PRIVACY POLICY and TERMS & CONDITIONS

This website is brought to you by Sparling Benham & Brough Trading as Sparlings Solicitors (hereafter referred to as Sparling Benham & Brough). We take the privacy of our website users very seriously. We ask that you read this Privacy Policy ("the Policy") carefully as it contains important information about how we will use your personal data.

For the purposes of the Data Protection Act 1988, Sparling Benham & Brough is the "data controller" (ie the company who is responsible for, and controls the processing of, your personal data).

Personal data we may collect about you

We will obtain personal data about you (such as your name, address, telephone number and email address) whenever you forward an email enquiry to us or complete any of the Contact Forms requesting further information by email or telephone.

We will also obtain personal information about you in respect of any matters on which you seek our advice/assistance and as requested in the Contact Forms on this website. If you volunteer such information you will be consenting to our processing it for the purposes of assessing your potential matter and advising you as to how to potentially we will be able to assist you.

How we may use your personal data

We will use your personal data as outlined above for the purpose of contacting you with a view to assessing how best to assist you with any enquiry that you may have.

Direct email marketing and use of your personal data

Unless you have asked us not to, we will also use your personal data and in particular your name and email address to provide you with:

  • Periodic newsletters about your chosen services
  • Direct marketing including communications by email about other services we offer, special offers, events, blog posts and articles that may be of interest to you including for a reasonable time after you have ceased to be a client and/or alternatively for a reasonable time after any enquiry made via our website contact forms and/or by telephone.

Your marketing preferences

You may opt out at any time from receiving direct email marketing simply by contacting us on 01206 733733, emailing: enquiries@sparlings.co.uk or by clicking on the "unsubscribe" link in any direct marketing emails from us.

Keeping your data secure

Whilst we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data which are transferred from you or to you via the internet.

Information about other individuals

If you give us information on behalf of someone else, you confirm that the other person has agreed that you can:

Give consent to the processing of his/her information as regards the type of matters about which you potentially seek our advice and as detailed and requested in the various Contact Forms on this website.

Your rights You have the right, subject to the payment of a small fee to request access to personal data which we may process about you. If you wish to exercise this right you should:

Put your request in writing
Including proof of your identity and address (eg a copy of your driving licence or passport, and a recent utility or credit card bill) Attach a cheque in the amount due at the time, made payable to Sparling Benham & Brough Specify the personal data you want access to. You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right you should:

Put your request in writing
Provide us with enough information to identify you Specify the information that is incorrect and what it should be replaced with.

Discounts and Incentives

We offer the following discount schemes:

  1. £25 plus VAT discount on your first invoice as a new client.

  2. £25 plus VAT discount on your first invoice on any subsequent matter started during the course of your first matter as a new client.

  3. £25 plus VAT discount on your first invoice on any matter started within 12 months of your last matter closing.

  4. £25 plus VAT discount on your next invoice after having referred a friend or family member to us.

Discount Scheme Terms and Conditions

  1. All discounts apply only to private funded work. Matters funded by any Legal Aid scheme, through a Conditional Fee Agreement (CFA), Contingency Fee Agreement, Legal Expenses Insurance, After the Event Insurance, Fixed Fee Conference or payable by a third party under the terms of a Compromise Agreement are excluded.

  2. Schemes 1-3 apply only upon the signing and return of a letter of retainer and, when requested, payment of monies on account of costs and expenses.

  3. Scheme 3 applies only upon the presentation of an original scheme voucher, and no copies of any sort will be accepted in lieu of an original voucher. Only one Scheme 3 voucher may be applied to any one matter.

  4. Scheme 4 applies only upon the person referred having instructed us and having signed and returned a letter of retainer (whether privately funded, funded by a Legal Aid scheme, through a CFA, Legal or After the Event Insurance or Contingency Fee Agreement) and excludes any referral resulting in a Fixed Fee Conference.

  5. Scheme 4 applies only to referrals made during the course of an open matter.

  6. One off advice appointments payable at an agreed fixed fee and any free conferences are excluded from the discounts referred to in Schemes 1-4.

  7. All discount scheme vouchers are non-transferable.

  8. We reserve the right to remove any discount applied to an account, the balance for which is not paid in full within 28 days of issue, and to withdraw or vary any/all of the Discount Schemes at any time and without prior notice.

Small Claims Fixed Fee Scheme Terms and Conditions

  1. We reserve the right to not accept instructions under the Small Claims Fixed Fee Scheme for any reason, whatsoever.

  2. The Small Claims Fixed Fee Scheme is limited to claims or counterclaims with a value of up to a maximum of £10,000 and which should be allocated to the Small Claims Track and do not include any claims for personal injury.

