Brian Hudson Ltd – McKenzie Friend Terms of Business
Brian Hudson Ltd (BHL) McKenzie Friend service (the Service) does not provide legal advice nor do we have trained or qualified lawyers. BHL provides the Service to litigants in person who are involved with, or may be contemplating becoming involved with the Family private proceedings. BHL are not personally responsible or liable for decisions made by the client, the court or other parties or the resultant actions of the client, court or other parties.
An initial free phone/zoom call or similar consultation with BHL is not considered as legally binding or a provision of legal advice. The enquirer understands this is a process to share information and discuss their situation, options and choices.
Any decisions or actions taken by the caller as a result of this initial free conversation are at their full responsibility and not that of BHL.
If you require advice as to the legal merits of your application or case please seek out legal advice from a qualified regulated solicitor. You can at any time seek legal advice from any qualified and professional legal advisor during your engagement with BHL and where requested to do so BHL may refer you to legal professionals or other professionals who may benefit your case but you are expected to carry out your own due diligence in such circumstances to determine their suitability to assist you.
By emailing BHL at our email address (bh@brianhudson.uk) confirming your request for service provision you agree to our Terms and conditions, Privacy Policy and Confidentiality Policy and that you have read these terms and conditions.
BHL reserves the right to withdraw, suspend or cease to provide the Service at any time and for any reason, if we decide you are not someone we can support or continue to support (BHL has a policy and procedure in place in the event that it becomes clear that support of the client is no longer appropriate due to safeguarding, ethical or criminal issues).
Fee Structure and Payment of Fees
The following standard conditions of engagement apply to all work and assistance carried out by BHL unless specifically amended in writing by BHL prior to the commencement of the work.
The client is the person, company, or other body who instructs BHL to carry out the work. The contract is between the Client and BHL.
1. The extent of the fees to be charged and the services to be provided will be agreed in writing, subject to availability, prior to the commencement of any services.
2. Additional fees will be chargeable, on an hourly and pro rata hourly basis, for any further work, changes to the agreed or requested assistance or alterations/modifications to completed work. Such additional fees will be drawn to the client’s attention before such work is undertaken.
3. BHL will make every effort to meet the agreed timescales for support services but cannot accept any responsibility for delays due to court cancellations or for any other professional and any subsequent consequential costs however caused.
4. It must be recognised that cases can over run or change course, and as stated above can be cancelled. BHL may have prior case commitments which they cannot change or cancel and therefore be unable to attend court hearings or newly determined court dates. Similarly, support for your case may be subject to illness or unforeseen appointment responsibilities. In these instances BHL may be unable to attend hearings. Therefore, attendance at court is subject to availability and circumstances. BHL will always assist the litigant in person to find another McKenzie Friend to assist them: one who has adequate knowledge and experience in relation to the type of case. Where BHL is unable to attend a previously agreed hearing the clients fees will be reimbursed or held in credit in respect of future work at the clients discretion.
5. Invoices will be rendered at different stages of the support package. All fees are subject to the addition of VAT at 20%.
i. In the case of completion of court documents, preparation of statements and support prior to the First Hearing.
ii. In the case of all support/attendance at court hearings then an invoice will be issued and must be paid 5 working days prior to the date of court attendance.
iii. In the case of subsequent support through preparation for Finding of Fact Hearing, Dispute Resolution Appointment, subsequent hearings and Final Hearing an invoice will be issued.
iv. In the case of attendance at all further hearings then an invoice will be issued and must be paid no later than 5 working days prior to the date of attendance at court.
v. In all other cases, by agreement which may include the invoice being rendered monthly on a lump sum or time charged basis, or on another agreed staged payment basis.
6. Travel expenses are charged at 50% of the hourly rate, plus the cost of the transport at cost.
7. Any fees payable to the courts or other consultants including expert witnesses that may be necessary to progress your case, will be excluded from BHL fee agreement and are payable directly by yourself, the client.
8. Payment for mentoring and case preparation work is collected in advance of work being undertaken and is held on account, invoice will be drawn against monies on account and a timesheet detailing work that has been undertaken will be provided along with each invoice. When funds deplete to £200 or below, clients are required to top up money on account for work to continue, unless the case is about to be conclude and it is estimated that no more than £200 (including VAT) will be required to complete the remaining work.
9. BHL are unable to offer clients credit or to bill in arrears.
10. Any costs incurred in pursuing unpaid invoices beyond the due date (including collection agency fees, court costs and any legal fees etc.) will be added to the outstanding amount and will be payable by the client.
11. The litigant in Person is free to terminate their request for services at any time and for any reason. The litigant in Person is asked to give notice in writing. All fees incurred until that point will still be payable, including a cancellation fee of £100+VAT for any pending court dates agreed.
Mentoring Services - Disclaimer
The Client recognises that the purpose of providing mentoring is to help them with their decision making process and not to provide advice on decisions they may take.
The Mentor is not responsible for the accuracy or completeness of any information provided to the Client. You are advised to take suitable independent professional advice before acting on any information, suggestion, or guidance given by the Mentor.
The Mentor will not, in any circumstances, be liable to you or to any third party for any loss, damage, cost or other liability which occurs as a result of, or in connection with providing mentoring services to you.
Client Confidentiality
The Company; Brian Hudson Ltd (BHL) is registered with the Information Commissioner's Office. We ensure that all information is stored confidentially and in adherence to the processing and protection of data requirements and GDPR.
We will maintain client confidentiality at all times, with the exceptions below:
We may discuss details of cases with appropriate professional organisations if we consider a child or children are, or could be, at significant risk of harm. By agreeing to request the services of BHL, you acknowledge that these safeguarding measures will be put into effect in the event of serious concerns for a child or children.
At this stage BHL would terminate all services provided or due to be provided to you as it would be deemed inappropriate to continue either to provide any further services or engage in any dialogue about our concerns and issues raised around risks to children.
BHL may deem it necessary to share information to the appropriate professional organisation if there is a likely risk of significant harm to yourself or any other person.
We may also share information without consent to other professional agencies if we feel that it is proportionate and required where a crime has been committed or believed to be committed.