BUSINESS TERMS AND CONDITIONS
For the supply of Legal Services by LEE & Co Solicitors
Regulated by the Solicitors Regulation Authority Reg No 814959
Partners Qualified Personal SRA No
| Geoffrey Herbert Lee | 2nd December 1968 | 96450 |
| Sephton Charles Lee | 4th May 1993 | 158841 |
| William Sean Meeson | 17th September 1990 | 146495 |
Contact Details
| Lee & Co 25 Hough Lane LEYLAND PR25 2SB | Telephone numbers : Office (01772) 624999 (01772) 884144 Fax Number : 01772 – 624603 Crime only 24 Hour Emergency number: 07789 8866525 |
| General : | office@ghlee.co.uk |
| Crime Only: | office@leecosolicitors.co.uk |
| WebPage: | www.leecosolicitors.co.uk |
Hours of Business
The office is open from 9.30 a.m. to 4.30 p.m. Monday to Friday but appointments can be arranged outside of those hours and visits can be made to homes for those unable to travel to the office . There is an after hours emergency help line which is mainly for Clients who are in trouble and need urgent assistance or advice, but it is only answered by the solicitors who deal with Criminal Court work and Police interviews.
Introduction
The purpose of these Business Terms and Conditions is to set out the basis on which Lee & Co will act for the Client. The firm is committed to the highest ethical and professional standards and wish to provide a first class service to its clients in a cost effective manner as possible. The firm will act with integrity, professionalism and fairness, whilst acting in the best interest of the Client, upholding the rule of law and the proper administration of justice.
The Contract
1.Definitions and Interpretation
1.1 In these Conditions (hereinafter referred to as the “Conditions”) for the Supply of Services by Lee & Co to the Client and or the Authorised Persons the following shall apply :
1.1.1 reference to a clause is to the relevant clause of these Conditions;
1.1.2 headings are included for convenience only and do not affect the interpretation of these Conditions,
1.1.3 references to “parties” or a “party” are references to the parties or a party to the Agreement;
1.1.4 references to the masculine include the feminine and references to the singular include the plural and vice versa in each case;
1.1.5 references to a person include all bodies whether corporate or unincorporated (including limited liability partnerships) and partnerships, in each case whether or not having a separate legal personality, except where the context requires otherwise;
1.1.6 references to an Act of Parliament, statutory provision or statutory instrument include a reference to that Act of Parliament, statutory provision or statutory instrument as amended, extended or re-enacted from time to time and to any regulations made under it;
1.1.7 references to any provision of the Code include references to that provision as amended replaced or renumbered from time to time; and
1.1.8 references to a person or body include references to their or its successor.
1.2 In these Conditions, the following words have the following meanings, except where the context requires otherwise:-
“the Account” is the account (including any Interim Bill) rendered by Lee & Co at any time during the performance of the Services or on completion for the Fees and VAT and has the same meaning as “the Bill” or “Fee Note” and includes all disbursements either paid or to be paid on behalf of the Client or the Authorised Person and whether provisional or actual
“the Agreement” the agreement between Lee & Co and the Client whether made direct with the Client or the Authorised Person on behalf of the Client for the provision of Legal Services on the terms set out in these Conditions;
“the Authorised Person” the person who is legally permitted to instruct Lee & Co either as a Director employee agent of any person or member of a corporate body or unincorporated body
“a Business day” is a day other than Saturday, Sunday or a day which is a public holiday in England.
“the Case” the particular Conveyancing, Probate, Matrimonial, Will Legal Dispute or other matter, whether contentious or non contentious, in respect of which Lee & Co have been requested or Instructed to provide the Services;
“the Client” mean any person, company or body who has Instructed Lee & Co or caused the Authorised Person to Instruct it in connection with the Provision of the Services at any time and can include any person who is substituted for the Authorised Person from time to time and in respect of which Lee & Co on behalf of the Client performs the Services. The words “you or your” also means “the Client”
“the Code” the Code of Conduct of the Law Society and or the Solicitors Regulation Authority as amended from time to time;
“the Executive” the person who is an executive or Legal clerk or pupil assisting the Solicitor in the performance of his or her duties
“the Fees” means the charges made at all times as Lee & Co provide the services and which can be requested in advance or paid on a monthly or other interval or at the completion of the work as Lee & Co desire and may be in accordance with any estimate given or which exceeds the estimate as the instructions require or expand under due/ change of circumstances
“Hourly Rate” means the rate per hour that Lee & Co are entitled to charge for the Services and or Work done.
“the Instructions” means the instructions and requests for work to be done (and all accompanying materials) given by the Client and or the Authorised Person to Lee & Co in whatever manner to enable them to supply the Services, and “Instruct” “Instructed” and “Instructing” shall have corresponding meanings;
“the Law Society” the Law Society of England and Wales
“Lee & Co” means the Partners named above collectively and the words “we, us, our, they or firm” in these terms means “Lee & Co”
“Matter” shall have the same meaning as “the Case”
“the Services” the legal services provided by Lee & Co in connection with the Case or matter pursuant to the Instructions provided by the Client or the Authorised Person;
“the Solicitor” the Solicitor (including for the avoidance of doubt whether a Partner or an Employed Solicitor, a Locum or an articled clerk) practising as a solicitor, who is willing and able in that capacity to provide the Services in connection with the Case and in accordance with the Instructions from the Client or Authorised Person
“the SRA” the Solicitors Regulation Authority;
“the SRA Code” the part of the SRA Handbook published by the SRA on 16 September 2011 referred to as the “SRA Code of Conduct 2011” as amended from time to time.
“Work” means all time spent and the performance of all tasks including without limitation of all telephone calls interviews drafting of documents attendance at Court and preparation for all meetings Court attendances and travelling in which Lee & Co carry out and or conduct on behalf of the Client in providing the Services
2. Application of the Conditions
2.1 Lee & Co provides the Services requested by the Client or by the Authorised Person on behalf of the Client on the terms set out in these Conditions and subject to its professional obligations under the Code.
2.2 Other than clause 2.4 these Conditions may be varied from time to time by Lee & Co who will notify the Client and or the Authorised Person in writing by post or email
2.3 In the event Lee & Co are instructed to provide further Services in relation to the matter or other matters simultaneously the Client and or the Authorised Person accept these Conditions in relation to those further Services, as well as in relation to the Services which Lee & Co was or is initially instructed to provide.
2.4 These Conditions do not apply in the circumstances when Lee & Co are paid directly by the Legal Services Commission, through the Community Legal Service, the Criminal Defence Service or by the Crown Prosecution Service.
2.5 Nothing in these Conditions nor any variation referred to in clause 2.2 shall operate so as to conflict with the duties or obligations of Lee & Co under the Code
3. The Instructions
3.1 The Client and or the Authorised Person must:-
3.1.1 ensure the Instructions delivered to Lee & Co are adequate to supply it with the information and documents reasonably required and in reasonably sufficient time for it to provide the Services requested.
3.1.2 deliver in clear and unambiguous terms of any timescale within which the Services are required
3.1.3 respond promptly and use reasonable effort to comply with any requests for further information requested by Lee & Co.
3.1.4 inform Lee & Co immediately if there is reason to believe that any information or document provided to Lee & Co is not true and accurate.
3.1.5 clearly mark all written instructions are marked “Urgent”; if Lee & Co are required to perform all or any part of the 
3.1.6 inform Lee & Co immediately if there is any change in the Instructions or if a litigation Case it is settled or otherwise concluded direct with any opposing third party without the knowledge of Lee & Co.
3.2 Where two or more people jointly instruct Lee & Co to act on their behalf in the case or matter whereupon :
3.2.1 Lee & Co shall be entitled to assume that the instructions given by one of them are given with the authority and consent of the others.
