Clarkslegal LLP - Solicitors in Reading and London

Retention of title

Notices & Policies

Clarkslegal LLP is a limited liability partnership registered in England and Wales. Registered number: OC308349. Registered office: One Forbury Square, The Forbury, Reading RG1 3EB. Solicitors regulated by the Law Society. References to Partners are to members of Clarkslegal LLP. Clarkslegal LLP is a member of the TAGLaw worldwide network of law firms.

Copyright

The content of this web site is the copyright of Clarkslegal LLP. All rights reserved. Except as set out below, no reproduction or downloading is permitted.

You may print or download extracts from the Clarkslegal web site for personal use only. No part of the site may be downloaded, copied or distributed for commercial purposes.

Prior permission must be obtained from a Clarkslegal partner for linking to this web site. Any use of material from this web site must be acknowledged.

Disclaimer

Due to the changing nature of the law, no warranty can be given as to the currency of the general information on this site or its applicability to individual circumstances. The contents of this web site are therefore not a substitute for individual legal advice. In the event of any dispute, the appropriate law and legal forum is England & Wales.

Client registration and identification

In common with other commercial law firms, we must comply with the Money Laundering Regulations 2007. This is part of the government`s drive against money laundering and terrorism.

The Regulations require us to obtain satisfactory evidence of identity in respect of substantially all new clients and those in respect of whom there has been a break in the relationship. We will be unable to start work for you until this evidence is obtained. The below lists the forms of identification acceptedable. Please contact your solicitor at Clarkslegal if you have any queries about these requirements.

The following is a list of examples of suitable documentary evidence of name for UK resident private individuals:

  • Current signed passport.
  • EEA member state identity card (which can also be used as evidence of address if it gives this).
  • Residence permit issued by Home Office to EEA nationals on sight of own country passport.
  • Current UK or EEA photo-card driving licence.
  • Current full UK driving licence– old-style provisional driving licences can not be accepted.
  • Benefit book or original notification letter from the Benefits Agency confirming the right to benefits.
  • Photographic registration cards for self-employed individuals and partnerships in the construction industry C1S4 (the card does not contain an issue or expiry date and is renewed only if the individual’s appearance changes dramatically).
  • National identity card containing a photograph of the client.

The following is a list of examples of suitable documentary evidence of address for UK resident private individuals:

  • Confirmation from an electoral register search that a person of that name lives at that address.
  • A recent utility bill or statement, or a certificate from a utilities supplier confirming an arrangement to pay for services on pre-payment terms (do not accept mobile telephone bills which can be sent to different addresses).
  • Local council tax bill for current year.
  • Current full UK driving licence– old-style provisional driving licences can not be accepted.
  • Bank, building society or credit union statement or passbook containing current address.
  • A recent original mortgage statement from a recognised lender.
  • Solicitor’s letter confirming recent house purchase or land registry confirmation of address.
  • Local council or housing association rent card or tenancy agreement.
  • Benefit book or original notification letter from the Benefits Agency confirming the right to benefits.
  • EEA member state identity card.
  • Inland Revenue self-assessment statement or tax demand.
  • House or motor insurance certificate.

If during our retainer we are asked to act for an additional client, we may not undertake work for that client until satisfactory evidence of identity is obtained. If we are unable to obtain that evidence, or to do so in a timescale acceptable to our existing clients, a conflict of interest may arise. This could result in a delay, or in our having to cease acting for all clients in the transaction.

Clarkslegal`s data protection policy

Clarkslegal is committed to ensuring that your privacy is protected. This policy outlines how we process the information we collect from you. Any personal data collected by Clarkslegal (or its agents) is used in accordance with data protection legislation.

Personal data provided to Clarkslegal will be collected and processed by Clarkslegal for the following purposes:

  • To provide the services required.
  • Administration (including adhering to client identification requirements specified under money laundering legislation).
  • Marketing, advertising and promotions (including notification of events, workshops and training sessions).
  • Processing personal data for the above purposes may entail sharing the information with employees, contractors, agents and professional advisers working with or associated with Clarkslegal.

Confidentiality and disclosure

We are under a duty to you to keep all information relating to your affairs completely confidential unless authorised by you to disclose information to someone else.

However, we may sometimes have other duties and obligations that can override this duty of confidentiality. Under the Proceeds of Crime Act 2002 we may not act for a client in a transaction that we know or suspect involves the proceeds of any crime unless we first disclose the details to the National Crime Agency or other law enforcement agencies. This may occur when we are first instructed or during the course of our retainer. A disclosure may result in a delay of up to 40 days before we can start or continue work.

