STANDARD TERMS AND CONDITIONS OF BUSINESS GOVERNING ALL IMMIGRATION ENGAGEMENTS
“Irish Immigration Practitioners” “we”, “us”, “our” “the firm” means Abbey Blue Legal Ltd. By contacting us or otherwise using our service, websites, or accessing any content or material that is made available by Abbey Blue Legal Ltd through the Internet or via telephone (the “Content”) you are entering into a binding contract with Abbey Blue Legal Ltd
Your agreement with us includes these Terms of Engagement (“Terms”), together with our Privacy Policy, Acceptable Use Policy and Website Terms of use. (The Terms, Privacy Policy, Website Terms of Use, Acceptable Use Policy, Cookie Policy, and any additional terms that you agree to, as discussed in this section, are referred to together as the “Terms of Business”.). You acknowledge that you have read and understood the terms of business, accept these terms of business, and agree to be bound by them. If you don’t agree with (or cannot comply with) the terms of business, then you may not use Our services or access our content.
We may, at any time, and at our sole discretion, modify any of the terms of business, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.
- About Abbey Blue Legal Ltd
1.1. This document covers our Standard Terms of Engagement regarding the work we will provide in relation to this matter.
1.2. Abbey Blue Legal Ltd specialise in all areas and aspects of immigration from business immigration law through to refugee law, nationality, and human rights law. Any person acting on our behalf does so in their capacity as a partner or employee of ours, and not in any personal capacity. Any action by them, any communication from them, or any so from them, is taken, sent, or given on our behalf.
1.3. In the interests of our clients, we maintain compulsory professional indemnity insurance the full details of which can be requested from our head office in Manchester.
1.4. Please note that these terms of engagement cover instructions to act in matters concerning, immigration, asylum and / or human rights law. For matters unrelated to immigration, please call our head office. Any delay or failure in the performance by us hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. We are also not liable in the event of death, refusal of application and / or appeals, and in cases of undisclosed criminality we reserve the right to cease to act. We will also not be liable for the act and / or advice given by third parties, such as experts, agents, barristers and / or other representatives.
1.5. The work on the file will be either carried out under the authorisation or supervision of the partner. Should your allocated legal representative not be available when you contact the office, you can contact a managing supervisor or partner. If they cannot help, then please leave a message and we will return your call as possible. Once a file has been created for your matter, you may be allocated a reference number which may be provided to you. Please quote this reference when you telephone the office or in correspondence with us.
- What we will do
2.1. We will handle your affairs on a confidential basis, with due skill, care, and diligence and in a timely manner.
2.2. Our partners and employees will only undertake work within their competence. We will work with you with the aim of obtaining a favourable outcome in any matters that we handle for you, but success cannot and is not guaranteed.
2.3. Abbey Blue Legal Ltd aim to offer all our clients an efficient and effective service but should there be any aspect of our service with which you are unhappy then you may raise the matter with the Director directly.
- Agreed Fixed Fees and Disbursements
3.1 An agreed Fixed Fee Arrangement is an alternative to the standard hourly rate used by Immigration Practitioners. Some of our immigration instructions are offered on a 100% agreed fixed fee basis. Under this type of agreement, we provide you with a fixed price quotation for legal representation for a specific matter. Agreed fixed fees are not dictated by time spent on a file and are not dependant on case outcome or stage reached. Our agreed fixed fee quotation will cover the cost of your legal representation up until submission of your application/representation on a retainer basis. This means that the fee you have been quoted will be for you to retain our services until conclusion of the matter and both parties will be obligated to one another until submission of your application/representation. This gives certainty of legal cost to the client thus allowing you to budget for your legal fees and gives commitment to the firm thus allowing uninterrupted service.
3.2. By default, all our immigration instructions are offered on a 100% agreed fixed fee basis and in accordance with our collective terms of business. This is confirmed throughout our websites. We will also confirm this to you verbally at the time of taking your instruction and in some cases, may also send you a written proposal explaining the same. Once you have instructed the firm by accepting our quotation and making payment, this will also later be confirmed in writing in an email summarising the tasks undertaken up to the point of instruction and furthermore will confirm the next steps going forward. It should be noted that we are deemed to have been formally instructed at the stage at which you have accepted our quotation and made a payment for service to the firm. Where an agreed fixed fee quotation has been accepted, it cannot be varied in retrospect subject to the following exception: We reserve the right to vary such a fee in the event of a material change in circumstances and or instructions such that the quote would have to be exceeded for the matter to be concluded; we will seek your consent in advance before costs are incurred exceeding the agreed fixed fee.
3.3. Your client care letter will confirm the fees and charges we have agreed for the work we will carry out on your behalf along with the basis of the fee taken and your attention will be drawn to the firms’ standard terms of engagement and our standard policies.
3.4. It must be understood that an ‘Agreed fixed Fee’ is one that is absolutely fixed in all possible eventualities. Not only is an ‘Agreed fixed Fee’ one that cannot be varied upwards, equally, it is a fee that is not capable of being varied downwards. Accordingly, the agreed fixed fee is non-refundable regardless of which stage the matter has reached and it is not dependent on tasks completed or case outcome. Once a payment is taken, we are considered to have been formally instructed to progress the matter to conclusion and work carried out/planned by us will be carried out with a view to reach the desired objective namely a positive outcome. No refunds can be raised once work has commenced.
