Terms & Conditions – McKenzie Friend, Lay Advocate, Litigant in Person
These Terms & Conditions are owned and operated by Smithson Solutions trading as Daniel Picave. (“Daniel Picave”, “the organisation”, “we”, “us”) of 65 Linton Heath, Linton, Derbyshire, DE12 6PD. Email: email@example.com
Reliance on Information and/or Advice
Daniel Picave is not a regulated law practice. The organisation does not act as solicitors or barristers and does not represent a client in the same way that solicitors and barristers do. Daniel Picave provides a McKenzie Friend and/or lay advocate service (the Service) to litigants in person (either individuals or small and medium sized enterprises) who are involved with, or may be contemplating becoming involved with, Family Court or Civil Court processes.
Employment Tribunals (ET) are independent tribunals, administered by HM Courts & Tribunals Service. The procedure rules for ET are different to Civil Procedure Rules and a County Court. A claimant at ET may appoint a representative to act as an agent. In such circumstances Daniel Picave may act as an agent on the client’s behalf.
Nothing published on the organisation’s website, danielpicave.com, constitutes professional or qualified legal advice. If you need legal advice, then please contact a qualified solicitor. Any action you take upon the information on the organisation’s website is strictly at your own risk. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
The material displayed on the organisation’s website is provided without any guarantees, conditions or warranties as to its accuracy.
Daniel Picave expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the organisation’s website or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business
loss of profits or contracts
loss of data
loss of goodwill
any other loss or damage of any kind
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect the organisation’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Intellectual Property Rights
Daniel Picave is the owner or the licensee of all intellectual property rights on the organisation’s site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Visitors to the website may print off one copy, and may download extracts, of any page(s) for personal reference and you may draw the attention of others within your organisation to material posted on the site.
You must not modify the paper or digital copies of any materials 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. Daniel Picave’s status (and that of any identified contributors) as the authors of material must always be acknowledged.
The organisation is registered with the Information Commissioner's Office and a designated nominee acts as a Data Controller under the terms of the Data Protection Act 1998.
Fees and Other Charges
The organisation operates a basic cost unit of one hour broken down into 15-minute increments. Charges will apply to every 15 minutes of time expended (except for an initial free telephone consultation), unless a fixed charge has been applied to specific products. Should there be any supplementary questions arising from the work done by 'Daniel Picave', or ancillary issues are raised, these will be dealt with at no extra charge unless the work involved would go beyond the simple clarification of outstanding points. Where a fresh thread of work is involved there will be a fee charged at the organisation’s standard rate. Other charges and reasonable disbursements may apply.
All fees are payable in advance directly by bank transfer. Card payments can be taken providing the debit or credit card is in the name of the client. VAT is charged on fees. Once a customer requests Daniel Picave to carry out work, the organisation will then email an invoice. This can be paid by either bank transfer or debit/credit card. Work will not commence until funds are received.
We reserve the right to apply an admin fee of £50 in the event of cancellation of our attendance at a pre-booked court hearing due to a client's decision.
Other charges may apply in circumstances where it is necessary, with the consent of the client, to gather evidence, including by means of interviews and witness statements, and this may include travel costs.
Daniel Picave will always endeavour to provide the client with an accurate estimate of costs in the event of any proceedings being considered.
All other services offered by the Company are charged in accordance with the fees published on the Daniel Picave website.
Ownership of Supplied Material
All documents and any other material supplied by the client to the organisation in the course of the organisation’s work for a client remains the property of the client. Such material will be appropriately safeguarded by Daniel Picave while it is in their possession.
At the conclusion of a case or at such time as Daniel Picave ceases to be engaged by the client, all material supplied by the client will be returned by the organisation.
Daniel Picave will keep its own records of each case with which it has been involved.
Client confidentiality will be maintained at the conclusion of the engagement by a client of the organisation. All records will be held securely.
Commitment to the Client
Daniel Picave is engaged as the client's agent in the case of a consumer complaint, employment dispute or alternatively, as the client's McKenzie Friend in the case of Family Court or civil proceedings. The organisation therefore acts at all times on the client's behalf, in accordance with instructions received from the client and provides support and assistance in the interests of the client relevant to the particular engagement.
Daniel Picave will discuss with the client the most effective means of supporting and settling the client's matter to achieve the most reasonable outcome for the client. In respect of family matters, Daniel Picave will work with the client to achieve the fairest solution with priority given to the needs of any children involved.
The organisation will not be liable for any damage or loss incurred as a result of acting as the client's agent.
Daniel Picave cannot act for the client as a solicitor or barrister would and cannot represent them or speak for them in court without the specific permission of the court. However, should the client so wish, a representative of Daniel Picave will accompany the client to court to provide moral support, assistance with documents and give quiet advice during a hearing.
Cancellation of Service
A client may cancel their engagement of Daniel Picave at any time. Such cancellation must be in writing and if indicated initially verbally this must be confirmed in writing. The client is under no obligation to give reasons for cancellation.
The client is liable, under the invoice terms set out in these Terms and Conditions of Business, for all fees and any other charges accruing up to the date of cancellation.
The organisation reserves its right to end its work on behalf of a client at any time, should it become evident that the client is in breach of these Terms and Conditions of Business or has acted in any way contrary to the actuality or spirit of an open and honest relationship with Daniel Picave.
Cancellation by the organisation will be notified in writing and all fees accrued up to the date of cancellation will be due by the client in accordance with the invoice payment terms set out in these Terms and Conditions of Business.
Daniel Picave takes any complaint about its services seriously. All complaints will be thoroughly investigated in accordance with the organisation’s policies. Any proposed remedy, will be notified to the client within 14 days of notification of the complaint. Complaints about the organisation's services must be notified to Daniel Picave within 28 days of delivery of the service which is the subject of the complaint.
These Terms and Conditions of Business shall be governed by and constructed in accordance with English law. Disputes arising in connection with these Terms and Conditions of Business shall be subject to the exclusive jurisdiction of the English courts.
The Company reserves the right to add, delete or modify these Terms and Conditions of Business at any time without prior notice. Any such amendments will be brought to the notice of clients.