01785 249033 info@horsleylaw.co.uk

Privacy, Use and Complaints

 

TERMS OF USE

Horsley Law Website

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (www.horsleylaw.co.uk). Your use of this site constitutes acceptance of these Terms of Use as at the date of your first use of the site, and each time thereafter.

The information provided on this site is free of charge and for informational purposes only. By using this site, you accept the Legal Notices and Terms of Use set forth below, without limitation or qualification.  Horsley Law reserves the rights to change these Terms of Use at any time.

Horsley Law is the trading name of Horsley Holdings Limited, a company registered in England & Wales and limited by shares. Company Number 09667102. It is an Alternative Business Structure law firm regulated and authorised by the Solicitors Regulation Authority, SRA number 629429.

These are the Terms of Use which govern access to and use of the Horsley Law corporate website (“the website” (www.horsleylaw.co.uk). Our Privacy Policy explains how Horsley Law uses any Personal Data (as defined in the GDPR 2018/ DPA 2018 you transmit to Horsley Law and what your obligations are in relation to such Personal Data

Regulatory Information required by the Electronic Commerce (EC Directive) Regulations 2002

Registered Office Address for Horsley Law  :

Horsley Law registered office is:  Schott House, S3/4 Second Floor, Drummond Road, Stafford, ST16 3EL

Email: info@horsleylaw.co.uk

All general enquiries should be directed to the email address above.

The Terms of Use are governed by and construed in accordance with English law. You and Horsley Law each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising out of these Terms of Use or related to a visit to our website.

Disclaimer

We reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable for any loss or damage caused if for any reason our website is unavailable at any time or for any period.

Please note that you access and use the website at your own risk. Horsley Law is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the website. You are responsible for ensuring that all persons who access our site through your Internet connection are aware of these Terms of Use, and that they comply with them.

Horsley Law does not permit any third party to operate a link to the website nor does it permit any third party to frame the website without obtaining Horsley Law’s prior written consent.

Intellectual Property

All copyright and other rights (including database rights, trademarks (whether registered or unregistered) and all other intellectual property rights) in and to the website and its contents (which for the avoidance of doubt shall include all information contained in or available from the website such as text, graphics, case studies and logos (“the Contents”) are owned by or licensed to Horsley Law or are otherwise used by Horsley Law as permitted under applicable laws. Unless Horsley Law explicitly states otherwise in writing, you may use, view, download, copy or print the contents of the website provided that it is solely used by you for the purpose of enquiring about the services provided by Horsley Law and provided that you do not change or delete any copyright, trademark or other proprietary notices on such content. You must not modify the paper or digital copies of any materials which you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Under no circumstances may you use any Contents in a manner that may give a false or misleading impression of Horsley Law.

You must not use any part of the contents on our website for commercial purposes without obtaining a licence to do so from Horsley Law or our licensors.

You agree not to copy, reproduce, store in any medium (including in any other websites), distribute, transmit, modify, alter, disseminate, create derivative works from all or any part of the website or edit any part of the website other than as permitted above without obtaining Horsley Law’s prior written consent.

Specific Prohibitions

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the website nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website.

You agree to use the website for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use of the website by, any third party.

Legal Liability

The website and the content of the website are provided for general information purposes only and does not constitute legal advice. Whilst Horsley Law has taken every care in the preparation of the website and the content, Horsley Law cannot guarantee that the content will be completely up to date and free of errors. To the extent permitted by applicable law, Horsley Law makes no warranties, representations and/or undertakings (express or implied) in respect of the website and the content (including the accuracy, reliability, suitability, quality, availability or completeness thereof).

Horsley Law excludes all liability (other than for death or personal injury caused by its negligence) in relation to the website and the content, whether such liability arises in contract, tort, negligence, breach of statutory duty or otherwise (including, without limitation, liability in respect of any losses, damages, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature, such as loss of profits, data, business or goodwill). Horsley Law makes no claims or representations that any or all of the content may be lawfully viewed or downloaded outside England and Wales and unless otherwise specifically stated, the content and the website is directed solely at consumers and/or businesses who access the websites from England and Wales. Access to such materials may not be legal by certain persons or in certain countries. If you choose to access the website from outside England or Wales, you do so at your own risk and are responsible for compliance with the local laws governing websites and internet use.