3.2.2 when instructions are given on behalf of a Company or unincorporated body Lee & Co shall be entitled to assume that the person nominated to give the instructions has the full authorisation to give the instructions of all shareholders, directors or members and be regard as the Authorised Person
3.2.3 all persons will be regarded as the Client and each will be jointly and severably responsible for payment of the full amount of the fees and disbursements irrespective that one of the parties has paid a sum either on account or otherwise
3.2.4 if substantive difference of opinions, wants, desires or views on any matter either become apparent or potentially will cause a conflict of interest between the parties , Lee & Co may cease to act for one or other of the parties or even for all parties without prejudice to the right of Lee & Co to demand payment of its Bill which will remain the joint and several liability of each party
4. Acceptance of the Instructions
4.1 Lee & Co may accept or refuse the Instructions in the circumstances and for the reasons permitted by the Code and Lee & Co incurs no liability if it refuses any Instructions in accordance with the Code or otherwise either due to conflict of interest or in due conscience
4.2 Prior to or notwithstanding acceptance of Instructions in accordance with Clause 4.1 above, Lee & Co shall be entitled to carry out any credit searches and other enquiries of due diligence against the Client and Authorised person in order to satisfy the requirements of the Money Laundering Regulations 2007 and for that purpose :
4.2.1 the Client and or the Authorised Person will provide Lee & Co with all reasonable assistance to carry out any necessary customer due diligence including (if required to do so) consenting to Lee & Co relying upon the Client or the Authorised Person under Regulation 17 of the Money Laundering Regulations 2007
4.2.2 if demanded the Client and or the Authorised Person shall pay Lee & Co a reasonable fee for such investigations limited to the sum of £75 which will not be refundable in any event and
4.2.3 In the event that Lee & Co reasonably consider that the requirements of the Money Laundering Regulations have not been satisfied it my withdraw any acceptance of the Instructions without incurring any liability.
Subject to the preceding provisions of this Clause 4, the Agreement comes into effect upon Lee & Co accepting the Instructions.
5. E-Mail Communication
5.1 Unless otherwise directed by the Client or the Authorised Person, Lee & Co may correspond by means of E-mail and the Client will:
5.1.1 accept the risks of using E-mail, including but not limited to the risks of viruses, interception and unauthorised access; and
5.1.2 use commercially reasonable procedures to maintain security of electronic mail and to check for commonly known viruses in information sent and received
5.1.3 not disclose to Lee & Co the Clients Bank account details by E-mail but will only do this by ordinary post and verbally face to face or by telephone after satisfying Lee & Co they who they genuinely are by answering any personal questions raised
5.2 Lee & Co will not disclose its Bank details to the Client by E-mail but will only do so either verbally or by ordinary post
5.3 If the Client receives an E-mail alleged to be from Lee & Co advising of the change of its Bank details the Client must ignore it as it will not be from Lee & Co who will not be changing its Bank and if it does it will not advise the Client by E-mail.
6. Confidentiality and Data Protection
6.1 Before accepting the Instructions Lee & Co will ask the Client and or authorised person for details of their full name and addresses at which they have lived, and to produce evidence such as Birth Certificates, Passports, Driving Licence etc and will keep a copy of the same (“the Data”)
6.2 Lee & Co place great emphasis on maintaining the highest standards of confidentiality and for the purposes of the Data Protection Act it is bound by the Act amongst other things,
6.2.1 not to disclose any confidential information to third parties and to take appropriate measures against unauthorised processing of personal data and against accidental loss or destruction of, or damage to, personal data.
6.2.2 to liaise with the Client and or the Authorised Person to maintain and update client records, to produce management data, to prevent crime, to comply with regulatory requirements and as permitted or required by law and
6.2.3 is entitled to process personal data of the Client, the Authorised Person and any others to enable it to provide the Services (e.g to Doctors, Surveyors, Barristers, Banks etc)
6.3 The Client and the Authorised Person each have a right of access and a right of correction in respect of their personal data which Lee & Co holds about them, in accordance with data protection legislation.
6.4 If the Client or the Authorised Person requires information they must request the same in writing from Lee & Co.
7. The services
7.1 In providing the Services Lee & Co will exercise reasonable skill and care subject to its professional obligations to any Court and under the Code.
