a result, the rates of interest paid under this Policy are unlikely to be as high as those obtainable by individuals, particularly when regard is had to the fact that we must have instant access to monies that we hold.

    Interest will be paid where:

    • the amount calculated on the balance we hold exceeds £100.00. Where money is held in relation to separate matters for the same client we will treat each matter separately unless the matters are so closely related that they should be considered together; AND

    • any balance held for you is for a period of at least 3 complete months.

    Interest will not be applied to:

    • money held in our client account on account of costs or disbursements (expenses);

    • money held for transactional matters (such as conveyancing sales and purchases including contractual retentions and deposits) under £2m;

    • money held in our client account in respect of which you have notified us that you do not wish to receive interest for religious or philosophical reasons; or

    • money held in our client account in respect of which you have come to a different arrangement with us by way of a written agreement.

    Where client monies are held in our General Client Account we will pay interest without deducting tax at source. Our clients will be responsible for declaring any interest to HM Revenue & Customs. Where client monies are held in a Designated Deposit Account interest will also be paid gross of Basic Rate Income Tax. You may need to declare the amount of any interest received for tax purposes.

    Interest will be calculated on a daily basis. We will pay a fair sum in lieu of interest. For monies held in our General Client Account, interest will be based on the interest rate given to us by our Bank (currently 4.45%) minus 2.55%. If the rate of interest given to us by our Bank falls below 1%, no interest will be paid. The rates applied may be reviewed and changed without notice.

    Interest will be calculated on cleared client funds. In the case of cheques received, this will be seven days after the cheque has been deposited with our Bank and, for amounts received in cash or via Credit or Debit Card, Standing Orders, BACS and CHAPS interest will accrue from the day after receipt into our Bank Account. Where Leeds Day LLP issues cheques from Client Account, interest will be calculated to the date upon which the cheque is drawn.

    We will normally account to clients for interest at quarterly intervals. This does not affect the period for which interest is calculated in accordance with the provisions of this policy.

    Clients may contract out of receiving interest by signing a written agreement to that effect with us. It is our responsibility (through the implementation of this policy) to ensure that you have been provided with sufficient information at the outset of the matter to enable you to give informed consent to this process.

    This Interest Policy, including the de Minimis limit of £100.00, will be reviewed periodically, particularly if changes are made to the Bank of England’s Interest Rate.

    Complaints regarding this Interest Policy and the amounts of interest paid should be directed to our Practice Manager. If this does not result in a satisfactory resolution then clients may be entitled to refer the matter to the Legal Ombudsman, details of which are: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ.