Terms
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Simpson Heald Pearson Solicitors’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Simpson Heald Pearson Solicitors’ or ‘us’ or ‘we’ refers to the owner of the website whose office is Simpson Heald Pearson Solicitors, Suite 4, Bank Chambers, 1 Library Street, Wigan, Greater Manchester WN1 1NU. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, please see our Privacy/Cookies page for a full list of cookies used.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
- You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
- Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
The Service Offered
Our goal is the achievement of the best result possible in each case. We aim to do this as promptly as possible, keeping you fully appraised of progress. We are always happy to discuss your case and will often be able to answer your queries over the telephone. If you are not able to contact the fee earner responsible for your case, colleagues will be available to help. They are;
Bill Pearson – Solicitor, Sole Principal, Supervisor.
Louise Barrow – Solicitor, Head of Crown Court Department, Supervisor.
Karen Moorfield – Solicitor.
Lisa Pennington – Legal Clerk.
Alice Pearson – Practice Manager, Solicitor.
Stephanie Hill – Receptionist, Legal secretary.
Lauren Hulme – Paralegal
Jason Unsworth – Legal Clerk, accredited Police Station representative.
Erin Littlefair – Paralegal
How We Are Regulated
Simpson Heald Pearson Solicitors is regulated by the Solicitors Regulation Authority, which is part of the Law Society of England and Wales. Our registration number is 8003017.
We hold professional indemnity insurance for work carried out in England and Wales to the value of £2 Million, which means that if anything goes wrong you will not lose out. Our insurance is underwritten by the Travellers Professional Risks Ltd and our policy number is UCSOL3966857. Our VAT number is 764 5282 1 1.
Business Hours
We are open Monday to Friday 09.00 – 17.00. Out of hours emergency assistance can be obtained by calling 01942 495999. Please note that only genuinely urgent matters can be dealt with out of hours.
Timescale
We will provide you with the most accurate possible estimate of how long the proceedings will take. With this type of law, it is impossible to know in advance precisely how long a case will take. The estimates we give take into account our experience of similar cases and knowledge of court listing arrangements. It is impossible, however, to anticipate all eventualities, particularly when problems arise with prosecution witnesses or expert evidence. If unanticipated delays occur, we will revise the estimated timescale and advise you promptly.
Defence Costs
The costs of a case depend upon the complexity of legal and evidential issues, the volume of documentation and whether the case is to proceed at the Crown Court as well as the Magistrates’ Court. We shall discuss the most cost-effective way of presenting your case. This frequently involves applying for Legal Aid, which will usually cover all the required preparation and court hearings throughout a case. Legal Aid in the Magistrates Court is means tested and is granted or refused according to your financial circumstances.
Legally Aided cases before the Magistrates’ Courts remunerate the firm in the sum of £232.53 plus VAT (summary only offences) or £286.02 (either way offences) for straightforward guilty pleas or cases when the prosecution does not proceed. Cases prepared for trial (regardless of whether it proceeds) will normally return £397.14 plus VAT. Complicated cases can result in higher fees being claimed at £500.99 (summary only cases) and £542.58 (either way cases) or indeed £831.85 plus VAT if your case goes to trial.
If your case goes to the Crown Court for trial, you will automatically qualify for Legal Aid once you have completed an application form. After you have been means tested, you may have to pay towards the costs of your defence. This could be from your income while the case is ongoing, and/or from your capital, if you are convicted.
You will be asked to provide proof of your income and assets. If you do not, your payments could be increased, resulting in you paying more towards your defence costs. If you do not tell the truth on your application, then you could be liable for prosecution.
You will not have to pay towards the costs of your defence if you are under 18 when you make the application or if you receive universal credit, state pension credit or income related ESA.
You may have to pay a contribution if your disposable income is over a certain level. In these cases, the Court makes a Contribution Order and you will need to make payments as directed. The first payment will be due within 28 days of your case being sent, committed or transferred to the Crown Court. You are obliged to tell the Court of any changes to your financial circumstances as this may affect the Contribution Order. If you do not think you can afford to pay, or think that there has been a mistake, you are entitled to request a review.
At the end of the case, if you are found not guilty, any contributions that you have made to your Legal Aid will be refunded with interest. If you paid late, or not at all and action was taken against you, the costs of this action will be deducted from the refund.
