Reserved Legal Activities Under the Legal Services Act 2007 (“LSA 2007”), make it a criminal offence for us to provide legal advice. We are therefore unable to provide legal advice on the following issues:
- Providing legal advice or assistance in connection with the application of the law, whether the Party Wall etc. Act 1996 or other legal material and dispute resolution processes;
- Engaging in correspondence with one disputing party on behalf of another party prior to the issuing of proceedings, even on issues of law.
It is therefore our strict policy to refrain from entering into pre-action correspondence which is governed by legal procedure and capable of having repercussions in any ensuing litigation, such as costs sanctions. This applies to letters before injunctive action seeking undertakings or other ‘Letters before Claim’.
Legal Actions Under the Party Wall etc. Act 1996
The award under the Party Wall etc. Act 1996 (“the Act”) is for the benefit of the owners, so in the event of non-compliance with an award, it is for the owners to take enforcement proceedings. Brennan Associates advise that that their clients obtain legal advice in respect of enforcement of any part of an award, and that clients should be aware and fully understand that significant penalties could be attached to proceeding unwisely.
Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013
Where we are acting for you as an individual in your personal affairs (and not in a business capacity) the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 will apply to your engagement of our services. These require us to provide you with certain information when the contract is made. In this regard, your attention is drawn to the Consumer Provisions and other information below.
- You have the right to cancel your engagement of our services (the Agreement) within 14 days of the date hereof. You can do so without giving any reason.
- We are prevented from starting work on your instruction until after the cancellation period without your consent. If you require us to start works immediately on your project, you must write to us and waive your right to the cancellation period to elapse.
- If you exercise your right to cancel before the cancellation period has expired, we will not undertake any services on your behalf and you will not incur any charges. However if you request work to begin immediately or during the cancellation period, and subsequently cancel the Agreement after work has started as requested but before the expiry of the cancellation period, we may charge you any fees, disbursement and any applicable VAT reasonably incurred during that period.
RICS Regulation and Complaints
We are regulated members of the RICS and adhere to its code of conduct and complaint-handling service. Should you have any complaint concerning our engagement (to include the advice you have been given /fees you have been charged) please contact your main contact at Brennan Associates who will advise you of our complaints procedure.
Our registered company details are as follows:
- Forensic Surveys Ltd Trading as Brennan Associates
- Company Number: 7463372
- VAT Registration Number: 998451261
- Registered Office: Jubilee House, 3 The Drive, Brentwood, Essex, CM13 3FR