7.2 Lee & Co may delegate the provision of any part of the Services but will remain responsible for the acts of its servants and agents,
7.3 If the Client has moved without notification or correspondence is returned by postal authorities, Lee & Co can stop the Services without liability in addition to the termination of the agreement through lack of instructions from the Client after a request
7.4 Lee & Co are not compelled or obligated in any way to provide the Services or carry out Work other than on a Business day but In exceptional cases, where it is expected to deal with urgent matters outside the usual office hours, or carry an exceptional responsibility, Lee & Co reserve the right to increase the hourly charging rate to a maximum of 50%
8. Fees and Disbursements
8.1 Unless a fixed fee arrangement has been agreed and confirmed in writing by Lee & Co or a client is entitled to receive funding from the Legal Aid Agency, the basis for calculation of the fees is calculated by reference to the time spent and the seniority of the case-worker undertaking the work, for which purpose Lee & Co will charge at an hourly charging rate for the time spent, which is recorded on its computer system.
8.2 In recording the time charged Lee & Co shall be entitled to include (without limitation) attendances upon the Client and others; any time spent travelling, reading, considering, preparing and working on papers and correspondence (including emails); making and receiving telephone calls and advocacy.
8.3 The fee for the Services shall in all cases be calculated on an agreed hourly rate as is communicated to the Client and or the Authorised Person which shall be no less than the sum of £195.00 per hour for a Partner and £175.00 per hour for an assistant Executive with no less than 2 years’ experience and for other staff £130.00 per hour
8.4 
8.5 any variation of the agreed hourly rate and the date on which it shall take effect shall be agreed with the Client or the Authorised Person, and in default of agreement Lee & Co shall be entitled to terminate the Agreement in accordance with Clause 17
8.6 If no fee or hourly rate is agreed, then Lee & Co is entitled to charge a reasonable fee for the Services having regard to all relevant circumstances.
8.7 The fee for the Services is exclusive of any applicable Value Added Tax (or any tax of a similar nature), which shall be added to the fee at the appropriate rate.
8.8 Lee & Co may agree to provide the Services for a fixed fee or may agree to provide the Services on such other basis as may from time to time be agreed.
8.9 In some areas of work, such as the administration of estates, Lee & Co, in addition to the hourly charging rate, may charge additional fees for the care and conduct element of the transaction, which reflects the complexity, value and risk of the matter.
8.10 All fixed fees quoted assumes that the matter will be straight forward, but if this proves not to be the case, then there may be circumstances where the fixed fee contract may be terminated, whereupon Lee & Co shall be entitled to charge the Client with any further fees at the hourly rate, together with any costs and disbursements incurred by Lee & Co (if applicable).
8.11 Fees are payable whether or not a case is successfully concluded or a transaction completed. If the transaction does not proceed to completion for any reason during the period in which Lee & Co is instructed, then Lee & Co shall be entitled to charge for work done on the basis set out above but, in its absolute discretion, Lee & Co may waive part or all of such entitlement to fees.
8.12 Unless cleared funds have been provided in advance Lee & Co have no obligation to effect payment of disbursements on behalf of the Client e.g. for such items as court fees, counsel’s fees, fees for medical reports, search fees, Land or Probate Registry fees etc. VAT is payable on certain disbursements
8.13 The Client shall be entitled to set a limit to the charges and disbursements (excluding VAT) which Lee & Co may incur without agreement but which limit the Client must specify in writing to Lee & Co. If no written agreement is in place, no limit shall apply.
8.14 Lee & Co shall be entitled to ask clients to deposit an advance payment on account of costs and disbursement before any Service is commenced or at any time during the provisions of the Services, either verbally or by means of an “interim bill”.
9. Court Cases
9.1 Unless the Client has the benefit of Legal Aid or an Insurance Policy, the Client will be responsible for the charges fees and any disbursements incurred by Lee & Co in the matter regardless of any costs that may be awarded to the Client by the Court, which are payable by the other side.