We must also make such a disclosure where there are reasonable grounds to suspect that any person (not just our client) is or has been involved in any dealings relating to the proceeds of any crime. However, we do not have to do so if the information is legally privileged. Information may be privileged if it comes to us in connection with obtaining or giving legal advice or in connection with legal proceedings, but other circumstances may remove this privilege. Please check with your Clarkslegal partner at an early stage if you are in doubt about how this could affect you.

Disclosures that we make under this legislation may be made without reference to you as the client. We may be unable to discuss the circumstances or content of the disclosure with you, or to confirm that such a disclosure has been made.

Similar obligations arise under the Terrorism Act 2000 where the knowledge or suspicion relates to the use of money or other property for the purposes of or deriving from terrorism.

The making of such a disclosure or the delay arising from a disclosure could be harmful to the interests of our client or others with whom he or she is dealing. Please bear these issues in mind when giving us instructions.

Client account

Suspicion regarding money laundering or terrorist offences can be aroused in relation to money paid into the firm`s client account. When giving us instructions please tell us the source of any funds to be paid to us and tell us if the intended source is to be changed.

In certain circumstances we may become obliged to apply to the court for directions regarding the true ownership of monies paid into the firm`s client account, or a third party may assert rights over such funds. This may be the case where there are grounds for suspicion of money laundering or a terrorist offence. Pending the outcome of such application or dispute we may not be able to release those monies.

Clarkslegal’s terms of business

Clarkslegal recognises that these requirements may impact adversely on our clients and others dealing with us, but cannot accept any liability for any breach of confidentiality, loss or delay that may result. Please refer to our terms of business for full details. A copy of these can be made available on request.

Consent

By providing personal data to Clarkslegal, you give your consent to the processing of such data for the purposes of providing the services required, including administration associated with the provision of these services. In relation to marketing, Clarkslegal will only send electronic communications to clients when they have expressly consented to receiving such information by ‘opting-in’ to do so. Clients are then able to ‘opt-out’ of receiving such information in the future by contacting the marketing department, the details of which are set out below. In relation to marketing by hard copy mailing, Clarkslegal may send you information from time to time that we believe will be of interest to you. However, clients can withdraw their consent to the receiving of such communications by ‘opting-out’. This can de done by contacting the marketing department via the details provided below.

Your access rights

All clients have the right to ask Clarkslegal for a copy of the personal data held about them and to request that we correct any inaccuracies in that information.

Clarkslegal`s websites

When visiting a Clarkslegal website, cookies will be created. Cookies are pieces of data created when you visit a site, and contain a unique, anonymous number. They are stored in the cookie directory of your hard drive, and do not expire at the end of your session.

Cookies do not contain any personal information about you and cannot be used to identify an individual user. If you choose not to accept the cookie, this will not affect your access to the majority of facilities available on our websites.

Although your browser may be set up to allow the creation of cookies, you can specify that you be prompted before a site puts a cookie on your hard disk, so that you can decide whether to allow or disallow the cookie. Alternatively, you can set your computer not to accept any cookie.

Clarkslegal’s websites also contain links to other sites. Clarkslegal is not responsible for the privacy practices within any of these other sites. You should be aware of this when you leave a Clarkslegal web site and we encourage you to read the privacy statements on other websites you visit.

Log files are also created when persons visit a Clarkslegal website. They allow us to record visitors` use of the websites. Clarkslegal puts together log file information from all our visitors, which we use to make improvements to the layout of the websites and to the information in it, based on the way that visitors move around it. Log files do not contain any personal information about you.

Use of information for marketing purposes

If you have consented to receiving marketing material, you always have the option of ‘opting-out’ of receiving further material from Clarkslegal. By consenting, Clarkslegal may provide you with information on appropriate services, events, training and education programmes provided by or supported by Clarkslegal.

Clarkslegal aims to maintain the quality of the personal data it gathers and will only store your personal information securely for a reasonable period. If at any time you want Clarkslegal to stop sending such communications, or if you wish to verify, update or amend your personal information, or if you wish to be removed from our database, or to opt-out of specific direct mailings, then please contact:

Marketing
Clarkslegal LLP
One Forbury Square
The Forbury
Reading
RG1 3EB

Email: marketing@clarkslegal.com
Telephone: 0118 958 5321
Fax: 0118 960 4611

Changes to this privacy policy

If this privacy policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.