3.5. Disbursements will be charged in addition to our professional fees.
3.6. Where applicable, fees and disbursements are (where liable) subject to VAT or similar taxes in addition.
3.7. Any disbursement fees (e.g. Minister of Justice fees, courier fees, Entry Clearance fees, translation fees, interpreting fees) are excluded from our fees. Any postage costs incurred for overseas mail that requiring an Ireland courier or exceptionally heavy items will also attract an additional fee.
3.8 Although the firm will always endeavour to make clients aware of payment deadlines for Government fees, it remains the responsibility of the client to ensure that they always comply with any such requests. No responsibility will be accepted by the firm for any applications which have been denied/deferred/rejected due to non-payment of Government fees.
3.9. Where, after consultation with you, other advisers or service providers are engaged (such as expert witnesses, interpreter fees, postage fees, expert fees etc.) They will be engaged by us acting as your agent and you will be responsible for their fees in addition to our own.
3.10. Please note, if disbursements increase for any reason between the date of advice and the date of submission, you will be responsible for the increase in payment.
3.11. To assist us in carrying out the work as efficiently as possible, you must ensure that all information provided is to the best of your knowledge complete, accurate and up to date. You must also notify us of any changes or variations to that information which may arise after the date it is passed to us and of any new circumstances that might be relevant to the work we are undertaking.
3.12. Notwithstanding any estimates which we provide, in matters where an hourly rate has been offered, our final bill will be a product of the amount of time our legal representatives spend on the transaction and our fee rates as set out below.
3.13. Should a (non-agreed fixed fee) instruction be accepted and then subsequently be withdrawn for any reason following the provision of service including, but not limited to planning, legal strategy, legal advice, confirmation of documentary requirements, administration by way of calls, emails and/or bespoke correspondence, all work carried out will be billed at our minimum standard hourly rate of 250 +VAT Euro.
3.14. If the instruction was accepted on an agreed fixed fee basis, once service has been engaged (by way of legal consultation, irrespective of the method of delivery or duration) no refunds will be issued in the event of withdrawal/variation of instructions. 3.15. All requests for termination of retainer agreement/withdrawal or variation of instructions/cancellation and or refund requests will only be recorded if made in writing via our Resolutions Ticket system.
For matters accepted on an agreed fixed fee basis, the fee agreed between the firm and the client is fixed and therefore, both parties enter into a contractual agreement which is formed at the point a quotation is accepted and payment tendered. Accordingly, agreed fixed fees are non-refundable irrespective of stage reached, work carried out or outcome of representation.
- Basis of the agreed fixed fee
4.1. In relation to the agreed fixed fee, it is based on the following assumptions:
4.1.1. The ambit of work and true intention of the applicant/sponsor will not be materially different to that discussed during your free needs assessment;
4.1.2. The matter will proceed without undue difficulty;
4.1.3. No significant new issues will arise, nor will the matter extend to any significant areas of work not contemplated when the instruction was accepted;
4.1.4. Meetings/telephone appointments with the client will not exceed thirty minutes on average; the matter will be capable of being carried out by designated legal representative and senior solicitor/partner involvement will not be required;
4.1.5. The agreed fixed fee quoted relates only to Irish Law advice to be given.
4.1.6. The fee does not include any non-standard steps including unexpected problems, instructions or complexities, further representations, a further application, an appeal and / or a challenge of the application should it be refused or rejected for any reason. The fee does not also include any material changes in instructions, circumstances or delays resulting in unforeseen work.
4.2. We are entitled to retain your file of papers and original documents while there is money owing to us for fees.
4.3. In cases where an instruction has been accepted on an agreed fixed fee basis but subsequently withdrawn, the agreed fixed fee will be retained in its entirety as the agreed fixed fee is non-refundable regardless of which stage the matter has reached and it is not dependent on tasks completed or case outcome.
4.3.1 Where an instruction is withdrawn prior to services being provided and a full refund is requested, a minimum administration fee of 75.00 euro will be applied in all cases to cover the administrative costs of setting up the file, administering the refund and covering merchant refund fees. Agreed fixed fees are non-refundable once work has commenced on the file (work is commenced at consultation stage).
4.3.2 For non-agreed fixed fee matters, a minimum standard hourly rate of 250.00(+vat) euro will apply for each hour of work billed. This also applies to all withdrawn instructions.
4.3.3 For non-agreed fixed fee matters, if ,following a legal consultation, a bespoke document list and Client Care Letter is produced for the client, a minimum fee of 500.00 (+VAT) euro will be billed.
4.3.4 All telephone calls (in and out), emails and letters will be billed at a flat rate of 25.00 +VAT euro per item if the instruction is withdrawn by the client.
4.3.5 All Legal Consultations will be billed at a minimum flat rate of 250 + vat euro regardless of method of delivery or duration.
4.3.6 All consultations are offered on a strictly by appointment only basis and once booked, any consultations unable to take place as scheduled due to the client failing to present/making themselves available without a minimum of four hours advance notice in writing will remain billable at the flat rate of 250 + VAT euro.
4.3.7 Instructions accepted on an agreed fixed fee basis that comprises of more than one clearly defined task/application offer a discounted rate strictly on the basis that the firm has been retained to pursue all components to conclusion. If the basis of instructions subsequently changes prior to conclusion, the work already completed will not benefit from any agreed fixed fee discount and thus at the sole discretion of management, will be billed for at a pre-discounted standard rate of 250 + vat euro per hour in line with time spent on the file.