If you are found guilty, you may have to pay towards your defence costs from any capital assets that you have. This would only apply if you have £30,000 or more of assets, for example savings, equity in property or Premium Bonds and if any payments already made have not covered the total defence costs. You will be told at the end of the case if you have to make a payment from capital.
Sometimes it is more appropriate to fund proceedings privately. Private quotations vary according to the complexity of the case and will be given individually. It is very unusual for a private quotation to be exceeded, and this would only occur after discussing it with you and with your authorisation to incur the extra expense. Payment will be required prior to significant expense being incurred.
Prosecution Costs
The Court usually orders a person to pay prosecution costs if an offence is admitted, or if a finding of guilt is recorded. The scale of costs varies. If guilt was promptly admitted, prosecution costs will be lower than if a conviction follows a lengthy trial.
The Court usually imposes a victim surcharge, the cost of which varies dependent upon the sentence received and may in certain circumstances be waved but this is entirely at the discretion of the Court and done on a case by case basis.
Complaints
Any concern or complaint ought to be addressed to the fee earner dealing with your case. If you remain dissatisfied, then complaints are to be referred to Mr Pearson, or if the complaint is in relation to Mr Pearson himself; Alice Pearson. Mr Pearson is our designated Complaints manager. We aim to provide not only a first class service, but also an effective procedure for managing complaints. We will do our best to resolve any dissatisfaction, but if our efforts fail, you need to contact the Legal Ombudsman at www.legalombudsman.org.uk Tel: 0300 555 0333 or at PO Box 15870 Birmingham B30 9EB.
Equality and Diversity
We aim to treat all persons fairly and equally. A copy of our equality and diversity policy is available on request.
Data Protection
We use the information you provide primarily for the provision of legal services to you and for related purposes including:
- updating and enhancing client records
- analysis to help us manage our practice
- statutory returns
- legal and regulatory compliance
Our use of that information is subject to your instructions, the Data Protection Act 1998, GDPR and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access under data protection legislation to the personal data that we hold about you, if you elect to action this right it must be done by submitting a subject access request. This must be submitted in writing at our registered address of via email to the data protection officer Alice Pearson at alice@shpsolicitors.co.uk.
This request will give you right to confirmation if your personal data is being processed and if it is access to the following information;
- the reasons why your data is being processed;
- the description of the personal data concerning you;
- anyone who has received or will receive your personal data; and
- details of the origin of your data if it was not collected from you.
We will respond to requests within one month of receipt. This deadline can be extended by a further two months where there are a number of requests or the request is complex but you will be contacted within a month of receipt explaining why the extension is necessary.
In most instances there will be no cost for the administrative costs of finding, gathering and disclosing data to you unless the your request is “manifestly unfounded or excessive” and in those cases this will be confirmed to you in writing within 1 month of receipt of subject access request.
We do have a right to refuse your request and in those circumstances you will be informed in writing within 1 month of the reasons for the refusal and yours right to complain to the Information Commissioners Office and of their right to a judicial remedy.
Under data protection legislation you also have the following rights ;
The right to be informed what the firm holds, the right to have errors corrected and the right to have data deleted if the form has no justification for holding it.
Storage of Documents
After completing the work, we will be entitled to keep all your papers and documents while there is still money owed to us for fees and expenses.
We will keep our file for six years, except those papers that you ask to be returned to you. We keep files on the understanding that we can destroy them six years after the date of the final bill. We will not destroy documents you ask us to deposit in safe custody.
If we take papers or documents out of storage in relation to continuing or new instructions to act for you, we will not normally charge for such retrieval. However, we may charge you both for the time spent producing stored papers that are requested and other work necessary to comply with your instructions in relation to the retrieved papers.
Quality Control and Confidentiality
We will keep your affairs confidential. External firms or organisations may conduct audit or quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to your files.
Money Laundering
Our practice’s policy is not to accept cash from clients. If you try to avoid this policy by depositing cash directly with our bank, we may decide to charge you for any additional checks we decide are necessary to prove the source of the funds. Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.
We are professionally and legally obliged to keep your affairs confidential. However, solicitors may be required by statute to make a disclosure to the Serious Organised Crime Agency (or other body) where they know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working on your matter for a period of time and may not be able to tell you why.