  3. The Small Claims Fixed Fee Scheme is not intended to cover claims to which some or all of the following characteristics apply;

    1. The claim or counterclaim is worth in excess of £10,000,

    2. The claim although worth under £10,000 is complex and unlikely to be allocated to the Small Claims Track; and/or

    3. The Hearing of the claim itself at Court is likely to last for in excess of a Small Claims Track Hearing and to be allocated to either the Fast Track or Multi Track regardless of the value of the claim/counterclaim being less than £10,000;

    and reserve the right in any/all of the circumstances (a) - (c) not to offer to carryout work under the Small Claims Fixed Fee Scheme as a result.

No Win No Fee Agreements

The Sparlings No Win no Fee Promise does not affect pre-existing Conditional Fee Agreements entered into before 1 April 2013 and is only offered in respect of any Conditional Fee Agreements entered into on or after 1 April 2013.

Free initial conference with Scrutton Bland Limited Terms & Conditions

  1. All no obligation free initial consultations with a fully-qualified Financial Adviser from Scrutton Bland Limited are subject to availability and may take place (subject to notice) at any of our Colchester, Frinton or Manningtree offices or, if more convenient, at Scrutton Bland Limited's offices located at 820 The Crescent, Colchester Business Park, Colchester, Essex CO4 9YQ.

  2. Scrutton Bland Limited may at their discretion agree alternatively to visit you at your home for the purpose of a free, no obligation consultation.

  3. Sparlings Solicitors will not be liable:

    1. For any costs, charges, commission or any other charges howsoever incurred by you with Scrutton Bland Limited, after the no obligation free initial conference, and as part of any ongoing terms of business agreed between you and Scrutton Bland Limited.

    2. For the accuracy of any advice given by Scrutton Bland Limited to you in the no obligation free initial conference or for any losses occasioned as a result of reliance upon any advice given to you by Scrutton Bland Limited, either at the free initial conference or subsequently.

    3. For any losses howsoever caused, occasioned by or related to, being able to offer you a no obligation free initial conference with an Adviser from Scrutton Bland Limited.

  4. Sparlings Solicitors is not authorised by the Financial Conduct Authority to give financial advice but in accordance with the Solicitors' Financial Services (Conduct of Business) Rules 2001 we advise that:-

    1. If while acting for you advice is needed on investments or mortgages we may have to refer you to someone who is authorised to provide the necessary advice.
      We may provide certain limited investment advice services where these are closely linked to the legal work we are doing for you. This is because we are members of the Law Society of England and Wales which is a designated professional body for the purposes of the Financial Services and Markets Act 2000. We refer clients who require financial advice outside the scope of this limited exemption to a firm of independent financial advisers.

    2. We are included on the register maintained by the Financial Conduct Authority so that we may carry on insurance and mediation activity which is broadly the advising on selling and administration of insurance contracts. This part of our business including arrangements for complaints or redress if something goes wrong is also regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Services website at www.fca.org.uk/register

    3. Sparlings Solicitors have a financial interest in Scrutton Bland Town Limited. Scrutton Bland Town Limited is not a solicitor's practice and it is regulated by the Financial Conduct Authority not the Solicitors Regulation Authority. Any clients of Scrutton Bland Town Limited are protected by the statutory provisions and protections afforded by the Financial Conduct Authority, the Financial Services Compensation Scheme and the Financial Ombudsman Scheme rather than those of the Solicitors Regulation Authority.

Our contact details

We welcome your feedback and questions. If you wish to contact us, please send an email to enquiries@sparlings.co.uk or you can write to:

3 West Stockwell Street,
Colchester,
Essex
CO1 1HQ

or call us on 01206 733733.

We may change this privacy policy from time to time. You should check this policy occasionally to ensure you are aware of the more recent version which will apply each time you access this website.

General disclaimer of liability for content
Sparling Benham & Brough is providing this site on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Sparling Benham & Brough makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Sparling Benham & Brough howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Neither Sparling Benham & Brough nor any of its partners, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site.

Notwithstanding the foregoing, none of the exclusions and limitations above are intended to limit any rights you may have as a consumer or any other statutory rights which may not be excluded.

Nothing on this site represents or purports to represent any constituent any professional advice (legal or otherwise) and is for general information purposes only.

Events beyond our control
We shall not be liable to you for any failure to provide or delay in providing our services through our website including but not limited to any claim becoming statute barred by limitation, resulting from any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems or network access, breakdown of the website host, fire, explosion or accident.

Intellectual property disclaimer

All trade marks, brand names, product names and titles and copyrights used in this site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by Sparling Benham & Brough in respect of the use of any of them and such use may constitute an infringement of the holder's rights.

Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.