9.2 The Client should be aware that if he ,she or it succeeds in any court case, the general rule is that the costs may be awarded to the Client but there are circumstances where the Court will not award the full amount to the Client. This is particularly so if the other party is legally aided.
9.3 If the Client loses the case, the Client should be aware that the Client will have to pay the charges of Lee & Co and may have to pay the costs of the other party as well.
10. Accounts, Interim Bills, Payment and Interest
10.1 Lee & Co shall be entitled to deliver an Account or as an Interim Account to the Client or Authorised Person in respect of the Services or any completed part thereof and any disbursements at any time after supplying the Services or part thereof.
10.2 Accounts are due for payment immediately upon issue without any deduction by way of set off, counterclaim or other charge. In the event of non-payment within 30 days from the date of the invoice, interest may be chargeable at the rate allowed by statute from time to time on unpaid debts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, together with a fixed Statutory Charge on late payment.
10.3 In the event an Interim Account is rendered for Services and or disbursements paid on behalf of the Client the Interim Account is payable immediately by the Client, failing which Lee & Co is entitled to withdraw from the case or to cease to provide the Services until the Interim Account is paid.
10.4 Lee & Co reserve the right to take legal action in recovery of the debt if an account remains unpaid after 30 days from the date of invoice.
10.5 Payment of accounts may be made by bank transfer (bank details can be made available on request), cheque, Visa debit card and credit cards and cash (up to £1,000). Lee & Co reserve the right not to pay any monies out of it on behalf of the Client until the money is cleared funds in the account of Lee & Co.
10.6 Lee & Co reserve the right to deduct any invoiced sums (whether overdue or not) from monies received by them on the Client’s behalf before forwarding any balance to the Client. They also reserve the right to set off any invoiced sums (whether overdue or not) from monies held by them on any other account in the name of the Client
10.7 If a third party has agreed or been ordered to pay the charges, the Client will still be liable for those charges until the third party pays.
10.8 If the Client or Authorised Person disagrees with the Account then he or she, within 14 days from the date of the account, must provide Lee & Co in writing with all information the Client has which supports the Clients view that there is a genuine and substantial disagreement
10.9 In the event that Lee & Co are unable to satisfy the Client with regard to the complaint or disagreement the Client is entitled to apply to the Court for an assessment of the Fees or charges in accordance with Part III of the Solicitors Act 1974 and in which event the Client must :-
10.9.1 make application to the Court within 1 month from the date of the Account; but
10.9.2 first pay all the disbursements and all the VAT; and
10.9.3 pay 50% of the professional charges / Fees before making the application to the Court; and
10.9.4 be aware that the additional costs of Lee & Co could be payable and which the Court may so order, unless the Court make a reduction of more than 20% of the Fees together with interest, which will be charged at 8% above Bank Base Rate
11. General complaints
11.1 If the Client is unhappy about any aspect of the Service the Client must first raise the complaint with the Solicitor or Executive person who is providing the Service and, should the complaint still remain unresolved after this referral, the Client should contact Mr G.H. Lee by telephone on 01772 624999 or by post to 25 Hough Lane Leyland PR25 2SB who will attempt to satisfy the Complaint within 8 weeks of it being raised with him
11.2 If the Client is not satisfied with the handling of the complaint after the 8 week period the Client you can ask the Legal Ombudsman, who can be contacted at the Legal Ombudsman, PO Box 6806, Wolverhampton WV1 9WJ, by phone on 0300 555 0333, or at enquiries@legalombudsman.org.uk to consider the complaint. The complaint to the Legal Ombudsman must be made within 6 months of receiving a final written response from Lee & Co.
12. Professional Indemnity and Liability
12.1 In the interests of clients, Lee & Co maintains professional indemnity insurance for the sum of £2M for each separate or related claim and details will be provided from Lee & Co on written request.
12.2 Subject to Clause 12.3 below, Lee & Co will not be liable for:
12.2.1 any loss or damage, however suffered, by any person other than the Client;
12.2.2 any loss or damage, however suffered, which is caused by inaccurate, incomplete or late Instructions and or information from the Client or the Authorised Person;
12.2.3 any indirect or consequential loss however suffered.