Computer Viruses and Errors

Whilst Horsley Law will use reasonable endeavours to ensure that the website does not contain or promulgate any errors, viruses, bugs, other malicious code or harmful components and will be uninterrupted, Horsley Law makes no warranty or representation that this will be the case. However, it is recommended that you should virus check all materials downloaded from the website and regularly check for the presence of errors, viruses, bugs, other malicious code, and harmful components.

Horsley Law excludes to the fullest extent permitted by applicable laws all liability (other than liability for death or personal injury caused by Horsley Law’s negligence) in connection with any damage or loss caused by errors, viruses, bugs, other malicious code or harmful components originating or contracted from the website and any interruptions in the running of the website.

You must not misuse our site by knowingly introducing viruses, bugs or other material which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Termination

Horsley Law shall have the right to immediately terminate your use of the website if Horsley Law determines in their sole discretion that you have breached these terms and conditions or have otherwise been engaged in conduct which they determine in their sole discretion to be unacceptable.

 Further Information

If you require further information or have any questions regarding this policy, then please contact us at info@horsleylaw.co.uk

 

PRIVACY POLICY 

This is a statement of Data Protection Compliance adopted by Horsley Holdings Limited T/A Horsley Law for undertaking legal services for clients. 

Horsley Law will, whilst providing legal services, collect and use personal information which must be dealt with properly, in any manner that it is collected, recorded and used; whether on paper, in a computer, or recorded on other material. 

We regard the lawful and correct treatment of personal information by the company as critical in maintaining the confidence of our clients; we therefore treat personal information lawfully and correctly.  

We therefore strictly abide to the Principles of Data Protection, as set out in the Data Protection Act 2018 (DPA) and the General Data Protection Regulations 2018 

Specifically, the Principles require that personal data: 

  • Shall be processed fairly and lawfully and, in particular, shall not be processed unless at least one of the conditions of schedule 2 DPA are met, or in the case of sensitive personal data, at least one of the conditions in Schedule 3 DPA are met.  
  • Shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes 
  • Shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed 
  • Shall be accurate and, where necessary, kept up to date 
  • Shall not be kept for longer than is necessary for that purpose or those purposes 
  • Shall be processed in accordance with the rights of data subjects under the Act 
  • Shall take the appropriate technical and organisational measures  against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. 
  • Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
  • Share client data with third parties to secure litigation funding

 Cookies: 

A cookie is a simple file text that is stored on your computer or a mobile device by a website’s server and is unique to your web browser. This helps the website improve your user experience by enabling that the website remembers you, it may store your login details, and help with the interaction between you and the website.  

 We understand that some people find cookies intrusive and therefore it is possible to block or delete cookies, should you prefer. 

 Data processing of Client information: 

The information collected will be used in accordance with applicable laws for the following reasons 

  • To provide you with our legal services 
  • Legal compliance requirements 
  • For internal analytical review to improve our services 
  • Share non-personal information with third parties for statistical data only.
  • Share client data with third parties to secure litigation funding

We do NOT:

  • Disclose personal information to other third parties outside the legal process of your case. 
  • Hold your bank details.

Data Security:

At Horsley Law we strive for the very best in information security. Our online and case management systems include: 

  • Industry standard software protection from cyber attack 
  • All emails and data are encrypted to level 256-bit 
  • Data is subjected to vulnerability management process, actively scanning for security threats, using the very latest spam, antivirus, malware and ransomware software available.  
  • Once screened, data is stored in a Tier 3+ 2N UK data centre, which has 24 hour physical manned security on the site.  
  • All data centres are ISO90001:2008, OHSAS 18001:2007 and ISO/IEC 27001:2005 compliant and accredited.  
  • Network security is provided by Juniper and Cisco industry standard firewalls.  
  • All Horsley Law staff undergo security clearance checks and training.   

 Privacy modifications and contact: 

This page holds the updated version of our privacy policy. As with all good policies, there are changes and improvements on occasion. Please use the contact form should you wish further information.  

