Legal

You should read these terms and conditions carefully before using this website (‘the Site’). By accessing or using the Site, you agree to be bound by these terms and conditions and our Privacy Policy (click here to view the Privacy Policy). No proposed changes to these terms and conditions are valid or have any effect. If you do not agree with or accept any of these terms and conditions, you should cease using the Site immediately.

Please note that no sale of products or services takes place on this website. Any agreement to provide legal services will be governed by separate terms and conditions in addition to these Terms and will be provided to you separately.

General

Cartmell Shepherd is a trading name of Cartmell Shepherd Limited, a company registered in England and Wales (09257683). Our registered office is at Viaduct House, Carlisle, Cumbria, CA3 8EZ. Cartmell Shepherd Limited is authorised and regulated by the Solicitors Regulation Authority (618960).

A list of Directors is available at our registered office in Viaduct House, Carlisle, CA3 8EZ.

Its activities are governed by the Solicitors’ Code of Conduct 2011 which is available at www.sra.org.uk. VAT Registration No: 514 4313 82. Clients have the right to take a complaint to the Legal Ombudsman  www.legalombudsman.org.uk/. In accordance with the Code of Conduct a copy of the complaints procedure is available on request to the complaints officer, Peter Stafford who can be contacted by post or telephone at our registered office or via e-mail to peter.stafford@cartmells.co.uk

Professional indemnity insurance is provided by Starr Companies, 4th Floor, 30 Fenchurch Avenue London EC3M 5AD, United Kingdon with Worldwide territorial coverage.

The information and any commentary contained in our news articles and advice notes are for general purposes only and do not constitute legal or any other type of professional advice. We do not accept and, to the extent permitted by law, exclude liability to any person for any loss which may arise from relying upon or otherwise using the information contained in these advice notes or news articles. Whilst every effort has been made when producing the notes or articles, no liability is accepted for any error or omission. If you have a particular query or issue, we would strongly advise you to contact a member of our team of specialists who will be happy to provide specific legal advice rather than relying on the information or comments in any news article or advice note.

Investment and Insurance Advice

Cartmell Shepherd Limited is not authorised by the Financial Conduct Authority (“FCA”). We are regulated by the Solicitors Regulation Authority (“SRA”), which is the independent regulatory arm of the Law Society of England and Wales. If you are unhappy with any investment advice or insurance advice you receive from us you should raise your concerns with the SRA.

Financial Services and Markets Act (“FSMA”)

If while we are acting for you, you need advice on investments we may have to refer you to someone who is authorised to provide the necessary advice. However we may provide some limited investment advice services where these are closely linked to the legal work we are doing for you. This is because we are regulated by the SRA, which is a designated professional body for the purposes of the FSMA.

Our role in any transaction is that of legal adviser and it is not part of our function to give advice on the merits of any transaction in investments. When providing our services we will assume that you have decided or will decide to negotiate or enter into any such transaction solely on the advice you may receive from a person authorised under the FSMA. No communication from us is intended or should be construed as an invitation or inducement to you or to anyone else to engage in investment activity.

Insurance mediation

Although we are not authorised by the FCA we are included on the register of exempt professional firms maintained by the FCA so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. The register can be accessed via the FCA website at www.fca.org.uk/register.

Distance Selling Regulations


If we have not yet met you and you are an individual acting for purposes which are outside your business, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to our agreement with you. That means that you have the right to cancel our engagement without charge at any time within seven working days of your acceptance of our engagement terms. If you wish to do so you must inform us of your decision to cancel in writing. Your right to cancel our engagement will not apply if you agree to us beginning work in relation to your instructions during the relevant cancellation period.
Availability and conditions of use
The Site is made available to you by us. While we make every effort to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site. We reserve the right to suspend or cease the operation of the Site from time to time at our sole discretion.

As a condition of your use of the Site, you agree:

  • not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions; and
  • not to defame, disparage any body or in a manner which is obscene, derogatory or offensive; and
  • to be responsible for ensuring that your use of the Site is consistent with all applicable laws and regulations.

We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.

Ownership, use and intellectual property rights

The Site and all content within the Site is owned and operated by us and/or our licensors. We and our licensors reserve all rights.

The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorised by us.

Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material on the Site belong to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site.

Disclaimers

While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.

Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes.

Cookies and other information-gathering technologies

Our website uses cookies. Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. These cookies allow us to distinguish you from other users of the website which helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

For more information on which cookies we use and how we use them, see our Cookies policy.

Hyperlinks and third party sites

The Site may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Equality and diversity

We are committed to promoting equality and diversity in all our dealings with clients, third parties and employees. Please contact us if you would like a copy of our Equality and Diversity policy.

Warranties and limitation of liability

You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose.

To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:

  • any error or inaccuracies in any information or material within or relating to the Site;
  • the unavailability of the Site for whatsoever reason; and
  • any representation or statement made on the Site.

Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site.

We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.

Indemnity

If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.

General

We reserve the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

These terms and conditions contain the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.

Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.

These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England.