12.2.4 any loss below the sum of £3,000.00 or in excess of the limit of cover within the professional indemnity policy effected by Lee & Co referred to in clause 12.1
12.2.5 any loss suffered by the Client and or the Authorised Person due to the collapse of the Banks at which Lee & Co hold Clients money which includes any such money belonging to the Client
12.2.6 any loss suffered by the Client and or the Authorised Person arising out of any misappropriation or stealing of funds by way of a transfer to unauthorised persons howsoever from the Client’s account of Lee & Co despite all precautions taken by Lee & Co for such illegal activities or fraud.
12.2.7 any loss suffered by the Client or the Authorised Person in consequence of fraud by third parties. It must be acknowledged and accepted by the Client that it is the Clients responsibility to ensure that details of the Clients Bank account are known to Lee & Co securely in writing (and not be email) and furthermore that any transfer of funds to Lee & Co are properly made and received.
12.3 Nothing in Clause 12.2 shall operate so as to exclude liability where such exclusion is prohibited by law.
12.4 In the event that the Client or the Authorised Person requires a limit of liability in excess of that otherwise provided for in Clause 12.1 above, Lee & Co will insofar as practicable agree to an increase in the limit of its liability provided that the Client and or the Authorised Person shall agree in writing that the Client will be liable for the costs incurred by Lee & Co in obtaining the required increased insurance cover.
13. Intellectual Property Rights and Lien
13.1 All copyright and other intellectual property rights of whatever nature in or attaching to the Services, including all documents, reports, written advice or other materials provided by Lee & Co to the Client and or to the Authorised Person belong to and remain with Lee & Co at all times
13.2 The Client and or the Authorised Person have the right to inspect the Clients file and to make copies of documents providing the Client and or the Authorised Person has paid the Fees in total and there is no outstanding sums of money owing to Lee & Co in connection with all matters in which Lee & Co have provided services to the Client and
13.3 Lee & Co shall at all times be entitled to exercise a lien on all files deeds and documents belonging to the Client until all money owing by the Client is paid
14. Storage and Release of Documents and Files
14.1 If at the conclusion of the matter the Client requires the return of any file of papers, Lee & Co will arrange to do this as soon as possible providing all accounts owing to them has been paid. If no request is made within One month of the date the account owing to Lee & Co is paid, the file will be sent to storage, which will be retained for a period of between 7 and 14 years from the date the mater was completed, depending on the type of the matter. Unless the Client requests other arrangements in writing, at the end of this period the file and papers will be destroyed without reference to the Client.
14.2 Lee & Co will, at the request of the Client, store the Clients Deeds or Wills and other important documents in safe custody in the their strongroom, as long as there is capacity, free of charge, but in common with the practice of banks and building societies, Lee & Co may make a nominal administration charge (not exceeding £50) on withdrawal depending on the nature of request and instruction given at the time of withdrawal
14.3 At the time of request for the removal of documents or files from Lee & Co the Client must produce photographic evidence of identity with details of residence and if the same are held in joint custody with a third party or more individuals, a written authority must be provided by all.
15. Financial Services
Lee & Co are not authorised by the Financial Services Authority and if the Client needs advice on investments, Lee & Co must refer the Client to someone who is authorised to provide the necessary advice, but in certain circumstances, limited advice may be given, as members of the Law Society, where these are closely linked to the Service being supplied as legal work we are doing for you.
16. Client’s Status
16.1 Unless otherwise declared, at the time of accepting instructions, Lee & Co shall be entitled to assume that the Client is not bankrupt or the subject of such an application (being an individual) or in receivership / liquidation or subject to an application for a winding up application (if a limited company)
16.2 If the Client is subject to any Court proceedings or potential of such in relation to an event referred to in clause 16.1, the Client is obliged to inform Lee & Co immediately and Lee & Co shall be entitled to terminate all instructions and render it account for charges in respect of the Services provided to that date, and to withdraw from any Court proceedings at which Lee & Co is representing the Client.
