Terms and conditions
TERMS AND CONDITIONS
Asserson Law Offices (“Asserson”, “we” “us”) is a firm of solicitors in England and Wales regulated by the Solicitors Regulation Authority with registration number 549779. Asserson operates from offices in London and Tel Aviv. Its head office is at 38 Wigmore Street, London W1U 2RU.
By agreeing to these terms and conditions you are instructing Asserson to act as your solicitors in relation to your dispute with your university regarding lost teaching time (the “Dispute”). The Dispute forms part of a group claim (the “Group Claim”) in which many other students affected by lost teaching time at their universities (the “Group Claim Clients”) have similar disputes with their respective universities.
2. Use of information you provide to us
You agree that the information you provide to us is true to the best of your knowledge. You agree that we may present such information to a court.
You understand that you are required by the court rules to preserve copies of all electronic or paper documents you have which are or might be relevant to the Dispute.
You agree that we can correspond with you using the email address you provide to us.
If you wish to change the email address we use to contact you, you must confirm the new email address in writing to us.
You must write to us using the email address firstname.lastname@example.org.
You agree to exercise your right to give us instructions in respect of the Dispute and the Group Claim solely through the Representative Committee as per Annex 1 below, which forms part of these terms and conditions.
We agree not to require you to pay us money directly in respect of the costs of the Dispute or the Group Claim. We will only seek payment in respect of your liability to us, if any, for such costs out of any proceeds of the Dispute or the Group Claim.
7. Treatment of proceeds
You agree that any money payable to you by any entity as a result of the Dispute or the Group Claim (whether in the form of damages, costs or otherwise) is to be paid in the first instance into our client account to be held on your behalf so that we can meet any funding or other liabilities you have before paying the remaining balance to you.
You can terminate your instruction of Asserson by giving us notice in writing 7 days in advance. Even after such termination, you may continue to be bound by agreements entered into when you were a Group Claim Client. This will depend on the specific terms of such agreements.
We can terminate your instruction of us at any time by providing you with written notice of termination 7 days in advance. If that happens, you will no longer be a Group Claim Client.
9. Governing law
These terms and conditions and your relationship with Asserson generally shall be governed by the laws of England and Wales.
Any dispute arising out of these terms and conditions or your relationship with Asserson generally shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11. Complaints handling procedure
We anticipate that our relationship will be successful and problem free. However, should you have any cause for concern, please write to us with your complaint.
Should you not be satisfied with the way in which Asserson deals with your complaint, you have a right to complain to the Legal Ombudsman. You can find out more about this right at the Legal Ombudsman’s site, www.legalombudsman.org.uk.
ANNEX 1 – THE REPRESENTATIVE COMMITTEE
a) The Representative Committee
A committee of representatives (the “Representative Committee”) will be elected from among the Group Claim Clients.
There are to be five members of the Representative Committee.
We will, at a time we deem reasonable, write to all Group Claim Clients to invite volunteers to form the Representative Committee. If more than five Group Claim Clients volunteer, an election will take place to determine the membership of the Representative Committee.
Election of the members of the Representative Committee will take place as follows. We will send voting instructions by email to each Group Claim Client, including details of each of the candidates. Each Group Claim Client will be allowed five votes, each of which much be used for a different candidate. The five candidates to receive the most votes will be duly elected as members of the Representative Committee.
c) Term of membership
The members of the Representative Committee will serve as members for the entire duration of the Group Claim unless they are removed in accordance with these terms and conditions.
A member of the Representative Committee may be removed if a “Removal Event” as defined below occurs, and in a subsequent vote by the Group Claim Clients, a simple majority of those who voted are in favour of removal.
A Removal Event is defined as either: (a) we propose a member’s removal in writing to all of the Group Claim Clients; (b) at least 10% of the Group Claim Clients propose a member’s removal in writing to Asserson within the space of 28 days; or (c) a member confirms their resignation in writing to Asserson.
You agree to the Representative Committee members acting as your agents in respect of your instruction of Asserson, the Dispute and the Group Claim. This is regardless of whether you participate/participated in the election of the Representative Committee members, and regardless of whether the Representative Committee members were elected before you agree to these terms and conditions. You agree not to revoke this agency under any circumstances other than via the removal of a member under the terms above regarding removal.
The Representative Committee will have the ability to carry out all functions on your behalf in respect of the Dispute and Group Claim except for in respect of Major Issues (as defined below). For the avoidance of doubt, this includes, by way of example only:
- agreeing further engagement terms with us, including agreeing a conditional fee agreement and/or damages based agreement (whereby we are entitled to a share of the proceeds of the Dispute or the Group Claim);
- agreeing terms for litigation funding with a funder;
- agreeing terms for after-the-event insurance with an insurance company;
- instructing us to commence claims, make interim applications, hire barristers and experts and generally conduct litigation on your behalf.
In the event of a disagreement amongst the members of the Representative Committee regarding any matter, the view of the majority of its members shall prevail.
f) Major Issues
The Group Claim Clients will retain the right to decide whether certain actions should be taken, regardless of the view of the Representative Committee. These actions are defined as “Major Issues”. The following is a comprehensive list of the actions which constitute Major Issues:
- changing any part of these terms and conditions;
- electing or removing members of the Representative Committee (as outlined above);
- discontinuing claims;
- making or accepting settlement offers.
The view of the simple majority of those who vote regarding a Major Issue will prevail.
In respect of discontinuance of claims and settlement offers, only those Group Claim Members affected by the proposed discontinuance or settlement will be entitled to vote in respect of the relevant issue.
g) Period before election of Representative Committee
Before the election of the Representative Committee, you agree not to give us any instructions in respect of the Dispute or the Group Claim.