COMPLAINTS INFORMATION

Our goal is to provide to you a good service. Of course, on occasion, problems can arise. Should you at any point in time be unhappy with our service you have the right to make a complaint.

The first step is for you to write to us explaining why you are unhappy. Any such letter or email should be marked for the attention of Ashley Cocker. ashley.cocker@horsleylaw.co.uk

He is the partner responsible for dealing with complaints. He will reply to your letter by sending to you a copy of our complaints procedure and will explain the next steps.

Further, you have the right to complain to the Legal Ombudsman. The Ombudsman's contact details are: Telephone 0300 555 0333; email enquiries@legalombudsman.org.uk; web site,www.legalombudsman.org.uk; by post PO Box 6806, Wolverhampton WV1 9WJ. There are time limits for making a complaint to the Ombudsman. From 01 April 2023, the Legal Ombudsman expects complaints to be made to them within a year of the date of the act or omission about which you are concerned, or within a year of you realising there was a concern.  The Legal Ombudsman will require you to refer your concerns to them within six months of our final response to you.

Alternatively, we are regulated by the Solicitors Regulation Authority, whose contact/ website details are www.sra.org.uk/consumers. You may choose to contact them.

 

Complaints policy and procedure

1.1. Definition of complaint:

1.1.1. The Law society describes a complaint as being any expression of dissatisfaction. Traditionally law firms have only considered a formal complaint by letter or email as a complaint, and this concept is widely criticised.

1.1.2. At Horsley Law, any expression of dissatisfaction shall be considered a complaint and investigated.

1.1.3 Complaints may come from individual clients, as well as businesses, third parties or clubs and societies.

 1.2 Complaints mandate:

1.2.1. Horsley Law takes any complaint extremely seriously.

1.2.2. All complaints shall be fully investigated by a director in a manner which is:

Thorough:

Expeditious:

Sensitive to the client.

1.2.3. The complaints procedure is available on the Horsley Law website.

 1.2.4. The details of who a client can complaint to will be detailed within the initial client care letter.

 1.2.5. Where an investigation into a complaint shows a breach of Horsley Law’s client care policy by a staff member, then the disciplinary procedures will be adhered to.

 1.3. How to make a complaint:

1.3.1. To start a complaint, a client or third party can either:

Use the contact facilities on the Horsley Law on the website.

Contact the file handler direct by email.

Contact the complaints manager direct by email.

Contact head office either by email or telephone.

 1.3.2. The complaint should identify who they are, their involvement (if any) with a case, and details of the complaint.

 1.4. Procedures of investigating a complaint:

1.4.1. Once a complaint has been made, a director will be responsible for the investigations.

1.4.2. Within 24 hours the director will:

1.4.2.1. Acknowledge the complaint and confirm that a director is investigating the matter.

1.4.2.2. Carry out an interview with the fee-earner and supervisor (if appropriate and possible to do so).

1.4.2.3. Decide what steps should be taken which may include:

Changing file handler.

A review of procedures

Training

Disciplinary action

 1.4.3. The investigation must not interfere with the day to day running of the file or result in any delay.

 1.4.4. Where appropriate, the file shall be handled by the supervisor during the investigation period.

 1.4.5. Once the investigation is completed, the director should contact the complainer (where possible) to discuss the outcome. The matter will be dealt with in accordance with our client care policy.

 1.4.6. The investigation should be completed using the Complaint Investigation form.

 1.5. Escalation of Complaints to the Legal Ombudsman (LeO)

 1.5.1. If a complaint is not resolved within eight weeks, then Horsley Law must notify the client that they have the right to escalate the complaint to the LeO.

 1.5.2. The LeO may require the client to complete a complain form.

 1.5.3. The LeO will ordinarily attempt to resolve the complaint informally.

 1.5.4. If this is not possible, then a formal investigation will be carried out. Both the client and the company will have the opportunity to provide details of the complaint.

 1.5.5. The LeO will then provide a provisional decision known as an assessment. If both parties agree then the complaint will be deemed as resolved.

 1.5.6. Where parties disagree with the provisional decision the LeO will make a final determination. If the client accepts the final determination then this will be binding.

 1.5.7. If the client does not accept the final determination then the client may take legal action.