17. Termination
17.1 Both parties may terminate the Agreement by giving reasonable notice to the other in writing at any time.
17.2 The Agreement will terminate automatically as soon as Lee & Co is under an obligation pursuant to the Code, by a conflict of interest or otherwise to withdraw from the Case or matter.
17.3 For the avoidance of doubt, termination of the Agreement, whether under this clause or otherwise, does not affect or prejudice any accrued liabilities, rights or remedies of the parties under the Agreement and especially the provisions of clauses 8 and 10.
17.4 These conditions and all provisions of the agreement, so far as they are capable of being complied with, shall continue to be operative notwithstanding completion of the work or Services and termination howsoever caused.
17.5 A provision which either in its terms or from its intent is to survive termination of this agreement shall remain in force however the termination occurs.
18 Waiver
18.1 A party may release or compromise a right under this agreement or grant indulgence in respect of a liability to it without affecting its other rights or other liabilities to it.
18.2 The failure by a party, whether or not deliberate, to exercise a right or to insist on the precise performance of the agreement, or its delay in doing so, shall not affect its future exercise or enforcement of rights.
18.3 The giving by a party of its consent to an act which under these conditions or the Agreement requires that consent shall not prejudice its right to withhold consent to a similar act.
19. Severability
19.1 If any provision of these Conditions is found by a competent court or administrative body of competent jurisdiction to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the other provisions of these Conditions which will remain in full force and effect.
19.2 If any provision of these Conditions is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question will apply with such deletions as may be necessary to make it valid and enforceable.
20. Exclusion of rights of third parties
The ability of third parties to enforce any rights under the Contracts (Rights of Third Parties) Act 1999 is excluded.
21. Entire agreement
Subject to the terms of the Code and fees quoted in any letter written by Lee & Co at the time of receipt of the instructions, these Terms and Conditions comprise the entire agreement between the parties to the exclusion of all other terms and conditions and prior or collateral agreements, negotiations, notices of intention and representations and the parties agree that they have not been induced to enter into the Agreement on the basis of any representation.
22. Notices
22.1 Any notice or other written communication to be given or delivered under this 
22.2 Notices and other written communications under this Agreement shall be deemed to have been received in accordance with the provisions of CPR 6.26, save that fax is not permitted.
23. Governing Law, Jurisdiction and Dispute Resolution
23.1 The Agreement and these Conditions shall be governed by and construed in accordance with the law of England and Wales.
23.2 Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement.
23.3 Without prejudice to Clause 23.2, the parties may agree to alternative methods of dispute resolution
24. Expert Determination
24.1 Where an issue is to be dealt with by or submitted for the determination of an expert:
24.1.1 if the parties are unable to agree on the appointment of the expert, he shall be appointed by the President of The Law Society at the request of either party;
24.1.2 the person appointed shall not act as an arbitrator; and
24.1.3 the fees and expenses of the expert shall be borne in the proportions determined by him.
24.2 A determination or certification by an expert under this agreement is, in the absence of manifest error, conclusive.
25. Force Majeure
25.1 If a party is unable to carry out its obligations under this agreement or the carrying out is delayed as a result of force majeure, it shall not be liable for its inability or the delay if:
25.1.1 it promptly gives the other party notice specifying the matters constituting the force majeure;
25.1.2 it states its best estimate of the period for which its inability will continue or the period for which performance of its obligations will be delayed; and
25.1.3 it uses all reasonable endeavours to remove or minimise the effect of the force majeure.
25.2 If:
25.2.1 the force majeure continues, or the carrying out of the contract is delayed, for a prolonged period; or
25.2.2 it becomes impossible to perform a material provision of the contract; either party may terminate this agreement by notice to the other party.
25.3 For the purpose of this clause:
25.3.1 a force majeure is a cause which affects the ability of the party in question to perform a material obligation under this agreement and which arises from circumstances beyond its reasonable control;
25.3.2 a prolonged period is one exceeding three months.